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Backing Out On A Down Payment

Backing Out On A Down Payment Neil placed a $250 down payment for a photographer for his daughter’s wedding; Black Friday came around, and Neil saw an advert for an even better photographer who was marketing a $5000 reduction on his services from $7000 to $2000. Neil canceled the first photographer and booked the second one instead. The first photographer said that he can’t do that because of the down payment, it would constitute a breach of contract which totaled $2500- Neil said "I gave a down payment which you can have, but you can’t sue me for the full amount"- Can the photographer win his claim?

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(Question adapted from JLIC Canada)

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