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Remedies in Animal-Related Litigation

By Joan E. Schaffner

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This chapter discusses the challenges of determining appropriate remedies in cases involving animals with a focus on companion animals. Damages fall into one of two categories: substitutionary relief, which is based on the value of loss of the animal, and specific relief, which "seeks to either avoid harm, undo the harm, or repair the harm in kind." In private law cases the primary relief sought is substitutionary damages. The changing role of companion animals in people's lives is leading to an expanding range of available damages, such as companionship value, emotional distress and punitive damages. Of course, the jurisdiction's substantive law governs the availability of damages.


Megan Kendall

Purdue University

Date 2000
Publication Title Litigating Animal Disputes: A Complete Guide for Lawyers
Pages 437-460
Series Title Chapter 9
Publisher George Washington Law School
Language English
Notes This book section was found at the George Washington Law School Scholarly Commons:
Cite this work

Researchers should cite this work as follows:

  1. Animal roles
  2. Animals in culture
  3. Animal welfare
  4. Pet ownership