Legal Question in Business Law in Illinois

Through Craigslist, T said she wanted a headshot edited. I offered my services. After I had edited the photo, T asked for a before & after shot to see if my editing has been acceptable. I sent it to her, and she said she loved it. She asked for me to come meet her in person to discuss "contracts and payment plans" and gave me her number. I said she lived too far away for me to do that, and she responded back saying she was going to get new photos taken and didn't want my services. I called her, and she changed her mind. We agreed I�d edit 2 photos and agreed on a price. T said she'd send me the photos to edit. After a week, T still hadn't sent them. I emailed her, and T said she'd changed her mind and was going to get news photos taken and didn't need my services. So after I edited a photo (and sent T a before & after) and we agreed for me to edit 2 more photos, she walks out on the deal and walks away with a free before & after. Do I have a breach of contract case?


Asked on 6/07/10, 6:16 pm

2 Answers from Attorneys
Kevin B. Murphy Franchise Foundations, APC

Any attorney will ask you to detail the oral contract. When you did the initial before and after, she will say that was just preliminary negotiations and nothing was agreed on at that point. When you agreed on editing 2 photos and the price, she will argue a contract could only be formed when she sent you the photos, which she didn't. Hint: next time, get everything in writing and a deposit before you do any work. Consult with an attorney in your area for specifics.

Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise

Franchise Attorney

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Answered on 6/08/10, 6:13 am
Namit Bammi Schwartz + Sciara, P.C.

My firm handles these types of matters in the Chicagoland area and you may have an action for unjust enrichment since it appears you did provide her with your work product and she did not compensate you at all. Being an oral contract makes the matter slightly more difficult, however, if you are interested in discussing further, please feel free to contact me.

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Answered on 6/08/10, 7:29 am


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