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Chapter 5 Multiple choice questions
Return to Complete Equity and Trusts 5e Resources
Chapter 5 Multiple choice questions
Quiz Content
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not completed
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What distinguishes proprietary estoppel from promissory estoppel?
Lord Denning created promissory estoppel, but not proprietary estoppels
correct
incorrect
Proprietary estoppel only relates to land, promissory estoppels relates to all other types of property
correct
incorrect
Proprietary estoppel can be the basis of a claim; promissory estoppel may only be a defence
correct
incorrect
Promissory estoppel requires detriment, proprietary estoppel does not
correct
incorrect
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The concept of "unconscionability" has been used in a number of proprietary estoppel cases. Unconscionability:
Is one of the five probanda in
Willmott v Barber
(1880) 15 Ch D 96
correct
incorrect
Must be proved to establish a proprietary estoppel
correct
incorrect
Is irrelevant to a claim of proprietary estoppel
correct
incorrect
Is a unifying element in the doctrine of proprietary estoppel
correct
incorrect
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Why did Cobbe not succeed in establishing an estoppel against Yeoman's Row Management?
Because he suffered no detriment
correct
incorrect
Because he had not made an agreement with Yeoman's Row Management Ltd.
correct
incorrect
Because he had not made a legally binding contract with Yeoman's Row
correct
incorrect
Because Yeoman's Row had not raised an expectation that he would acquire an interest in land
correct
incorrect
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There was a proprietary estoppel in
Thorner v Major and others
[2009] 1 WLR 776, but not in
Yeoman's Row Management Ltd. v Cobbe
[2008] 1 WLR 1752.. What is the difference between the two cases?
There are no fixed rules in proprietary estoppel, it is all a matter of judicial dicscretion
correct
incorrect
There was a clear assurance that the claimant would receive an interest in land in
Thorner
, but not in
Yeoman's
correct
incorrect
There was a higher level of detrimental reliance in
Thorner
compared to
Yeoman's
correct
incorrect
It would have been unconscionable to allow Peter Thorner to receive nothing after all his years of work
correct
incorrect
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What was the significant development in the law in
Gillett v Holt
[2000] 2 All ER 289?
It was the first estoppel case involving a farmer
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It prevented Holt from changing his will
correct
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It restricted Holt's ability to leave his property to whoever he wished
correct
incorrect
It proposed a new definition of proprietary estoppel
correct
incorrect
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Which of the following would
not
be regarded as detrimental reliance?
Giving up other job opportunities
correct
incorrect
Building a house on land that the claimant thinks is their own
correct
incorrect
Living with the person that the claimant loved
correct
incorrect
Looking after an elderly person
correct
incorrect
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Which of the following would
not
be an appropriate basis to decide the remedy for proprietary estoppel?
The minimum equity to do justice
correct
incorrect
What the defendant promised
correct
incorrect
A remedy in proportion to the detriment suffered
correct
incorrect
Whatever the judge considers just
correct
incorrect
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What is the importance of section 2 of the Law of Property (Miscellaneous Provisions) Act 1989 for the doctrine of estoppel?
It abolished the doctrine of proprietary estoppel
correct
incorrect
It exempts constructive and resulting trusts from the need for a written contract for land
correct
incorrect
It does not mention proprietary estoppel
correct
incorrect
It abolishes the doctrine of part performance
correct
incorrect
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Why were there both a proprietary estoppel and a constructive trust in
Yaxley v Gotts
[2000] Ch 12?
Because unconscionability is the basic principle underlying both concepts
correct
incorrect
Because there was an "oral bargain" between Yaxley and Gotts
correct
incorrect
Because there was no written contract
correct
incorrect
Because land was involved
correct
incorrect
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The essential element that turns a promise into an estoppel is:
Unconscionability
correct
incorrect
The breaking of the promise
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The defendant acting to their detriment
correct
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Reliance on the promise
correct
incorrect
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