Can I sue a photographer who has not provided promised photos?

I scheduled a photoshoot with a photographer via Instagram the last week of May
2016 I model as a hobby. He said he typically charges 250, but when I said that
was too steep for me, we agreed on 150. The shoot happened on May 28, 3 p.m.
When it finished, he said he’d have edits done within the week. I checked the
following week, same response. Two more weeks pass and he says he was
traveling and I’ll get my edits ‘next week.’ This was 2 weeks ago. I paid in cash
after the shoot ended. I didn’t sign any kind of contract. I still have received no
photos. Would this be grounds to sue? 150 is a lot to part with as I only work part
time currently. I have the Instagram comments, all texts exchanged and the
appointment invite sent via email.

Asked on June 28, 2016 under Business Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You would sue for--
1) Breach of contract--an oral agreement is a contract, too, and if there was an agreement that he would provide photos in exchange for the money and he has not done so, he is in violation of his obligations.
2) Unjust enrichment--the law often does not let people keep other's money without providing a benefit or thing of value in return; he is "unjustly enriched" if he keeps your money without providing something for it.
3) Possibly fraud--if he lied about what he could or would do.


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