Chapter 1 Self-test questions

. In the extract set out in Section 1.2, Birks considers the scope and nature of land law. According to Birks, three of the following four statements are correct. Which is the statement that, according to Birks, is false?

Land law is a sub-set of property law.

Land law involves all the legal rules that relate to land.

Land law is distinct from public law.

The focus of land law is on the nature, creation, and protection of interests in land.

. Which of the following statements provides the best explanation of why land law is often studied as a distinct subject?

Due to the special physical features of land, rules relating to property rights in land are often different from rules relating to property rights in other forms of property.

Land is often very valuable, and so the rules relating to land are more important than the rules relating to other forms of property.

Land law is a particularly difficult subject. It needs to be studied separately so students can spend more time trying to understand it.

Due to the history of land law, and in particular the influence of the feudal system, land law is very different from other parts of property law.

. Which of the following points is not an accurate comment on Lord Wilberforce's reasoning in National Provincial Bank v Ainsworth?

Lord Wilberforce decided that Mrs Ainsworth's right could not bind the bank as she had not paid for that right and, therefore, the right was not worthy of protection.

Lord Wilberforce decided that Mrs Ainsworth's right could bind only her husband and so could not bind a third party such as the bank.

Lord Wilberforce decided that Mrs Ainsworth's right could not bind the bank as it was difficult for the bank to discover.

Lord Wilberforce decided that Mrs Ainsworth's right could not bind the bank as it was not an interest in land.

. In Section 1.5.2, two models of legal reasoning are discussed: the 'utility model' and the 'doctrinal model'. The former focuses on the practical effect of a legal rule or its application; the doctrinal model instead focuses on whether a legal rule or its application accords with other, pre-existing legal rules. Which of the following statements provides the best account of the impact of those two models in land law?

Whilst the doctrinal model is particularly prominent in land law, the utility model may sometimes play an important role in judicial reasoning.

Whilst Parliament is free to make reforms based on the utility model, judges must apply only the doctrinal model.

If it is necessary to achieve a fair result, a judge is free to depart entirely from the doctrinal model.

A judge is free to choose between the utility and doctrinal models according to his or her personal preference.

Quiz Content