We use cookies to provide some features and experiences in QOSHE

More information  .  Close
Aa Aa Aa
- A +

How to minimize likely lawsuits from COVID-19

14 0 0
29.03.2020

By Chang Se-moon

Rightly or wrongly, numerous lawsuits will be filed in many countries affected severely by COVID-19, once the health issues from the virus are under control.

In principle, force majeure, a popular term in major commercial contracts, should keep many lawsuits from moving forward. Force majeure refers to a natural and unavoidable catastrophe that interrupts the expected course of events, or prevents a party from completing a contractual obligation. Some may call it an act of God that no ordinary person can foresee and thus is not responsible for the unintended outcome.

Reality can be complicated.

Consider a patient with flu symptoms. Medical personnel at a hospital, already overflowing with COVID-19 patients diagnose the patient as having the flu and send the patient home who later dies there. Surviving family members may file a wrongful death lawsuit against the hospital and the medical personnel who did their best under the given circumstances.

Consider exporters of a popular product under contract with buyers in other countries. Either because of a breakdown in the supply chain or because of a hectic schedule ― all caused by COVID-19 ― products were not shipped on time. Potential buyers may claim that the delay led to a........

© The Korea Times