Written by attorneys · grounded in primary & secondary sources — see below
A monetary measure representing the complete worth of property or a chattel. It equals the price a willing buyer would pay a willing seller in an arm's length transaction.
Sources & Authorities· 2 primary sources
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Statutes
Uniform Acts
Restatements
Dictionaries
How it applies
Common Examples
6
Homestead Allowance Offset
After Harold's death, his surviving spouse Kevin already held a constitutional life estate in the family residence. The probate court valued that life estate at $40,000 and reduced Kevin's statutory homestead allowance by that amount because the residence would have entered the estate but for the constitutional protection.
Chattel Conversion Liability
Floyd Franklin intentionally took Francesca Fowler's antique watch and refused to return it for six months. Because the prolonged dominion seriously interfered with Fowler's control, the court required Franklin to pay the full value of the watch rather than merely damages for its temporary loss.
Fabian Flynn borrowed Fernando Farrell's specialized camera for a one-day shoot but kept and used it for three weeks while asserting ownership. The court weighed the duration of control and Flynn's inconsistent intent and ordered payment of the camera's full value.
Attorney Fee Market Rate
Faith Fitzgerald prevailed in a civil rights suit after her lawyers spent 200 hours on the matter. The court awarded fees calculated at the full market rate those lawyers would have received from paying clients in non-civil-rights cases.
Hensley v. Eckerhart461 U.S. 424, 433 (1983)
Development Value Claim
Fiona Foster sought to build a larger beach house but the commission conditioned the permit on a public access easement. Foster argued the condition deprived her of the full value of the intensified development she had proposed.
Nollan v. California Coastal Commission483 U.S. 825, 834 (1987)
Server Trespass Remedy
Frostline Textiles sent thousands of unsolicited emails that overloaded Falcon Dynamics' mail servers. The court treated the interference as conversion-level harm and measured damages by the full value of the servers' diminished capacity during the spam campaign.
CompuServe v. Cyber Promotions, Inc.962 F. Supp. 1015, 1022 (S.D. Ohio 1997)
Common questions
Frequently Asked
3
How does full value differ from fair market value?+
Full value is synonymous with fair market value. Both refer to the price reached between a willing buyer and willing seller in an arm's length transaction.
When is a surviving spouse's constitutional homestead value charged against the statutory allowance?+
The value is charged to the extent the family home is or would have been part of the decedent's estate but for the constitutional homestead provision.
What triggers the obligation to pay full value rather than lesser damages in a conversion claim?+
An intentional exercise of dominion or control that so seriously interferes with the owner's rights that the actor may justly be required to pay the full value of the chattel.
483 U.S. 825, 834 (1987)Property
…access. Ultimately, appellants' claim of economic injury is flawed because it rests on the assumption of entitlement to the full value of their new development. Appellants submitted a proposal for more intensive development of the coast, which the Commission was under no obligation to approve, and now argue that a…