Legal Question in Consumer Law in California

Cancellation of a contract

Hi, I singed a contract with a photographer and made a deposit of $600 to take pictures in my wedding on 3/21/04. However, on april 2, 2004, I had to cancelled due to my fiances work. She got a new job and is on probation for 6 months, with no vacation allowed within that time. I contacted the photographer about getting my deposit back. However, after making contact the first time, he is not returning phone calls. The contract states that in the event of cancellation, the deposits are not refundable unless a substitute booking is secured for the same day or days. From the day he was informed to the day of the postponed event, it would be 10 weeks. Am I entitled to a full refund. Can you advice. Thank you for taking my question.


Asked on 4/14/04, 1:21 pm

2 Answers from Attorneys
Phillip Cooke Law offices of Phillip A. cooke

Re: Cancellation of a contract

Contract rights are usually determined by the contract subject to a duty on a party to mitigate damages.

You should look at the contract to see if there are any procedures you need to follow to get your money back.

Because the amount of money involved does not warrant paying an attorney, I would suggest you send a letter confirming the date you informed him of the cancellation and request that he send your money back in full if the contract allows that or at least for the amount that included additional costs that he would have incurred if he had performed the services.

Contract damages where a party breaches a contract are usually what the party would expect to profit from the contract, which usually is not the full price. Further the party that has received notice of cancellation has a duty to try to mitigate damages by taking another booking if he could.

If you cannot resolve the matter with communications and you have requested your money back in writing you may sue in small claims court to see what a judge will award you.

Good Luck

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Answered on 4/14/04, 4:24 pm
Alvin Tenner Law Office of Alvin G. Tenner

Re: Cancellation of a contract

Cooke gave the best advice.

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Answered on 4/14/04, 4:38 pm


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