Jurist Prudence

[Mike McCarty]

I was recently called out of town to take photos for a commission. I was particularly nervous about this because I didn

[Steven Sweeney]

You do in fact have a contract. The question is, what are its terms, and is it enforceable? One of the benefits of an express, written contract is, of course, that you predetermine, by agreement (

[Mike McCarty]

I was expecting at least one of you legal beagles to show up pronto.

I don't operate from any particular depth of knowledge, just a wealth of cynicism and skepticism.

And again, I'm not advocating going without a contract. I'm just creating banter, and waiting for Christmas.

I'm always asking myself, what's the worst that can happen? If you assume the case where there is gross dissatisfaction on the clients part, and I am in a position to repay all deposits, who then would be harmed? Could there be punitive or emotional damages levied against me based on failure to perform to expectations?

In the case where I am the aggrieved party, where I am unable to collect on a final payment (if it's pay as you go installments then you would quit at the failure of any installment) then I am out one third the value. Assuming I could not find the client and take them to court and spend more than the third chasing the mouse around the room.

I used to build large custom houses. From the time I woke in the morning, until the time I woke the next morning, I felt like I was walking around with a gun to my head. There were real dire consequences to all my actions throughout the day. For me, doing portraits for money is like eating ice cream with sprinkles on top. No guns, no bullets.

[Michele Rushworth]

For me, doing portraits for money is like eating ice cream with sprinkles on top.

Ain't it the truth!

[Steven Sweeney]

I'm always asking myself, what's the worst that can happen?

Actually, that's about 90% of legal beagleship (note: that is a "p") -- making that prediction before the fact, and then making provisions for it. (I would say "provisions therefor," but I think that's now illegal.)