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Chapter 6 Self-test questions
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?
True
correct
incorrect
False
correct
incorrect
*
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.
Direct cash contribution.
correct
incorrect
Contribution to deposit or conveyancing expenses.
correct
incorrect
Discount or reduction in purchase price.
correct
incorrect
Payment of household expenses.
correct
incorrect
*
not completed
.
Which one of the following statements is incorrect as regards a joint tenancy?
Payment of mortgage instalments will never suffice as an effective contribution.
correct
incorrect
Payment of mortgage instalments will always suffice as an effective contribution.
correct
incorrect
The approach of the case law on payment of mortgage instalments is not finally settled.
correct
incorrect
Payment of mortgage instalment has not been explored by the courts.
correct
incorrect
*
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?
Where there is a transfer of property from mother to child.
correct
incorrect
Where there is a transfer of property from father to child.
correct
incorrect
Where there is a transfer of property from husband to wife.
correct
incorrect
Where there is a transfer of property from a person in loco parentis to a child.
correct
incorrect
*
not completed
.
What is the significance of the recent Privy Council decision of
Marr v Collie
(2017)? Select one of the following.
Marr
confirms the expanding role of resulting trusts in mixed domestic–commercial contexts.
correct
incorrect
Marr
suggested that a constructive trust analysis was inappropriate in mixed domestic–commercial contexts.
correct
incorrect
Marr
suggested that a constructive trust analysis may be appropriate in mixed domestic–commercial contexts and not just domestic contexts.
correct
incorrect
Marr
is binding authority that resulting trusts no longer operate in mixed domestic–commercial contexts.
correct
incorrect
*
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?
True
correct
incorrect
False
correct
incorrect
*
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?
True
correct
incorrect
False
correct
incorrect
*
not completed
.
Why is
Stack v Dowden
(2007) a significant decision for the law of constructive trusts? Select one of the following.
It confirmed that in the domestic context, in joint name cases, there is a heavy but rebuttable presumption of shared equitable ownership.
correct
incorrect
It confirmed that in the domestic context, in sole name cases, there is a heavy but rebuttable presumption of shared equitable ownership.
correct
incorrect
It confirmed that in the domestic context, in joint name cases, there is an easily rebutted presumption of shared equitable ownership.
correct
incorrect
It confirmed that in the domestic context, in sole name cases, there is an easily rebutted presumption of shared equitable ownership.
correct
incorrect
*
not completed
.
In sole name cases, in the domestic context, how is an interest established at the acquisition stage? Select one of the following.
By demonstrating either an express or implied bargain constructive trust.
correct
incorrect
By demonstrating either an express or implied bargain constructive trust + unconscionability defined broadly.
correct
incorrect
By demonstrating either an express or implied bargain constructive trust + detrimental reliance.
correct
incorrect
Through operation of the doctrine of proprietary estoppel.
correct
incorrect
*
not completed
.
What is the role of the court at the quantification stage? Select one of the following.
To quantify whether the claimant is entitled to succeed in its claim.
correct
incorrect
To quantify the extent of each party's respective share in the property.
correct
incorrect
To determine whether the claimant has acquired an interest.
correct
incorrect
To ensure that it would be unconscionable to deny the claimant an interest in the property.
correct
incorrect
*
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?
By showing that the parties had a different common intention at the time when the property was acquired other than a 50–50 split in equity.
correct
incorrect
By showing the parties' intentions have changed through a broad enquiry into financial and non-financial circumstances.
correct
incorrect
By showing that the parties later formed a common intention that their respective shares could change.
correct
incorrect
By showing that it would be inequitable for a 50–50 split.
correct
incorrect
*
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?
Imputation is only possible at the acquisition stage.
correct
incorrect
Imputation is possible at either the acquisition or quantification stages.
correct
incorrect
Imputation is only possible at the quantification stage.
correct
incorrect
Imputation post-
Stack
and
Jones
is no longer possible at either the acquisition or quantification stages.
correct
incorrect
*
not completed
.
As regards the differences between joint and sole name cases, which one of the following statements is incorrect?
In sole ownership cases, there is no presumption of equitable joint tenancy as exists for joint ownership cases.
correct
incorrect
In sole ownership cases, the starting point is different: where there is sole ownership at law there is a presumption of sole ownership in equity (as 'equity follows the law').
correct
incorrect
In sole ownership cases, it is for a claimant arguing that she enjoys an equitable interest in the home to prove she has acquired an interest.
correct
incorrect
In sole ownership cases, imputation is not possible at any stage.
correct
incorrect
*
not completed
.
What is the leading authority on establishing an interest in sole name cases? Select one of the following.
Lloyds Bank v Rosset
(1989)
correct
incorrect
Stack v Dowden
(2007)
correct
incorrect
Jones v Kernott
(2011)
correct
incorrect
Marr v Collie
(2017)
correct
incorrect
*
not completed
.
According to Lord Bridge in
Rosset
(1989) there are two ways of establishing an interest in sole name cases. True or false?
True
correct
incorrect
False
correct
incorrect
*
not completed
.
As regards establishing an interest in sole name cases, which one of the following statements best describes the applicable principles?
What must be established is an express bargain constructive trust.
correct
incorrect
What must be established is an implied bargain constructive trust.
correct
incorrect
What must be established is an express bargain constructive trust plus detrimental reliance.
correct
incorrect
What must be established is either an express or implied bargain constructive trust + detrimental reliance.
correct
incorrect
*
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?
Eves v Eves
(1975)
correct
incorrect
Grant v Edwards
(1986)
correct
incorrect
Gallarotti v Sebastianelli
(2012)
correct
incorrect
Curran v Collins
(2015)
correct
incorrect
*
not completed
.
There is currently one, single, unified regime for joint and sole cases. True or false?
True
correct
incorrect
False
correct
incorrect
*
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?
True
correct
incorrect
False
correct
incorrect
*
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?
Lloyds Bank v Rosset
(1989)
correct
incorrect
Stack v Dowden
(2007)
correct
incorrect
Geary v Rankine
(2012)
correct
incorrect
Barnes v Phillips
(2015)
correct
incorrect
*
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.
The common intention puzzle.
correct
incorrect
The common intention mystery.
correct
incorrect
The common intention chimera.
correct
incorrect
The common intention myth.
correct
incorrect
*
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.
Artificiality, judicial creativity, and unpredictability.
correct
incorrect
Judicial stagnation and judicial activism.
correct
incorrect
Inequality and unconscious bias.
correct
incorrect
Unconscionability and lack of legal certainty.
correct
incorrect
*
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
?
Presumption of equitable joint tenancy.
correct
incorrect
Differing starting points for joint and sole name cases.
correct
incorrect
The undue emphasis placed on financial arrangements.
correct
incorrect
The imputation of intention at the quantification stage.
correct
incorrect
*
not completed
.
Gardner has proposed jettisoning the search for common intention in favour of which type of approach? Select one of the following.
A statutory scheme of redistribution.
correct
incorrect
An irrebuttable presumption of 50–50 shares.
correct
incorrect
A relationship-based approach.
correct
incorrect
A community of property approach.
correct
incorrect
*
not completed
.
What is the Law Commission's view of the court's search for common intention? Select one of the following.
Common intention should be abandoned as the basis for the imposition of a constructive trust in disputes over the family home.
correct
incorrect
Common intention offers an entirely unproblematic and superior basis for the imposition of a constructive trust than the alternatives.
correct
incorrect
To disregard common intention altogether would be ultimately impossible to justify.
correct
incorrect
Any of the alternatives suggested by Gardner, Barlow, and Lind would be better than the fallacious search for common intention.
correct
incorrect
*
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?
True
correct
incorrect
False
correct
incorrect
*
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.
Reforms have focused on legislation providing a distinct statutory regime governing disputes over the home between unmarried couples.
correct
incorrect
Reforms have focused on legislation providing for a broad, equitable jurisdiction to redistribute property amongst any interested parties vis-à-vis property.
correct
incorrect
Reforms have focused on legislation to put the authorities of
Stack v Dowden
(2007) and
Jones v Kernott
(2011) on a statutory footing.
correct
incorrect
Reforms have focused on legislation to extend the approach in Scotland to England and Wales.
correct
incorrect
*
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.
Sharing Homes
correct
incorrect
Cohabitation: The Financial Consequences of Relationship Breakdown
correct
incorrect
Updating the Land Registration Act 2002
correct
incorrect
Land Registration for the 21s
t
Century
correct
incorrect
*
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?
True
correct
incorrect
False
correct
incorrect
*
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?
Cohabitants have been living as a couple in a shared home.
correct
incorrect
The couple have a child or have cohabited for a minimum period.
correct
incorrect
There is an express opt-out clause.
correct
incorrect
One cohabitant has made an application following relationship breakdown.
correct
incorrect
*
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.
Statutory Family Law rights.
correct
incorrect
Home rights.
correct
incorrect
Constructive trust entitlements.
correct
incorrect
Cohabitant rights.
correct
incorrect
*
not completed
.
Home rights under the Family Law 1996 Act endure only for the length of the marriage or civil partnership. True or false?
True
correct
incorrect
False
correct
incorrect
*
not completed
.
If not in occupation, a spouse or civil partner gets no assistance under the Family Law Act 1996. True or false?
True
correct
incorrect
False
correct
incorrect
*
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.
Sections 12 and 13 TOLATA 1996
correct
incorrect
Sections 1 and 2 of the Trustee Act 2000
correct
incorrect
Sections 28 and 29 of the LRA 2002
correct
incorrect
Schedules. 2 and 3 of the LRA 2002
correct
incorrect
*
not completed
.
How can 'home rights' under the Family Act 1996 be protected in registered land? Select one of the following.
A notice can be entered in the Charges Register of the burdened title.
correct
incorrect
A restriction can be entered in the Proprietorship Register of the burdened title.
correct
incorrect
Home rights amount to overriding interests under Sch. 3 of the LRA 2002.
correct
incorrect
Home rights are protected by operation of the doctrine of proprietary estoppel.
correct
incorrect
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