Chapter 2 Multiple choice questions

. Which one of the following interests can be legal or equitable in status depending upon how it has been created?

Restrictive covenant

Estate contract

Beneficial interest under a trust

Easement

. Which one of the following statements is FALSE?

Equitable remedies were developed in response to the inadequacy of the common law remedy of damages.

An injunction is a type of equitable remedy.

Equitable remedies are awarded as of right.

Failure to comply with an order for specific performance results in being found in contempt of court.

. Which statutory authority lists those interests that have legal capacity?

Section 1(2) LP(MP)A 1989

Section 1(3) LPA 1925

Section 1(2) LPA 1925

Section 205 LPA 1925

. Which one of the following is NOT a requirement for a valid deed?

Signed by the grantee

Witnessed

Delivered

Clear on its face that it is a deed

. Which one of the following statements is TRUE?

A failed attempt to grant a legal interest may be recognized by equity as creating an equitable interest provided there is a valid deed capable of specific performance.

Whether a failed attempt to grant a legal interest will be recognized by equity as creating an equitable interest will be subject to discretion.

The equitable maxim applied in equity to allow, in certain circumstances, a failed attempt to grant a legal interest as granting an equitable interest instead, is 'he who seeks equity must do equity'.

An agreement to grant a legal interest gives the grantee a legal interest in the land.

. Which one of the following is NOT a requirement of a purchaser who wishes to take free from an equitable interest under the doctrine of notice?

He must act bona fide

He must be a purchaser without notice

He must be a purchaser for value

He must be a purchaser of any interest in land

. Which one of the following is a type of notice under the doctrine of notice?

Implied notice

Intended notice

Imputed notice

Incorporated notice

. Which one of the following statements is TRUE?

A purchaser is deemed to have constructive notice of all those things his agents working for him on the land transaction have actual notice of.

A purchaser is deemed to have constructive notice of everything he actually has knowledge of.

A purchaser is deemed to have constructive notice of everything he could have found out about by searching the register of title.

A purchaser is deemed to have constructive notice of everything he could have found out about had he made those enquiries and inspections which he ought reasonably to have done.

. Which one of the following is a case that demonstrates how constructive notice operates?

Midland Bank Trust Co Ltd v Green (1981)

Kingsnorth Trust Ltd v Tizard (1986)

Coatsworth v Johnson (1885)

Wilkes v Spooner (1911)

. Which one of the following statements is FALSE?

A valid contract must be used for the creation of any equitable interest in land.

Traditionally, the status of an interest as either legal or equitable played a major role in determining its enforceability against a person coming to the land over which it exists.

A proprietary interest that does not have legal capacity can only be equitable in status in accordance with s1(3) LPA 1925.

The equitable right to redeem is an example of an equitable interest.

Chapter 2 Multiple choice questions

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