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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 HiddenLayer5@lemmy.ml to c/nostupidquestions@lemmy.ml

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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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[–] stoy@lemmy.zip 1 points 11 months ago

Healthcorp is still liable, you can subcontract a job, but uou can't subcontract the responsibillity.

What I mean is that Healthcorp should have procedures to test the backup, and as soon as it failed, they should inform the government.

It can also be asked, why Healthcorp only had one backup of the data, when it is best practice to have a 3-2-1 backup system, if Archivetopia offered a service as a 3-2-1 solution, why didn't Healthcorp select that? If they did why didn't they verify the claims of the service?

At the end, Healthcorp would get hit with a fine, but they in turn could sue Archivetopia for breach of contract.

[–] Ghyste@sh.itjust.works 1 points 11 months ago

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!

[–] Pons_Aelius@kbin.social 0 points 11 months ago (1 children)

Who is liable in this case?

What country did this happen in?

Without this all the answers will be useless if the person answering lives somewhere you don't.

[–] HiddenLayer5@lemmy.ml 0 points 11 months ago (1 children)

Good point. I guess the US since most people here are probably from there.

[–] Pons_Aelius@kbin.social 0 points 11 months ago (1 children)

most people here are probably from there.

I'm not...

While that may have been true of reddit, I have my doubts.

[–] HiddenLayer5@lemmy.ml 0 points 11 months ago (1 children)

Fair enough, I'm curious about if this was in your country then.

[–] Pons_Aelius@kbin.social 1 points 11 months ago

My guess would be:

Healthcorp would be in serious trouble as they are responsibly for the records.

Archivetopia would also be up for breach of contract but that would be a separate case and Healthcorp would not be able to abrogate their responsibility.