Photographer vanished

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I hired photographers for my wedding, paid them in advance, and they promised to deliver the photos within two weeks. It’s been three months, and they have vanished with no photos or refund. I have taken all measures and gave up. My wife has experienced emotional distress as she was looking forward to sharing these photos with her family and friends who could not attend the wedding. What can I do? Please guide me.
LS, Dodoma

We regret that the memories of your wedding have vanished along with the photographer. Under contract law, this constitutes a clear case of breach of contract since the photographers failed to fulfil their obligations after receiving payment. Section 73 of the Law of Contract Act Ca. 345 [R. E 2019] provides that where a contract has been broken, the party who suffers such a breach is entitled to receive, from the party who has broken the contract, compensation for any loss or damage caused to him thereby, which naturally arose in the usual course of things from such breach, or which the parties knew, when they made the contract, to be likely to result from the breach of it. Further, the compensation is not to be given for any remote and indirect loss or damage sustained by reason of the breach.

In estimating the loss or damage arising from a breach of contract, the Court will take into account the means which existed of remedying the inconvenience caused by the non-performance of the contract.

You may file a formal demand notice for delivery of photos if you have not done so already. In case of further default, then proceed to Court to seek either a refund or specific performance (delivery of the photos, if they exist). As for the claims on damages for the emotional distress caused by their failure to deliver on such an important occasion, damages for breach of contract are generally limited to actual financial losses suffered by the injured party. However, section 73 of the Act allows for compensation beyond direct monetary loss if the damages were a natural consequence of the breach. For future events, consider drafting a written agreement with clear deadlines and penalties for non-performance. Consult your lawyer for further guidance.