The Covid-19 health crisis, with its many lockdowns and restrictions, is engendering new species of contract-based litigation. These disputes have a common thread: Few drafters and signatories may have properly anticipated the impact of a global pandemic when entering into standard-form agreements or agreements with boilerplate clauses. Or even if they did, they may have lacked the bargaining power to change the language. As a result, lawsuits, including class actions, are being filed against companies issuing agreements for season passes, monthly memberships, tuition, insurance policies, and special events.
In 2021, pandemic-related disruptions and restrictions are likely to continue. Accordingly, ...