Full Title Name:  The Restatement of Torts and Recovery for Loss of the Human-Pet Bond After an Intentional Tort

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Merle H. Weiner Place of Publication:  The University of Memphis Law Review Publish Year:  2025 Primary Citation:  55 U. Mem. L. Rev. 525 (2025) 0 Country of Origin:  United States
Summary: This Article seeks to explain why some courts refuse to allow recovery for loss of the human-pet bond even in cases involving intentional torts, such as conversion or trespass to chattels. Much of the explanation rests with the Restatement of Torts. The first and second iterations of the Restatement of Torts increased the obstacles pet owners encountered when they sought recovery for emotional harm after an intentional tort. This fact contradicts the common understanding that tort law was expanding during much of the twentieth century, and that tort law affords make-whole relief to achieve corrective justice. While a recent provision in the Restatement (Third) of Torts: Remedies makes clear that such recovery is in fact permissible, this Article explains why the new section may have little effect and what should be done to further clarify the law in this area.
Documents:  PDF icon The Restatement of Torts and Recovery for Loss of the Human-Pet Bond After an Intentional Tort.pdf (1.3 MB)
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