Pets have "special subjective value" to their owners that courts should consider in deciding custody of the animal, a New Jersey state appeals court ruled yesterday.
The three-judge panel ruled that money was insufficient compensation for a woman whose former fiance kept their dog after the breakup of their relationship despite an oral agreement that she would keep the pet. Both the Animal Legal Defense Fund and Lawyers in Defense of Animals had filed amicus briefs in this matter.
"There is no reason for a court of equity to be more wary in resolving competing claims for possession of a pet based on one party's sincere affection for and attachment to it than in resolving competing claims based on one party's sincere sentiment for an inanimate object based upon a relationship with the donor," the judges ruled. "That is so because money damages cannot compensate the injured party for the special subjective benefits he or she derives from possession."
Credit: nj.com; star-ledger
March 11, 2009
Pets Are Not Just Things in New Jersey
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2 comments:
It should have always been like this! Too bad your dog can't take the stand!
It's never going to be about the money when all you want is your dog! Makes me proud to live in NJ!
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