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Yellowdog's avatar

In Civil Court, how do you place monetary value on irreplaceable items with value beyond the cost of the materials, such as art or hierloons?

Asked by Yellowdog (12216points) December 14th, 2016

This is long, but not boring.

A woman I know was renting a room from another woman—they were friends from eighth grade until their mid thirties and then drifted apart, and last summer, in their early forties, found each other on Facebook.

“Karen” rented a room from “Kim”—though it became obvious that Kim was on drugs. Karen helped Kim get her house in order, since a child was living there and the family needed foodm soap and detergent, dishes, etc. And the house needed cleaning and repairs. For whatever reason, Kim seemed very jealous of Karen’s things, even of Karen’s boyfriend.

One cold, rainy night when Karen returned from an appointment, Karen was inexplicably locked out of the house with nowhere to go and nothing but the clothes on her back and the few items she took with her (her purse). There was not much explanation.

Kim tried to keep all of Karen’s possessions locked in her home, but did return most of them when the police were mentioned. However, Kim did not return everything. Soon, Kim starts flaunting Karen’s clothes (which Kim stole) on Facebook and wearing them in public—including items I myself bought for Karen.

When I (a third party) and the police (peacekeeping force) showed up, Kim defiantly said, in front of the police, that the police could not get in her home without a warrant and that Karen was not getting her things back and that she would destroy them. The police wanted to help but couldn’t so they advised Karen to pursue the matter in civil court.

Kim says this is payback for some real or imagined event that happened when they were in High School, some 28 years ago (keep in mind, Kim and Karen were friends until about nine or ten years ago).

One of these items is an irreplaceable chalk portrait of Karen at about age 15 that has stunning depth and artistic quality—it may have been about $100 originally, and means a great deal to Karen—well beyond the current cost of a chalk drawing. Art has a quality and depth that is far more valuable than its materials, especially irreplaceable items.

I find it hard to believe that the worth of this portrait is only that of a chalk portrait. Can the court compensate for the true worth of this item? Its well above $100 since it was done at a unique time and age, its artistic worth, and its irreplaceable quality.

Most items have a discernible value, but how do you estimate the value of such items?

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10 Answers

ragingloli's avatar

Bringing in an expert who tells the court how much others would pay for it today?

Yellowdog's avatar

Hmmmm…. that’s sorta the problem I’m writing about.

Aren’t some things worth MORE than their physical. accessed value?

Fr’instance—if someone kills your dog, who has been your best friend for 9 or 10 years, merely because they have a grudge against YOU, is the value just that of a dog?

Aren’t letters sent by one’s deceased husband who was on the battlefield or exotic places many years ago worth more than the paper they’re written on?

I hope that our society has evolved to where we realize that a chalk portrait made when one was fifteen,, one particular, special summer and stage in life, a portrait of rare, hauntingly beautiful artistic quality which someone has cherished for years, is worth more than an artist’s fee.

Or that an especially cruel and heartless act is worth more than the cheapest estimate on damages done.

jca's avatar

I would think that maybe then the damages are going to be what they call “punitive” which means to punish. So since the portrait can’t be valued because much of its value is sentimental, then the punitive damages might be a few thousand. Just a guess.

jca's avatar

Edit to add this is a scary story and shows you really have to be careful who you choose to live with!

ibstubro's avatar

Was the rental agreement formal or informal? i.e., was there a lease? I believe the case hinges on that.

If Karen didn’t have a formal agreement – a lease – she’s probably screwed, IMO.

I am currently going through a similar dispute. I am solidly in the right. And I am losing. Sadly, oftentimes, whoever gets there first controls the situation.

Seek's avatar

To answer the secondary question: yes, the court will give the replacement value of a dog, no matter how much you liked him.

gorillapaws's avatar

IANAL. It is my understanding that you get the appraised value of the item in the eyes of the law. The fact that she’s willfully destroying it out of malice may not sit well with a Judge who I think has the authority to add significant additional penalties (punitive and also pain/suffering). I also think there might be a case of an illegal eviction here. I know the laws are different when you’re renting a room inside someone else’s space and not a separate property, but I’m pretty sure you can’t just lock people out like that and that if you do, you can be liable for any expenses incurred with having to stay elsewhere (like the cost of a hotel room).

The real answer is to contact an actual lawyer in her area.

elbanditoroso's avatar

Forgetting about all the drama, which I don’t really care about, let’s get to the question about value.

Appraised value is essentially a look at the market, and determining what other, similar items would sell for.

Something like a chalk patron of a single individual who isn’t famous or important – no value at all. It has personal importance, but no monetary value in the sense that no one other than that one interested party would ever buy it.

So the women would be lucky if she got a quarter in compensation for the lost chalk drawing.

jca's avatar

Really we’re all speculating. You’d be best to consult an attorney in your state.

MollyMcGuire's avatar

There are guidelines but a plaintiff may demand what she wants to.

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