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Who is liable in court for this hypothetical double breach of contact? (lemmy.ml)

submitted 11 months ago* (last edited 11 months ago) by [email protected] to c/[email protected]

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Just something I'm curious about as I can totally imagine it happening in the real world.

Let's say that Healthcorp is a medical services provider of some kind, and as such are required to keep certain records for a certain amount of time. They sign a contract with Archivetopia to keep safe all the records that they absolutely have to hold onto. However, the guy that used to work at GitLab got hired for Archivetopia, and he accidentally deletes a ton of entries from their database, which included Healcorp's records, and there is no way to recover any of it. Then, Healthcorp gets subpoena'd, so they call up Archivetopia only to find out they can't produce the records they need.

Who is liable in this case?

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[–] [email protected] 8 points 11 months ago (1 children)

That may be the beginning of a chain of lawsuits starting with Healthcorp because the first breach of contract would be between them and the patient. They would then bring a lawsuit against the contractor for their failures that breached contract between companies.

This is guesswork, mind you and if someone has a sure answer I'd be interested in knowing. Great question!

[–] [email protected] 3 points 11 months ago

Thank you!