The Potential of the COVID-19 Crisis to Cause Legal Disruption to Contracts and Contract Law

Ewoud Hondius, Marta Santos Silva, Andrea Nicolussi, Pablo Salvador Coderch, Christiane Wendehorst, and Fryderyk Zoll (eds.), "Coronavirus and the Law in Europe" (online, Forthcoming)

21 Pages Posted: 7 Jul 2020 Last revised: 22 Aug 2020

Date Written: June 11, 2020

Abstract

This paper explores whether the COVID-19 crisis has the potential to cause legal disruption to the legal regime for contracts. It first sketches features of the COVID-19 crisis and its effect on the economic and social context of contracts, before setting out a four-step methodology to categorise legal responses to the crisis. It then develops a specific conception of legal disruption, based on Christensen’s theory of disruptive technology, which posits that legal disruption occurs once the pre-crisis legal regime for contracts (whether entirely or partially) is displaced by new provisions first targeted at the effects of the crisis. It concludes that the crisis has the potential to cause legal disruption but that this outcome is not inevitable.

Keywords: contracts, Legal disruption, crisis, legal response

JEL Classification: K10, K12, K20, K30

Suggested Citation

Twigg-Flesner, Christian, The Potential of the COVID-19 Crisis to Cause Legal Disruption to Contracts and Contract Law (June 11, 2020). Ewoud Hondius, Marta Santos Silva, Andrea Nicolussi, Pablo Salvador Coderch, Christiane Wendehorst, and Fryderyk Zoll (eds.), "Coronavirus and the Law in Europe" (online, Forthcoming), Available at SSRN: https://ssrn.com/abstract=3625004 or http://dx.doi.org/10.2139/ssrn.3625004

Christian Twigg-Flesner (Contact Author)

University of Warwick - School of Law ( email )

Gibbet Hill Road
Coventry CV4 7AL, CV4 7AL
United Kingdom

HOME PAGE: http://warwick.ac.uk/fac/soc/law/people/c_twigg-flesner

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