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Chapter 1 Multiple choice questions
Return to Equity and Trusts Concentrate 8e Student Resources
Chapter 1 Multiple choice questions
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Which of the following statements most closely describes what John Selden meant when he described the nature of equity as akin to the length of 'a Chancellor's foot'?
Equity responds to the individual facts of cases rather than applying general rules.
correct
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Equity was governed by the religious morality of the times.
correct
incorrect
Equity was subject to the subjective standards of each new Chancellor.
correct
incorrect
Equity operates in a discretionary manner.
correct
incorrect
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The position of Lord Chancellor was originally held by which type of person?
The King's courtiers
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Military commanders
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Religious officials
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Queen's Counsel
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Why was the system of law known as Equity created?
To supplement and modify the injustices of the Common Law.
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To provide a quicker system of justice.
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To reform the law.
correct
incorrect
To allow the recognition of trusts.
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incorrect
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What was the significance of the Earl of Oxford's case (1615)?
The Earl of Oxford's case resolved the ongoing battle for authority between the Church and the State.
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The Earl of Oxford's case established the principle that where equity and the common law conflict, equity prevails.
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The Earl of Oxford's case ended the practice of Chancellors being appointed from amongst high-ranking religious officials.
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The Earl of Oxford's case established the principle that equity will not tolerate unconscionable behaviour by a claimant.
correct
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Which Act was responsible for unifying the administration of the courts of equity and the common law courts?
The Judicature Acts 1873-75
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Provisions of Oxford 1258
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The Supreme Court Act 1981
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The Statute of Westminster
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Which case do the following facts describe?
- This case involved an action for breach of confidence.
- The claimant argued that an injunction would be inadequate to compensate their loss.
- This case illustrates the way in which the courts have begun to adopt a more flexible approach to common law and equitable remedies.
- In addition to issuing an injunction preventing the use of confidential information, the court also awarded common law damages in order to compensate the claimant properly.
Walsh v Lonsdale
(1882)
correct
incorrect
Attorney-General v Blake
[2001]
correct
incorrect
Penn v Lord Baltimore
(1750)
correct
incorrect
Seager v Copydex Ltd.
[1967]
correct
incorrect
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Which of the following statements best describe the function of equity?
1. Equity promotes certainty.
2. Equity intervenes to prevent hardships which arise from a strict application of common law rules.
3. Equity changes the common law to prevent injustice.
4. Equity restrains immoral behaviour.
5. In general, equity tends to pay closer attention to the facts of individual cases.
1 and 3
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incorrect
2 and 4
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incorrect
3 and 5
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incorrect
2 and 5
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The case of Penn v Lord Baltimore demonstrates which equitable maxim?
Equity looks to intent, not form
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He who comes to equity must come with clean hands
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Equity acts
in personam
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Equity follows the law
correct
incorrect
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The equitable maxim 'He who seeks equity must do equity' deals with what type of behaviour?
The future behaviour of the claimant.
correct
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The past behaviour of the claimant.
correct
incorrect
The past behaviour of the defendant.
correct
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The future behaviour of the parties.
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incorrect
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Which of the following statements about Patel v Mirza [2017] is correct?
The Supreme Court confirmed that a claimant cannot rely on their own illegal actions to found a claim in equity.
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Allowing the claimant to recover their money did not undermine the policy reasons for tackling insider dealing.
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Equity has a role to punish wrongdoers.
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As equity seeks to do justice between parties, both parties must come to equity with 'clean hands'. As both parties had knowledge of the insider dealing scheme, equity would not intervene on either party's behalf.
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Which of the following cases is the most appropriate authority for the principle that equity can be applied to property located outside the United Kingdom?
Penn v Lord Baltimore (1750)
correct
incorrect
Patel v Mirza [2016]
correct
incorrect
Earl of Oxford's Case (1615)
correct
incorrect
Chappell v Times Newspapers Ltd [1975]
correct
incorrect
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