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1985 Animal L. Rep. 1 (1985)

handle is hein.journals/anilare8 and id is 1 raw text is: ANIMAL LAW REPORT
A Publication of the
AMERICAN BAR ASSOCIATION
Young Lawyers Division -- Animal Protection Committee
Summer/Fall 1985
COMMITTEE NEWS

*  BE IT RESOLVED, That   the American *
* Bar Association/Young Lawyers Divi- *
*  sion encourages courts to  consider *
*  the   mental   pain  and  suffering *
*  caused to the   owners of   animals *
* when their animals are negligently *
*  or willfully   injured  or  killed, *
* when determining awards for damages *
*  in such cases.                      *
This resolution was presented by the
Animal   Protection  Committee   to  the
American Bar Association/Young Lawyers
Division Assembly at the ABA's Annual
Meeting in Washington, D.C. in early
July.      Professor   Gary   Franci one,
Vice-Chairman of the Committee, spoke
in favor of the resolution and urged the
Assembly' s support.
Professor Francione emphasized that a
basic   premise  of   awards   in  cases
involving damage to personal property is
to make the aggrieved person whole
again.     He   agrued  that   in  cases
involving   the  negligent   or  willful
injury to or destruction of an animal,
compensating an animal owner for the
market value of the animal alone is
sometimes insufficient in that it does
take  into   consideration  the  special
relationship that often exists between
people and their animals.
He pointed to a few cases where courts
have upheld  the  right  of  persons to

recover   for  their   mental  pain   and
suffering   which   repulted   from   the
negligent   or  willful   injury  to   or
killing of their animals and to the many
books   and  articles   that  have   been
written about the important role animals
play in the lives of many individuals.
Speakers against the resolution claimed
that animals were personal property and
the traditional measure of damages for
the  loss  of  an   animal  (fair  market
value) was sufficient.      It was also
argued   that  it   would  be   extremely
difficult to determine what the amount
of monetary awards should be for pain
and suffering in these cases.
The resolution was defeated by a voice
vote. Despite the defeat of the resolu-
tion, the Animal Protection Committee
will  continue   its  efforts to   secure
passage of this or a very similar reso-
lution to improve the status of animals
under the law.
Editor - Elinor Molbegott, The American
Society for the Prevention of Cruelty
to Animals, 441 East 92nd Street,
New York, New York 10128
(212) 876-7700.
Copyright 0 1985 - American Bar
Association, Young Lawyers Division,
Animal Protection Committee.

Opinions expressed in the Animal Law Report do not necessarily represent the views or
policies  of the American Bar Association or the Animal Protection Committee of the
American Bar Association-Young Lawyers Division.

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