Chapter 6 Self-test questions

Interests in the Family Home

Quiz Content

not completed
. A 'purchase money' resulting trust arises where one party makes a contribution to the purchase price of property but the contributor's name is not on the legal title. True or false?

not completed
. Which of the following is not recognized as an effective contribution for the purposes of implication of a resulting trust? Select one of the following.

not completed
. Which one of the following statements is incorrect as regards a joint tenancy?

not completed
. The presumption of 'purchase money' resulting trust is rebuttable and, one way it can be rebutted is by demonstrating that the presumption of advancement operates. According to the traditional understanding of the presumption of advancement, in which one of the following contexts does it not operate?

not completed
. What is the significance of the recent Privy Council decision of Marr v Collie (2017)? Select one of the following.

not completed
. When considering a common intention constructive trust analysis, it is important to split our discussion into the acquisition stage and the quantification stage. True or false?

not completed
. When considering a common intention constructive trust analysis, it is also important to distinguish between joint and sole name cases. True or false?

not completed
. Why is Stack v Dowden (2007) a significant decision for the law of constructive trusts? Select one of the following.

not completed
. In sole name cases, in the domestic context, how is an interest established at the acquisition stage? Select one of the following.

not completed
. What is the role of the court at the quantification stage? Select one of the following.

not completed
. In joint name cases, the starting point is 50-50 split in equity but this presumption be rebutted. Which one of the following is not a basis on which the 50-50 split can be rebutted?

not completed
. As regards imputation of the parties' common intentions and when it is possible, which one of the following statements represents the current law?

not completed
. As regards the differences between joint and sole name cases, which one of the following statements is incorrect?

not completed
. What is the leading authority on establishing an interest in sole name cases? Select one of the following.

not completed
. According to Lord Bridge in Rosset (1989) there are two ways of establishing an interest in sole name cases. True or false?

not completed
. As regards establishing an interest in sole name cases, which one of the following statements best describes the applicable principles?

not completed
. The so-called 'excuses' cases have attracted most attention on establishing an interest through the express bargain or 'Rosset 1' route but which one of the following is not a case in which an 'excuse' was explored?

not completed
. There is currently one, single, unified regime for joint and sole cases. True or false?

not completed
. The court in Jones v Kernott (2011) confirmed the continued existence of the distinction between joint and sole name cases. True or false?

not completed
. Which one of the following cases is often cited as evidence of a move towards a single regime for joint and sole cases?

not completed
. Which one of the following best describes concerns at the use of common intention as the basis for imposition of the common intention constructive trust? Select one of the following.

not completed
. In summary, what is the basis of the criticism for the court's assessment of common intention? Select one of the following that best reflects academic concerns.

not completed
. Which one of the following aspects in particular is cited as the source of most disquiet in the court's assessment of common intention under the authorities of Stack and Jones?

not completed
. Gardner has proposed jettisoning the search for common intention in favour of which type of approach? Select one of the following.

not completed
. What is the Law Commission's view of the court's search for common intention? Select one of the following.

not completed
. Parliament has thus far shown itself unwilling or incapable of intervening to legislate for reform to the regime on interests in the home. True or false?

not completed
. Calls for reform to the law surrounding disputes involving property comprising a family home have centred on what mode of reform in particular? Select one of the following.

not completed
. The latest, meaningful proposals for reform to the law surrounding disputes of unmarried couples involving a family home were contained in which Law Commission report in 2007? Select one of the following.

not completed
. The statutory scheme of reform proposed by the Law Commission is far more flexible than the current property law principles governing the interests of unmarried couples in the family home. True or false?

not completed
. Which one of the following is not a condition which must be satisfied if the Law Commission's 2007 proposed statutory scheme of reform is to apply?

not completed
. A spouse or civil partner with no legal interest in the family home has certain statutory rights under the Family Law Act 1996. What do we call these rights? Select one of the following.

not completed
. Home rights under the Family Law 1996 Act endure only for the length of the marriage or civil partnership. True or false?

not completed
. If not in occupation, a spouse or civil partner gets no assistance under the Family Law Act 1996. True or false?

not completed
. A person enjoying a proprietary interest in the family home is also entitled to occupy that home but subject to certain restrictions. Which provisions govern this right to occupy and its limitations? Select one of the following.

not completed
. How can 'home rights' under the Family Act 1996 be protected in registered land? Select one of the following.

Back to top