TO SUE OR NOT TO SUE?

They don’t need it to be written down in order to prove that they are already in a contract. Already he can be sued on two grounds.

 

Earlier today, I had a discussion with some friends of mine. We were having some drinks when we heard this lady threatening to sue this photographer. She was mad and furious and raising her voice and the photographer did the same as well. Eventually, she left. And honestly, I wondered whether she was actually going to do it but then, one of my friends said

“she can’t, she does have the right.”

Another said

“they no born am well. Because she no no wetin she go use money do”

And the others laughed hysterically.

But then, I just listen to them, I didn’t say anything simply because they were all wrong.

In as much as there yes the lady went to meet up with the photographer, as long as she is a very unsatisfied customer, she has the right to sue for damages. You see, there is something called offer and acceptance in law between the two parties.

The offered his services and the lady accepted. The action performed here is an oral contract. A

They don’t need it to be written down in order to prove that they are already in a contract. Already he can be sued on two grounds.

  1. Breach of contract.
  2. Breach of the non-disclosure agreement.

A contract is a formal agreement binding two parties. And when there is a breach on this contract, the affected party has every right to sue.

It does not matter whether the party who committed the harm is an independent contractor ( he does not work under you) as long as he has breached that contract he has become liable.

In order for the other party to plead special damages before the court. The affected party has to prove that the other party caused more than just financial damages but psychological damages.

Have you ever walked into a photography studio and see your picture standing there without you giving permission to them to use it? Well, you can sue for that as well.

Even though you went to a photographer’s studio to take a picture, you pay for the picture and leave, the photographer has no right to publicly display your picture out there as an advertisement exposure without your consent even though he took the picture.

It might seem like an exaggerated scenario, gong to court, claiming damages all in the name of a picture but it changes the fact that it is possible. Nobody is expected to be above the law.

 

Thank you for reading.

Please drop your comment below to let us know what you think.

Leave a Comment

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Call Now Button