In 2018 I was asked to take photos at a ...

Asked by GarthSeptember on 11-03-2020 13:42:39
Question posted in the General Law category relating to Western Cape
Question value: R 200.00

In 2018 I was asked to take photos at a matric ball. I gave the family a price and they said they would get back to me. A few weeks later they said they would be using my services but I had already confirmed a booking and said I would ask another photographer if they could assist and the photographer agreed. I gave the assisting photographer the money for the shoot and the photos were handed to me and I stored them on my laptop as well as a memory card. The family then requested a photobook to be printed and they gave me half of the money and said they would give the remaining balance at a later stage and once they make final payment I would order the book. Months went past and they never came back to me. I messaged them requesting that they collect the photos because I need the space on my laptop and they said they would collect it. A few more months went past and still no word from them at which point I deleted the photos off my laptop but I still had copies on my memory stick. Later on in 2019 they they messaged me asking to copy the photos and I agreed but forgetting that I had completely wiped my memory card as well and I informed them of the situation. After this they started threatening me, but I remained professional and said I have a few of the images that I can send to them but they were not satisfied and demanded that I pay for a reshoot including the car hire, the dress, the decor etc. But I refused and said I would refund them for the loss but that's it and even offered to take the photos again if they use the refund to get a dress for their daughters matric ball. Months again went past and they contacted me today saying they will take the refund because they found someone that will retake the photos for them. I only have the recorded conversations of when they requested that I copy the photos over but nothing prior unfortunately and no signed agreements (an error on my side). So my question is what is my legal stand on the matter and can I have them sign an agreement on the refund?

Ask your OWN Legal Question!

Answer to the Question

Posted by Att. Patrick on 18-03-2020 08:03:58

Hi there,

I see that you haven't made a payment for the question, but I'm going to assist you a little. If you want to ask a follow-up question, please make the required payment.

It seems to me as if you did perform in terms of your contract, but they refused to collect the work. 

Now it will come down to a damages claim (them against you) for failing to keep the photos safe, ready for them to collect. 

I think that they might be successful in the claim, and you could be ordered by court to return the money. 

So yes, I think that they would be entitled to a full refund of what they initially paid. 

Att. Patrick

Please remember this is a dialog if you have follow-up questions please make the required payment, then use the REPLY button and ask your further question. I would like to continue assisting you, but I need to concentrate on people who make payments for their questions.

If you would like to view the entire answer, you will need to either login or register a FREE account.

Disclaimer

DISCLAIMER: Advice or answers from Lawyers on SA Legal Advice are not substitutes for the proper advice of an Lawyer. SA Legal Advice is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Lawyer who assists with your question is not your Lawyer, and the response above is not to be considered to be legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains. The responses above are from individual Lawyers, not SA Legal Advice. The site and services are provided “as is”. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.