QUESTION
Can I (photographer) be sued by a client for giving them their photos late?
Asked on Oct 06th, 2017 on Breach of Contract - Wisconsin
More details to this question:
I photographed a quinceanera (sweet 15) and had a contract made out. I stated that the photos would be given in 8 to 10 weeks. It took much longer than anticipated but we did give the client all of the photos. Actually more than promised because of the delay. Since the photos weren't given by the specified date, the client threatened to sue me for a full refund if I didn't refund her half the original cost. Can she actually sue me? Something also worth mentioning, the contract was signed only by her 15 year old daughter and I.
1 ANSWER
Anybody can sue anybody for anything, but that doesn't mean that she would win. You breached the contract, and she (on behalf of her daughter) could sue you and recover the damages she had suffered. In this situation, however, it doesn't appear that she has suffered any damages. On the other hand (a) small claims courts are not always that rigid in applying the law, and will likely sympathize with you client since you did breach; (b) it will be a hassle for you if she sues, even if you eventually win; and (c) do you need the bad publicity? I think you would probably be well served, business wise, to try to reach a settlement with her.
Answered on Oct 09th, 2017 at 7:38 AM