Legal Question in Civil Litigation in New Jersey
Wedding Video Contract
I hired a videographer to video tape my wedding in Nov 1998. We were doing other business together so he was considered a friend. There was no contract just a verbal agreement and I paid by check. He video taped the wedding. I provided him with approx 30 photos, in Nov 1999, so he could complete the tape. After 10 months, he said the proof is complete and I should come by and pick it up. Upon our arrival, he explained there was a problem and we should call the next day. We called and no one answered or returned our call. This was July 2000. Since that day, I have not had a return call at all. I have called him 30-50 times, emailed him, and sent a certified letter (which was not accepted). He has not replied to me in any form.
I have the cancelled check, a log of every call, and a copy of every letter. All I want is my photos and my video, but if the video is lost (which I fear), what would the best course of action be?
1 Answer from Attorneys
Re: Wedding Video Contract
This is a very difficult situation from the standpoint of the determination of damages. It appears that the guy breached the contract. However, what is the value of the breach? Simply getting your money back does not make you whole because now you have no video of your wedding. If you gave him pictures to include in your wedding video, you can probably get them reproduced (if you still have the negatives) and charge him for that cost. And you can probably get a judgment against him for what you paid him, but again, collection may be difficult. If you give this some careful consideration with an attorney, you may come up with a list of damages which can be part of your law suit. Keep in mind that this advice is based purely on the little bit of information that you have given to me. There may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. Since you have not retained an attorney in this case, before you take any further action, you should contact an attorney (either me or someone else) to discuss your matter in more detail. Only then will you be able to rely on the advice. I will be happy to assist you. However, you need to call me at 856-546-8010. If you mention LawGuru, there will be no charge for your first consultation. Good luck! Rob Gleaner