Tweet Follow @LawBlogger1   

Advertisments:


Sponsor Links:

Bar Exam Flashcards
Discount Legal Forms
Discounted Legal Texts

Please help with a law case study?

  
Tweet

Please help with a law case study?

Postby juanito » Thu Mar 01, 2012 5:49 am

Please help with this! I'm not sure if my thoughts are correct.

A couple booked Sooter Studios to photograph their wedding. $399 package included 102 photos taken at two diff. locations, albums, and thank-you cards. The couple paid $280 for deposit and balance was to be paid on completion.

On the day of the wedding, the photographer arrived late, and only after the groom telephoned him. He was inappropriately dressed, took photos at one location only, and was indifferent about composition of the picutres. In fact, the bride's brother-in-law suggested many of the poses. When Wilsons finally received their photos, of the 47, instead of 102 originally promised, only 10 were clear pictures. The others were double exposed over shots of another wedding.

The plaintiffs brought a court action for breach of contract, mental distress and cost of re-assembling the wedding and posing for new photos. Since some guests came from Brazil, Australia, Toronto, it was estimated to be $7000 for airfare and accomodation. However, the trial judge disagreed and awarded the plaintiffs $1000 plus deposit. The wilsons appealed, and lost.

1. did the action involve complete breach, breach of condition or breach of warranty.

I think its a breach of condition, since the photographer did take some pictures, and he did not entirely breach the contract. The Wilsons received 10 good photos. It was substantial performance

2. why did the wilsons sought the remedy they did? do you agree?

they need to repay the guests for having a bad time at the wedding, and since a wedding is a major event in someone's life, they wanted compensation for the photographer ruining such an important event. as well, they never did get the quality photos they deposited for.

3. why did trial judge award only $1000?

the photographer did not assume that guests came from out of town and would have to compensate for them in case of breach. as well, one cannot value awards for the costs of reconstituting a wedding.

4. do you agree with decision?

no, because a wedding is too big of an event in someone's life, and it should not be ruined by a photographer who lacked professionalism.
juanito
 
Posts: 0
Joined: Fri Apr 01, 2011 4:40 pm
Top

Return to Corporate Law

 


  • Related topics
    Replies
    Views
    Last post

Who is online

Users browsing this forum: No registered users and 0 guests