ABSTRACT

Health Crises and the Limited Role of Contract Law   [open pdf - 0B]

From the Introduction: "The COVID-19 [coronavirus disease 2019] pandemic has focused our attention on contract law's response when unanticipated circumstances make performance impractical or frustrated, or performance would harm the public. The pandemic disrupted contracts between landlord and tenant, employer and employee, universities and students, to name a few, but has contract law provided a clear path to determine who must bear the risk of loss of such events? The purpose of this article is to suggest that current contract law's many and varied, sometimes even contradictory, rules and principles relevant to shaping a response to a health crisis can offer only limited guidance to courts and lawyers in challenging cases."

Author:
Publisher:
Date:
2022
Series:
Copyright:
2022 Robert A. Hillman
Retrieved From:
Duke Law Scholarship Repository: https://scholarship.law.duke.edu/
Media Type:
application/pdf
Source:
Law and Contemporary Problems (2022), v.85:19 no.2, p.19-31
URL:
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