QUESTION

can i sue if we didn't have a signed contract?

Asked on Feb 03rd, 2014 on Contracts - Colorado
More details to this question:
i am a photographer. a model i had shot with on a previous occasion asked if i could advance her pay for a future shoot so she could get a plane ticket to come to my city. i agreed sent her 300 dollars and she refuses to do the promised shoot. our agreement was over facebook/texting no signed contract. can i sue for the 300 and for money lost by not being able to sell the images we were going to shoot?
Report Abuse

1 ANSWER

Appellate Practice Attorney serving New York, NY
Yes.  First of all, although there was no handwritten signature, an email address or something similar on a writing will often be considered the equivalent of a signature.  Also, most contracts do not have to be in writing to be enforceable.  I see  nothing on the face of your agreement which would bar an enforceable oral agreement. You may have problems proving that you would have been able to sell the pictures for a definite amount of money, unless you already had a contract in place to do so. Also you have a duty to mitigate your damages.  You will have to show why you didn't mitigate by just hiring another model and do the shoot.  You could have limited your damages to just the $300  you advanced the model, plus anything extra you had to pay a replacement model.
Answered on Feb 03rd, 2014 at 3:11 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters