Client Responsibility For Services

Summary

In California, clients can be liable for services without written approval if an implied contract exists, they benefit knowingly, or the service is necessary. The decorators request and phone approval suggest an implied contract. Consider small claims court for expense recovery.

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when is a client responsible for services performed on their behalf which they were made aware of in advance but didn't specifically approve in writing
In California, a client may be responsible for services performed on their behalf even without written approval if:
- There is an implied contract, meaning the client accepted the service by conduct.
- The client knowingly benefited from the service.
- The service was necessary and the client had a reasonable expectation to pay.
Is there a specific situation you are dealing with regarding this?
many years earlier I had photographed a family when their children were young. Years later the father bought a new home and was using a decorator to help him furnish it. She (the decorator) contacted me asking for two test prints to be made of the sample of photos I had sent her. She specifically asked for a certain photo paper galled ilford gallery, as she had also done some photography and darkroom work in the past. Her email reads as follows "Especially Love the one of all of the kids in and around the car. And Koko with the chicken Let’s look at getting test prints of both Ilford graded matte Let me know what you need from me? I will get back to you on requested sizes… And if you could provide a quote from there. Thank you!"
It sounds like you're trying to determine whether the decorator is responsible for the cost of the test prints you made. In California, if there was an implied agreement based on her request and your fulfillment of that request, she may be responsible. Did you provide the prints and an invoice based on her request?
I then called around to get quotes for scanning the negatives and emailed her that I was going to LA to get the scans made, but needed to know the final sizes. She didn't reply so I went to the service bureau and drop the negatives off. While there, the technician suggested we call her to get the sizes and she gave them to us. I had the scans made and starting preparing the files. I emailed the designer to ask how she wanted the images cropped, and she replied that I shouldn't do more work until she ran the budget by the father (her client. I stopped work, and sent her estimates for printing on different papers, but she never responded. Two months later I contacted her again, and she didn't respond. Finally, I sent her a demand letter to pay for the scans and travel and shipping costs. She replied that she never approved any of it and considered the matter closed.
Case Rating: *
It seems like there might be an implied contract based on the decorator's request and her approval of the sizes over the phone. However, her lack of response and explicit approval for further actions complicates the matter. You might want to consider small claims court to recover your expenses. Would you like more information on how to proceed with small claims court in California?
I didn't make the test prints, but I did have the scans made.
Case Rating: *
It seems like you have a potential case for small claims court, as there might be an implied contract based on the decorator's initial request. Would you like more information on how to proceed with small claims court in California?