Results

This article explores the remedies available to purchasers of diseased or otherwise unfit cats and dogs. The relevant state statutes are discussed as well as general contract principles under Article 2 of the Uniform Commercial Code.

Folks come to law smithies with tort troubles. Those troubles follow this general scenario: Allegedly, someone has breached a duty owed that damaged another’s right, thus calling for a duty of smithies to fix it. In this nation’s separation of government powers, that scenario initiates a job for the judicial branch, where courts are the shop smithies. Within their job description and among its many work orders lies the issue of pet loss remedy. That remedy will be the focus of this Essay; but first, all remedy of any kind must be put in context.

Mr. Duckler delves into valuation issues that arise in the context of recovery of non-economic damages for death and injury to companion animals. He argues that the special nature of companion animals in society necessitates an assigned monetary worth to such animals that is distinct from and exceeds mere market value. As support for this contention, Mr. Duckler provides relevant legal, sociological, and anthropological analyses.

This comment investigates the factual bases of arguments from the veterinary community and of those that support increasing the malpractice liability of veterinarians. Combining law and economics theory with basic mathematics to evaluate the validity of these positions, it then suggests specific measures for legislatively addressing those parties' concerns.

In this Comment, the authors examine recent national and Alaskan developments regarding a limited testimonial privilege for animal adoption agencies and adoptive owners. Unlike most testimonial privileges, this new privilege e did not exist at common law and has only a limited foundation in statutes or rules of evidence. The authors conclude by noting the effect this privilege has on replevin and conversion cases involving lost animals that have been adopted by new owners.

Should the law treat dogs as vicious animals or loving family companions? This article analyzes common law strict liability as applied to dog bite cases and the shift to modern strict liability statutes, focusing on the defense of provocation. It discusses the inconsistency in the modern law treatment of strict liability in dog bite cases. The article then resolves why negligence is the proper cause of action in dog bite cases. The Author draws comparisons among dog owner liability in dog bite cases, parental liability for a child’s torts, and property owner liability for injuries caused by his property. The Author concludes by proposing a negligence standard to be applied in dog bite cases.

This is a short, concise and easy to read summary of how the American court system works.

Because it is exceedingly difficult to measure the value of “companionship” in determining damages for the loss of a companion animal in wrongful death cases, courts and legislatures have struggled to come up with a realistic method of assessment. This article suggests a straightforward “investment approach” to estimate the minimum pecuniary value, including companionship value, that human guardians place on their companion animals. Significantly, the investment approach provides a more accurate assessment of companion animal value, which serves tort system goals of efficient compensation for loss and deterrence of future harm to companion animals.

This Article first provides an overview of the philosophical basis of the allocation (or non-allocation) of moral status to nonhuman animals considering historical and modern views of animals. Second, it analyzes the legal status of animals under the current system and discusses the idea of extending legal 'personhood' to such animals. Next, it considers the common law and statutory basis for the current valuation of companion animals. Finally, this Article supports and promotes the idea that there is a rational basis for changing the way that companion animals should be valued by the legal system and recommends the adoption of statutory provisions to promote consistency and certainty in these cases.