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Contracts Capsized by COVID-19: A Legal and Jewish Ethical Analysis
Countless contracts have been undermined by the COVID-19 pandemic of 2020 as well as government orders to contain it. Flights have been canceled, concerts have been called off, and dorms have been closed, just to name a few. Do these all count as breaches of contract—or are the parties excused due t...
Autores principales: | , |
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Formato: | Online Artículo Texto |
Lenguaje: | English |
Publicado: |
Springer Netherlands
2021
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Materias: | |
Acceso en línea: | https://www.ncbi.nlm.nih.gov/pmc/articles/PMC7930893/ https://www.ncbi.nlm.nih.gov/pubmed/33686316 http://dx.doi.org/10.1007/s10551-021-04773-9 |
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author | Rashi, Tsuriel Schwartz, Andrew A. |
author_facet | Rashi, Tsuriel Schwartz, Andrew A. |
author_sort | Rashi, Tsuriel |
collection | PubMed |
description | Countless contracts have been undermined by the COVID-19 pandemic of 2020 as well as government orders to contain it. Flights have been canceled, concerts have been called off, and dorms have been closed, just to name a few. Do these all count as breaches of contract—or are the parties excused due to the extraordinary circumstances? And how should the losses be allocated between the parties? The law provides one set of answers to these questions; ethics offers another. With a focus on American law (developed over the past two centuries) and Jewish ethics (developed over millennia), this paper shows that the two systems are in accord with some respects and differ in others: Both law and Jewish ethics would excuse a party who cannot complete his contract due to a force beyond his control, like the COVID-19 pandemic. Yet Jewish ethics would require that the excused party still be paid, while American law would not. |
format | Online Article Text |
id | pubmed-7930893 |
institution | National Center for Biotechnology Information |
language | English |
publishDate | 2021 |
publisher | Springer Netherlands |
record_format | MEDLINE/PubMed |
spelling | pubmed-79308932021-03-04 Contracts Capsized by COVID-19: A Legal and Jewish Ethical Analysis Rashi, Tsuriel Schwartz, Andrew A. J Bus Ethics Original Paper Countless contracts have been undermined by the COVID-19 pandemic of 2020 as well as government orders to contain it. Flights have been canceled, concerts have been called off, and dorms have been closed, just to name a few. Do these all count as breaches of contract—or are the parties excused due to the extraordinary circumstances? And how should the losses be allocated between the parties? The law provides one set of answers to these questions; ethics offers another. With a focus on American law (developed over the past two centuries) and Jewish ethics (developed over millennia), this paper shows that the two systems are in accord with some respects and differ in others: Both law and Jewish ethics would excuse a party who cannot complete his contract due to a force beyond his control, like the COVID-19 pandemic. Yet Jewish ethics would require that the excused party still be paid, while American law would not. Springer Netherlands 2021-03-04 2022 /pmc/articles/PMC7930893/ /pubmed/33686316 http://dx.doi.org/10.1007/s10551-021-04773-9 Text en © The Author(s), under exclusive licence to Springer Nature B.V. part of Springer Nature 2021 This article is made available via the PMC Open Access Subset for unrestricted research re-use and secondary analysis in any form or by any means with acknowledgement of the original source. These permissions are granted for the duration of the World Health Organization (WHO) declaration of COVID-19 as a global pandemic. |
spellingShingle | Original Paper Rashi, Tsuriel Schwartz, Andrew A. Contracts Capsized by COVID-19: A Legal and Jewish Ethical Analysis |
title | Contracts Capsized by COVID-19: A Legal and Jewish Ethical Analysis |
title_full | Contracts Capsized by COVID-19: A Legal and Jewish Ethical Analysis |
title_fullStr | Contracts Capsized by COVID-19: A Legal and Jewish Ethical Analysis |
title_full_unstemmed | Contracts Capsized by COVID-19: A Legal and Jewish Ethical Analysis |
title_short | Contracts Capsized by COVID-19: A Legal and Jewish Ethical Analysis |
title_sort | contracts capsized by covid-19: a legal and jewish ethical analysis |
topic | Original Paper |
url | https://www.ncbi.nlm.nih.gov/pmc/articles/PMC7930893/ https://www.ncbi.nlm.nih.gov/pubmed/33686316 http://dx.doi.org/10.1007/s10551-021-04773-9 |
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