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Duties of a Mortgagee and a Receiver: Where Singapore Should and Should Not Follow English Law

Wee Meng Seng

(2008) 20 SAcLJ 559

Dissatisfaction with the lack of accountability in receivership has led the UK Government to virtually abolish the administrative receivership. This article argues that Singapore should address directly the criticisms of receivership and depart from English law where appropriate. It analyses the contents of the duties of good faith and care owed by a mortgagee and a receiver to the mortgagor. In particular, it argues that two principles may be deduced from case law and leading treatises on receivership law from which a general duty of care may be developed and proffers some suggestions on the interactions of the principles in a few typical factual scenarios.