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INTERNAL PROTOTYPE — NOT LEGAL ADVICE — DO NOT SEND

Riley v. Dempsey (2005)

Citation
Riley v. Dempsey (2005)
Parent Document
Riley v. Dempsey (2005)
Jurisdiction
Vermont (state)
Effective Date
2005-01-05

Full Text

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There do not appear to be any Supreme Court cases directly addressing whether pet
damage falls within “normal wear and tear.” However, when courts are called upon to apply a
statute under new circumstances, one factor to consider is the common understanding of the
words. See, e.g., Baker v. State, 170 Vt. 194, 200 (1999). In addition, the express language of
the statute calls for consideration of “the reasonable use for which the rental unit is intended.”
Thus it was not error for the Small Claims Court to consider the “common understanding” of the
words, nor was it error for the court to consider the explicit reference to pets in the first written
lease.