Legal Question in Business Law in California

Graphic Designer Rips me off

Graphic designer is invited to our office after she submitted a bid for $2000 to design our brochure. We wanted to see her previous work and interview her. She does not bring her previous work. Instead, she brings in two comps she has done for us. No contracts were signed. No signoffs were done. We were surprised by her ''jumping the gun'' but since she made these comps for us to see, we asked how much would something like this cost to print? She obtained printing costs. Then sent us another bid adding additional costs on top of the $2000 to it. We told her to stop any and all efforts towards the design. She then proceeded to send us an invoice for $3000+. She threatened to take us to small claims court. My question is FOR WHAT? On what grounds?

Asked on 1/08/02, 2:27 am

4 Answers from Attorneys

Ken Koenen Koenen & Tokunaga, P.C.

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Re: Graphic Designer Rips me off

While an oral agreement is valid, she will need to prove that you agreed to have her prepare the material. She will have a difficult time doing that, but that does not prevent her from trying.

Answered on 1/08/02, 12:44 pm

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Bryan Whipple Bryan R. R. Whipple, Attorney at Law

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Re: Graphic Designer Rips me off

The suit -- if indeed one is ever filed -- could be for breach of an oral contract, or for 'unjust enrichment' on an implied contract.

Oral contracts are enforceable, but as with any contract-based action the complaining party has the burden of proving by a preponderance of the evidence that a contract existed, what its terms were, and that it was breached.

'Unjust enrichment' is a principle that requires restitution of unjustly-received and -retained benefits. No contract is required, but the designer would have to show that you were using or otherwise benefitting from the work she did for you.

Answered on 1/08/02, 4:16 pm

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Sheldon G. Bardach Law Offices of Sheldon G. Bardach

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Re: Graphic Designer Rips me off

Yours is a good question. You entered into no agreement for her to work, only to give you something upon which you could decide whether to hire her. You owe her nothing, unless you led her to believe that you had accepted her design, asked her to price it out, and when she did, you would either pay or play, that is go forward or pay her. You give no indication of having done that.

Answered on 1/08/02, 11:14 pm

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