Diagnostic test

Quiz Content

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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'?

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. The position of Lord Chancellor was originally held by which type of person?

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. Which of the following creates a discretionary trust?

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. Which of the following statements is true?

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. Which of the following items of property do not satisfy the test for certainty of subject matter?

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. Which of the following statements best expresses the ratio of Re London Wine Co [1986]?

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. Equity will perfect an imperfect gift under the principles in Strong v Bird [1874] LR 18 Eq 313. Which statement is correctly stating the requirements under the rule in Strong v Bird?

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. Which is the correct authority to say that delivery for a donatio mortis causa over unregistered land can be the handing over of the relevant title deeds?

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. Which statement correctly states the exception to s53 (1) (c) LPA 1925 identified in Vandervell v IRC 1960?

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. What principle of law could you take from the case of Grainge v Wilberforce (1889) 5 TLR 436?

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. Which of the following trusts will be charitable?

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. Which of the following statements about the public benefit requirement is untrue?

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. How has the Perpetuities and Accumulations Act 2009 altered the rules on perpetuities?

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. Which statement most closely states the rule on inalienability?

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. When must a fully secret trust be communicated?

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. What principles can be taken from the case of Moss v Cooper (1861) 4 LT 790?

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. How did the courts distinguish Tribe v Tribe [1996] Ch 107 from the decision in Tinsley v Milligan (1993)?

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. What are the two types of constructive trust over a family home identified in Lloyds Bank v Rosset?

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. The Variation of Trusts Act 1958 gives the court the power to provide consent for the variation of a trust for certain types of beneficiaries. For which of the following beneficiaries would the court be able to provide consent?

1 - Miriam, a 78 year old beneficiary of a trust who suffers from advanced Alzheimer's disease.
2 - Adult cousins living in Mali, whose precise whereabouts are unknown
3 - The unborn children who hold the remainder interest in a trust.
4 - A brother who disagrees with the rest of the beneficiaries about a proposed variation.
5 - Whoever marries Serena (14).

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. A trust has been established under which the children of the settlor's son, Ben and Corinne, will benefit. Both are minors. Which of the following arrangements would not be approved by the court?

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. Tara is an artist. From the beginning of her career, she has worked closely with Amie, the owner of a fashionable art gallery in London. In exchange for a 10% commission, Amie promotes the sale of Tara's work through her gallery and has worked closely with Tara on the pricing of her work. In 2019, Tara wins a prominent art prize and her profile (as well as the value of her work) greatly increases. In 2020, Tara delivers a new collection of 15 paintings to be sold by Amie through her gallery. Amie is flooded with inquiries, and soon all but one of the paintings is sold. Amie receives many requests to purchase the final painting but one particular collector, Paul, offers to double the value of her commission if Amie agrees to sell him the painting. She agrees and receives an extra 10% on the purchase price from Paul, which she deposits in her personal account. She does not inform Tara.

One month later, Amie spots a small bronze sculpture by a new young artist, Gloria, and uses the money she received from Paul to purchase it for herself. The next week, she learns that Gloria has died. Following her death, Gloria's sculptures triple in value. Unable to contain her excitement, Amie opens several bottles of champagne in celebration. Unfortunately, when she is drunk, she tells her assistant about how she acquired the money to purchase Gloria's art. Her assistant is horrified and informs Tara who demands that Amie hands over the sculpture to her.

How would you advise Amie?

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. Which of the following statements about ethical investment policies is incorrect?

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. What is the standard of care expected by a trustee?

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. Which is the correct authority to illustrate that losses by one breach cannot be compensated by profits made in another breach; the issue of causation?

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. Why was specific performance granted in Sky Petroleum v VIP Petroleum [1974] 1 All ER 954?

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. Why would the court not award specific performance in Co-operative Insurance Society Ltd v Argyll Stores Ltd [1988] AC 1?

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