Looking beyond the existing property rights in tort law
by Sandy Sabapathy
International Journal of Private Law (IJPL), Vol. 5, No. 3, 2012

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.

Online publication date: Sat, 20-Sep-2014

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