QUESTION

Can my wife and her friend sue a crooked photographer if they had no contract?

Asked on Apr 11th, 2013 on Contracts - Virginia
More details to this question:
My wife is a makeup artist, her friend a designer. They were approached by a photographer to do makeup and some clothing for a up and coming model. Well the photographer said that they would be his team after the shoot and he would send them the finished high res pics and the custom clothing that my wife's friend did, he would give her shared profit of future sales, creative credit and finished edited images at least. Well the photographer turned out to be a sheisty guy and is claiming everything his own, plans to use the designs to distribute to a major retailer and refuses to acknowledge my wife and her friend or even provide finished pictures. I know there wasn't any legal documents signed mutually but is there anything that they can do? The designer may have taken pics as she was making the outfits and I can retrieve the image data if that would have any merit. Please help to good women who are being taking advantage of.
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1 ANSWER

Appellate Practice Attorney serving New York, NY
You say that there was no contract, but from the facts you provided it seems as if there was.  Although some types of contracts need to be in writing to be enforceable (and even then there are some fact patterns which may give rise to exceptions), most do not.  The main types of contracts which have to be in writing in most jurisdictions are those for the sale of real estate, those for the sale of goods over $500, and those which cannot be completely performed within one year.  It does not appear that the agreement you allege, which seems to be an agreement for your wife and her friend to perform services for the photographer in exchange for future royalties, fits into any of these categories and therefore, although Virginia law may require other types of contracts to be in writing of which I am not aware, it is probably enforceable even though oral.  Your wife and her friend can sue the photographer for breach of contract.  Of course, it would be easier for your wife and her friend to prove their case if they had something in writing.  Also, although you say that the photographer agreed to make your wife and her friend "his team", you don't say that he agreed to keep them as "his team" for any specific period of time; he could have fired them the next day.  Remember, an agreement to keep someone employed for more than a year would most likely have to be in writing to be enforceable.  Also, since there is no sales history, your wife and her friend will have a very difficult time proving the amount of damages they sustained from the breach, and may not recover anything for their lost profits claim.
Answered on Apr 11th, 2013 at 12:00 PM

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