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The Calculus of Animal Valuation: Crafting a Viable Remedy

Margit Livingston

DePaul University College of Law

February 1, 2004

Nebraska Law Review, Vol. 82, p. 783, 2004

This article examines the current tort doctrine that values companion animals only at fair market value, which is minimal for most pets. The author argues that this rule severely undercompensates most plaintiffs whose companion animals are destroyed through another's negligent or intentional act. Pet owners typically keep companion animals for relational, not economic, purposes. As a result, the formulation for tort damages should reflect the true worth of these creatures in our lives. The author proposes a damages scheme for plaintiffs under which they could recover the replacement cost of their deceased companion animal plus a limited amount of damages for emotional distress and lost society.

Number of Pages in PDF File: 66

Keywords: Torts, Animal Valuation, Noneconomic Damages

JEL Classification: K13

Accepted Paper Series

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Date posted: February 4, 2009  

Suggested Citation

Livingston, Margit, The Calculus of Animal Valuation: Crafting a Viable Remedy (February 1, 2004). Nebraska Law Review, Vol. 82, p. 783, 2004. Available at SSRN: http://ssrn.com/abstract=1337265

Contact Information

Margit Livingston (Contact Author)
DePaul University College of Law ( email )
25 East Jackson Boulevard
Chicago, IL 60604-2287
United States
3123628701 (Phone)
3123625448 (Fax)

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