Skip to main content
United States
Jump To
Support
Register or Log In
Support
Register or Log In
Instructors
Browse Products
Getting Started
Students
Browse Products
Getting Started
Chapter 4 Looking for extra marks
Return to Equity and Trusts Concentrate 8e Student Resources
Chapter 4 Looking for extra marks
Quiz Content
*
not completed
.
Would equity perfect the following disposition?
Ian wanted Dell to have his favourite watch and told Dell it was his. Dell was busy and said he would collect it later. Ian then lent the watch to his nephew, Lewis for his graduation, Lewis returned it to Ian the next day. Ian has died and Dell is the executor of Ian's will.
Equity would not perfect the gift. The rule in
Strong v Bird
would not apply here as the intention to give has not remained unchanged as Ian has treated the watch as if he is the owner, be lending it to Lewis.
correct
incorrect
Equity would perfect the gift. The rule in
Strong v Bird
will apply here as Dell has become Ian's executor.
correct
incorrect
Equity would perfect the gift. Ian has done all that he can to transfer the watch to Dell so the every effort test of
re Rose
will apply.
correct
incorrect
The gift fails as there has not been delivery despite the intention to transfer.
correct
incorrect
*
not completed
.
After reading the judgment of Lord Scott in
Thorner v Major
how else would he have been happy to decide the case?
He would have followed his earlier decision in
Yeomans Row
and conclude that as there was no written contract over the transfer of land, which complied with s2 LP(MP) A, the agreement was not enforceable in law or equity.
correct
incorrect
He would have been happy to allow the land to be held on a long lease by David Thorner.
correct
incorrect
He would have been happy to provide that the property could be subject to a remedial constructive trust.
correct
incorrect
That there had been a valid transfer of legal title to David by Peter Thorner.
correct
incorrect
*
not completed
.
How did the courts justify the decision in
Choithram International v Pagarani
[2001]?
As Mr Pagarani had done all that he could to transfer the property in his lifetime then the courts would apply
Re Rose,
every effort test.
correct
incorrect
Had Mr Pagarani lived he would have been compelled by the courts to properly constitute the trust, as his conscience would be affected. So there was no reason not to carry out the transfer to his co-trustees. It was important that as the legal owner he was one of the intended recipient trustees.
correct
incorrect
Mr Pagarani had left his family very well settled and they did not need any more money but the charity did need the money.
correct
incorrect
Mr Pagarani had declared himself trustee of the property for the benefit of the charity.
correct
incorrect
*
not completed
.
Which of the following situations will be a valid transfer of legal title in land?
Katie gives Luke a deed, which she has signed and has been witnessed saying that she transfers her home to Luke.
correct
incorrect
Katie gives Luke the deeds to her home, which she has signed on the back saying it is all for Luke.
correct
incorrect
Katie gives Luke a deed, which she and Luke have signed saying that she transfers her home to Luke.
correct
incorrect
Katie gives Luke a deed, which she has signed and has been witnessed saying that she transfers her home to Luke and this is registered on the Land Registery.
correct
incorrect
*
not completed
.
Why did the courts decide that there was no estoppel in
Yeoman's Row Management v Cobbe [2008]?
There was no clear agreement between the parties, there was actually clear evidence that they did not intend to make such an agreement, such as no contract to satisfy s2 LP(MP)A 89, and between two business people there thought sufficient evidence to prevent estoppel.
correct
incorrect
There was no contract for s2 LP(MP) A so there could be no legal agreement on which to base the estoppel.
correct
incorrect
That it was being used to form the basis of a claim, so as a sword, rather than as a shield.
correct
incorrect
That Mr Cobbe had not relied on any assurances by the other parties.
correct
incorrect
Previous Question
Submit Quiz
Next Question
Reset
Exit Quiz
Review all Questions
Submit Quiz
Are you sure?
You have some unanswered questions. Do you really want to submit?
Back to top
Printed from , all rights reserved. © Oxford University Press, 2024
Select your Country