Deal went sour, What rights does he have?

snyx · Dec 12, 2001

Okay here is the situation.

I was hired to create a web site for a small busniess, I didn't have time so i did the wrong thing and copied another sites, and sold it to him. Simple $100 stuff. So nothing too big, now there was never a contract, and the $100 was paid in cash. Now The ripp has been found, and he was had to shutdown his site temporarally, and he is wanting to sue me for the $100 plus $400 in lost server fees. Now does he have full right to do so, or what? I mean I told him I would refund the $100 but not the $400 in lost server fees. Can he sue?

Thanks!
Myles.

Michael Wechsler · Dec 15, 2001

Ouch... technically, you could be held responsible for the foreseeable consequences of your actions. Even if you had a written contract you would probably be responsible due to a typical warranty that is contained in any good agreement that says that you warrant (guarantee) that you have all the rights you need to give someone else either ownership or a license to use what you have created for them. If you breach the warranty, you would be responsible for indemnifying (reimbursing) them for damages that result. Even if there is a "no consequential damages" clause, those usually do not cover acts that go beyond negligence such as a willful breach of the contract!

This is a tough one and sorry to hear. But that's the risk one takes and this time your number came up as the lucky winner. Wish I could have been the bringer of better news...

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Deal went sour, What rights does he have?

snyx Law Topic Starter New Member

Michael Wechsler Administrator Staff Member

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