回复：回复：Photographer lost all my wedding photos

henxiaoloulou · 2012-06-29 00:13:26Z

回复：回复：Photographer lost all my wedding photos简介

来源: henxiaoloulou 于 2012-06-29 00:13:26 [档案] [旧帖] [给我悄悄话] 本文已被阅读：次 (2202 bytes)

回答: 回复：Photographer lost all my wedding photos 由 littlelamb123 于 2012-06-28 21:24:56

For you, the photos must be much more valuable than the money related to them. So, perhaps it's not a good idea to ask both photos and money at the same tim as the first step (you did so). Nicely talking with other side to get him/her to do the best to recover the photos possibly is better choice. The legal steps should be started after your nice talking will have failed. (Just my two cents for your reference)

Some thoughts/information on the legal issues of your case:

(1) Whether did the photographer make a "material" breach of the contract? (Yes---you can get refund, No---possibly you can get little refund)

Simple explanation of "material" breach of the contract is a breach which renders the agreement "irreparably broken".

Many factors influence such "material", for examples, good or bad faith of breaching party. The breaching party refused to follow directions; that is material breach. However,a breach that results from simple carelessness ("negligence") or circumstances beyond the party's control is less likely to be considered a material breach of contract. In addition, in your contract, the Force Majeure items were listed. So, both sides have argument points.

This link will be helpful: http://www.nolo.com/legal-encyclopedia/breach-of-contract-material-breach-32655.html

(2) Whether do you need a lawyer?

In District of Columbia, regardless of the small claim court (the limit is $5000) or regular court, an attorney is allowed. Even if in small claim court, "Corporations are required to have an attorney" (http://www.nolo.com/legal-encyclopedia/district-of-columbia-small-claims-court-31802.html). If the photographer is a corporation, anyhow you will face an attorney, do you have confidence to defeat the lawyer by yourself for this case?

(3) To get the hard drive through court

You hope to get hard drive to make efforts to recover by yourself, but the other side has no response. Is it possible for you to go to court to get a praecipe which requires the defendant to give you the hard drive? I have no any idea. Possibly other posters will reach this point.