Legal Question in Consumer Law in North Carolina

I'm hoping to find out if this is worth filing small claims. I contracted with a photographer to take 6 month photos of my little girl. 3 months later, I still have not received them, but she's promised to meet me and deliver them today. Of course, I can no longer use them, as they're 3 months late and she's a whole different kid at this point. I'd like to get my money back ($200) on principle, but I don't know if because I'm actually getting the photos (although 3 months late), that constitutes a completed contract. Thoughts?


Asked on 10/11/12, 5:56 am

1 Answer from Attorneys
Lynn Coleman Attorney-Mediator

You do not mention if there was any promise to get you the photos by a specific date as part of your contract. If there was no specific date promised, there has been no breach of contract yet. Assuming you receive the photos, I don't think you have a case. You can still use the photos. They preserve the way your daughter looked at that age, which means you will have received the product that you purchased. If it takes a few weeks longer, you could say that the contract was not performed within the time period contemplated and file a claim to compel production of the photos or a refund.

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Answered on 10/11/12, 6:34 am


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