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: 41221
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

This answer was rated:

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 ?

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 4 years 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 4 years ago.

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

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 4 years 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

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 4 years ago.

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

It would be wise to restore, yes.

Good luck.

Dimitry K., Esq. and other Business Law Specialists are ready to help you