Publication Type

Book Chapter

Version

publishedVersion

Publication Date

9-2020

Abstract

As at this writing, COVID-19 continues to spread around the world. Most disease transmissions, one hopes, are unintentional. But could one nonetheless be liable for unintentionally, yet carelessly, transmitting the disease? If so, when would liability arise, and how wide may its scope be? If X transmits the disease to Y who in turn transmits it to Z, can Z claim against X? If not, why should liability escape one who carelessly spreads a deadly and highly contagious virus when courts have historically found liability for more innocuous harms?154 This short essay discusses how private liability might complement public regulation in the battle against COVID-19. It first examines the case for establishing private liability for public health. It then explores causes of action that victims may bring against disease transmitters and discusses legal issues arising from such claims. The essay shall draw primarily from Singapore and English tort law,155 and focus most on COVID-19, though certain parts of the analysis may generalize to other Commonwealth jurisdictions as well as other communicable diseases.

Keywords

Courts, Singapore, COVID-19, pandemic, public health

Discipline

Asian Studies | Courts | Public Health

Research Areas

Asian and Comparative Legal Systems

Publication

Law and COVID-19

Editor

Aurelio Gurrea-Martinez, Mark Findlay and Goh Yihan

First Page

57

Last Page

68

ISBN

9781467396172

Publisher

School of Law, Singapore Management University

City or Country

Singapore

Embargo Period

4-19-2021

Copyright Owner and License

Authors

Additional URL

https://doi.org/10.2139/ssrn.3686357

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