How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Dimitry K., Esq. Your Own Question

Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Business Law
Satisfied Customers: 37928
Experience:  Run my own successful business/contract law practice.
18572087
Type Your Business Law Question Here...
Dimitry K., Esq. is online now
A new question is answered every 9 seconds

can someone really make/win a case on tortorous Interference

Resolved Question:

can someone really make/win a case on tortorous Interference if I am the developer of the site, they did not pay for my services so I disconnected the database? Although the database was on their server they tried to lock me out of it so they can run away without paying. As the developer/server admin I got notification of intrusion and noticed the client had locked me out without paying thus I disconnected the database. Can they claim and possibly win on tortorous interference ?
Submitted: 1 year ago.
Category: Business Law
Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your post. Please allow me to assist you.

To answer directly, if they can show direct harm from your behavior, in this case the disconnect of the database, they can potentially demand that you be held liable for their losses. Their refusal to pay is separate from providing services--in other words if they failed to pay, you had to give notice and seek a potential legal solution by filing for breach of contract, but you could not intentionally attempt to harm their business by terminating their services without notice.

Good luck.

Customer: replied 1 year ago.

I told them that in 24 hours if they do not pay me I will shut the site down. so they in turn went ahead to shut all my access. hmmm.....i would be paying for their losses?

Customer: replied 1 year ago.

Also what can be my defense in this case if they will really win?

Expert:  Dimitry K., Esq. replied 1 year ago.

HT,

It is possible that you would be made to pay for their losses. Their contractual obligation to them does not grant you the ability to essentially hold their site as ransom for their payment, which is what they are going to argue that you did in this situation. The best defense here would be notice, that is, that you sent them written notice to pay bills and as they refused to cover expenses, it gave you right to terminate. But even so the notice had to be in writing and it had to give reasonable time to comply (such as a week). 24 hour notice is heavily frowned upon by the courts as not being sufficient.

Good luck.

Customer: replied 1 year ago.

well they try to keep me out of my property really. My intellectual property. So to protect my intellectual property (the software) I gave them a 24 hours notice and then decided to terminate the site

Expert:  Dimitry K., Esq. replied 1 year ago.

HT,

That is not a good reason, I am sorry. Please understand that I am looking at it from a third party evaluation akin to how a typical judge would evaluate it, and while in your mind it justified turning off their site, the judge could see it as intentional and malicious sabotage of their business. Notice had to be given and payment pursued before termination is obtained, and as that really did not get your property back, it only harmed their business, I do not see a judge agree with your logic here.

Good luck.

Customer: replied 1 year ago.

So what will be a good thing to do restore their site?

Expert:  Dimitry K., Esq. replied 1 year ago.

It would be wise to restore, yes.

Good luck.

Dimitry K., Esq., Attorney
Category: Business Law
Satisfied Customers: 37928
Experience: Run my own successful business/contract law practice.
Dimitry K., Esq. and 3 other Business Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • Law Pro

    Attorney

    Satisfied Customers:

    1426
    20 years experience in business law - sole proprietor, partnership, and corporations
< Last | Next >
  • http://ww2.justanswer.com/uploads/LA/lawpro/2012-6-25_171315_PT206740s.64x64.jpg Law Pro's Avatar

    Law Pro

    Attorney

    Satisfied Customers:

    1426
    20 years experience in business law - sole proprietor, partnership, and corporations
  • http://ww2.justanswer.com/uploads/DC/DCraneEsq/2012-8-14_14436_DCrane.64x64.jpg MShore Law's Avatar

    MShore Law

    Attorney

    Satisfied Customers:

    1233
    Drafted Negotiated and/or Reviewed Thousands of Commercial Agreements
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    1162
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    1142
    Run my own successful business/contract law practice.
  • http://ww2.justanswer.com/uploads/ohioatty/2009-1-22_185545_me.jpg J.Hazelbaker's Avatar

    J.Hazelbaker

    Attorney

    Satisfied Customers:

    393
    Experienced and trained in the area of business law.
  • http://ww2.justanswer.com/uploads/scottymacesq/2009-6-10_221523_small.jpg RGMacEsq's Avatar

    RGMacEsq

    Attorney

    Satisfied Customers:

    393
    Licensed Texas General Practice Attorney
  • http://ww2.justanswer.com/uploads/BA/barristerinky/2012-6-10_22423_office.64x64.jpg Barrister's Avatar

    Barrister

    Attorney

    Satisfied Customers:

    301
    13 years practicing attorney, MBA
 
 
 

Related Business Law Questions