Please use this identifier to cite or link to this item: http://hdl.handle.net/10397/24365
Title: Looking beyond the existing property rights in tort law
Authors: Sabapathy, S
Keywords: Possession
Property rights
Pure economic loss
Structural defects
Tort
Issue Date: 2012
Source: International journal of private law, 2012, v. 5, no. 3, p. 262-275 How to cite?
Journal: International Journal of Private Law 
Abstract: Tort law in the UK recognises the right to exclusive possession of land and the right to quiet enjoyment and possession of property but not the right to possession of property free from structural defects. In the UK, the expenses incurred by a subsequent purchaser of a defective dwelling house to rectify the structural defects therein is termed as pure economic loss and is not recoverable in tort law. This paper will articulate that the non-recognition of the right to possession of property free from structural defects will leave a legitimate claimant without a remedy in both contract and tort law and will also contravene the European Convention of Human Rights. The paper will also demonstrate that the recognition of this right will bring positive changes to tort recovery of pure economic loss which is currently unfair and unsatisfactory.
URI: http://hdl.handle.net/10397/24365
ISSN: 1753-6235
DOI: 10.1504/IJPL.2012.047317
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