Legal Question in Business Law in Texas

Domain regerstration/activation and loss of potential income.

On 12/09/2005 I registered a domain name with a established domain registar. The process was to have take from 24/72 hours to complete. It is now starting the 3rd week and I still do not have an active domain. My express intent for registering this domain was to start an autosurf business as well as continue with the website I currently have sitting on a server. My current website was generating a minimal income, but it was income none the less. I am still paying server fees and loosing income everyday. The only response from the company has been, ''we are sorry for the inconvience but there is a problem with our data base that a developer has to correct''. The autosurf business has the potential of some very nice returns and a substaintial amount of cash flow. Due to ICANN rules and regs (domain lock)I can't transfer this registration to another registar for 60 days. Do I have any recourse against the company I am registered with now?


Asked on 12/26/05, 1:15 pm

1 Answer from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: Domain regerstration/activation and loss of potential income.

Your recourse is limited to the fee you paid the Registrar for registering your domain name. An action for breach of contract precludes consequential damages unless the party breaching knew that the breach would cause consequential damages. The case of Hadley v. Baxendale, an old English case on that point, is still good law.

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Answered on 12/26/05, 1:57 pm


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