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Article: Mortgagees' Duty of Care in Singapore: Staying the Course

TitleMortgagees' Duty of Care in Singapore: Staying the Course
Authors
Issue Date2009
PublisherNational University of Singapore, Faculty of Law. The Journal's web site is located at http://www.law.nus.edu.sg/sjls
Citation
Singapore Journal of Legal Studies, 2009, p. 567-591 How to Cite?
AbstractWhilst mortgagees do not owe mortgagors any general duty of care, they may come under specific duties of care, such as the duty to take reasonable steps to obtain the market price when they exercise their power of sale. This is trite law in Singapore. However, it has recently been suggested that mortgagees ought to owe mortgagors a general duty of care whenever there is no conflict of interest between them. This would effectively impose upon mortgagees a duty of care in deciding whether and when to sell the mortgaged asset. This article supports the status quo on grounds of precedent, principle and policy. The case for a general duty of care is flawed. This article argues that no general duty of care ought to be imposed on mortgagees; in particular, mortgagees should owe mortgagors no duty of care in deciding whether and when to sell.
Persistent Identifierhttp://hdl.handle.net/10722/74864
ISSN
2015 SCImago Journal Rankings: 0.119
SSRN

 

DC FieldValueLanguage
dc.contributor.authorLoi, KCFen_HK
dc.date.accessioned2010-09-06T07:05:35Z-
dc.date.available2010-09-06T07:05:35Z-
dc.date.issued2009en_HK
dc.identifier.citationSingapore Journal of Legal Studies, 2009, p. 567-591en_HK
dc.identifier.issn0218-2173en_HK
dc.identifier.urihttp://hdl.handle.net/10722/74864-
dc.description.abstractWhilst mortgagees do not owe mortgagors any general duty of care, they may come under specific duties of care, such as the duty to take reasonable steps to obtain the market price when they exercise their power of sale. This is trite law in Singapore. However, it has recently been suggested that mortgagees ought to owe mortgagors a general duty of care whenever there is no conflict of interest between them. This would effectively impose upon mortgagees a duty of care in deciding whether and when to sell the mortgaged asset. This article supports the status quo on grounds of precedent, principle and policy. The case for a general duty of care is flawed. This article argues that no general duty of care ought to be imposed on mortgagees; in particular, mortgagees should owe mortgagors no duty of care in deciding whether and when to sell.-
dc.languageengen_HK
dc.publisherNational University of Singapore, Faculty of Law. The Journal's web site is located at http://www.law.nus.edu.sg/sjlsen_HK
dc.relation.ispartofSingapore Journal of Legal Studiesen_HK
dc.titleMortgagees' Duty of Care in Singapore: Staying the Courseen_HK
dc.typeArticleen_HK
dc.identifier.openurlhttp://library.hku.hk:4550/resserv?sid=HKU:IR&issn=0218-2173&volume=&spage=&epage=&date=2009&atitle=Mortgagees%27+Duty+of+Care+in+Singapore:+Staying+the+Courseen_HK
dc.identifier.emailLoi, KCF: kelryloi@hkucc.hku.hken_HK
dc.identifier.authorityLoi, KCF=rp01265en_HK
dc.identifier.hkuros162895en_HK
dc.identifier.spage567-
dc.identifier.epage591-
dc.publisher.placeSingapore-
dc.identifier.ssrn1543665-

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