Chapter 6 Multiple Choice questions

Chapter 6 Multiple Choice questions

Quiz Content

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. According to section 53(1)(b) of the LPA 1925, a declaration of trust over land must be manifested and proved by writing and signed by the person declaring the trust (or a testator in a will). Yet this requirement does not apply to all trusts. To which trusts does this section not apply? Select one of the following.

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. In what circumstances will a 'purchase money' resulting trust arise? Which of the following statements correctly reflects the current law?

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. The presumption of 'purchase money resulting trust' is a rebuttable one. One way of rebutting the presumption is by demonstrating that the contribution to the purchase price was made by way of a gift is under what is known as the 'presumption of advancement.' In which one of the following relationships does the presumption of advancement not operate?

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. Which decision of the court is the leading case on the role and relevance of illegality or illegal motives in establishing the existence of an implied trust? Select one of the following.

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. How far did the judgment in Tribe v Tribe (1995) modify the approach taken in Tinsley v Milligan (1994) as to the illegality principle? Select one of the following.

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. By far the more important implied trust in the family home context is the common intention constructive trust, but when will it arise and how does it operate? Which of the following statements correctly states the current law as to joint legal ownership cases in the domestic context following Stack and Jones?

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. In determining whether the presumption of an equitable joint tenancy in joint legal ownership cases in the domestic context has been rebutted, Baroness Hale in Stack pointed to a series of factors that would be relevant. In which paragraph of the judgment did she list these factors?

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. According to Lord Bridge in Lloyds Bank v Rosset (1991), in sole ownership cases in the domestic context, how is a common intention constructive trust established?

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. According to the stated judgment of the court in the cases of Eves v Eves (1975); Grant v Edwards (1986); Hammond v Mitchell (1992), on what basis was a common intention constructive trust found to have been established?

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. When it comes to the quantification of the shares in the family home, the court in Stack and Jones confirmed the relevant principles that apply in joint and sole ownership cases. Which one of the following statements is incorrect in the court's 'broad brush' and 'holistic approach' to quantification?

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