Publication Type
Journal Article
Version
publishedVersion
Publication Date
10-2022
Abstract
Described as the crisis of our generation, the coronavirus pandemic has had a profound effect on consumption behaviour, in turn devastating businesses globally. Marking a departure from the sanctity of contract and causing perceived incursions to accrued legal rights, the Coronavirus Act 2020 and related legislation provide business tenancies protection, among others, against forfeiture for non-payment of rent. While this regulation of commercial tenancies appears to be justified on the basis of pragmatic utility, I suggest that Honoré’s incident of ownership prohibiting harmful use also allows for these emergency laws to be vindicated from a property perspective. This provides an overarching ethical basis to provide guidance when property rights can be statutorily affected.
Keywords
Law and Regulation, Property theory, Covid-19
Discipline
Property Law and Real Estate | Public Health
Research Areas
Private Law
Publication
Statute Law Review
Volume
43
Issue
3
First Page
284
Last Page
303
ISSN
0144-3593
Identifier
10.1093/slr/hmab018
Publisher
Oxford University Press
Citation
TI, Seng Wei, Edward.
Of landlords and tenants: Property in the midst of a pandemic. (2022). Statute Law Review. 43, (3), 284-303.
Available at: https://ink.library.smu.edu.sg/sol_research/3441
Copyright Owner and License
Authors
Creative Commons License
This work is licensed under a Creative Commons Attribution-NonCommercial-No Derivative Works 4.0 International License.
Additional URL
https://doi.org/10.1093/slr/hmab018