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Return to The Principles of Equity & Trusts 4e Resources
Chapter 2 Scenario Questions
The characteristics of Equity
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Barbara contracts to sell her land to Carol. The contract is signed and all that remains is for the transfer to be registered and legal title to transfer to Carol. Barbara refuses to complete the transfer.
What rights does Carol have in relation to the property?
Barbara holds the land on constructive trust for Carol.
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Barbara holds the land on express trust for Carol.
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Carol has a right to compensation for breach of trust.
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Carol has a personal right to the value of the property.
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Daniel steals £100 from Ellie and puts it into a bank account with £100 already in it.
How do Common Law and Equity differ in treating Ellie's claim? Select two answers.
The Common Law can recognize Ellie's £100 in the £200 total.
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The Common Law cannot recognize Ellie's £100 in the £200 total.
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Equity can recognize Ellie's £100 in the £200 total.
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Equity cannot recognize Ellie's £100 in the £200 total.
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Frieda held property on trust for her husband, George. George sought the assistance of the court in administering the trust as Frieda was neglecting to do so properly according to the terms of the trust instrument. It turned out that George had been unfaithful to Frieda.
How does George's infidelity alter his relief? There may be more than one correct answer.
George did not come to Equity with clean hands and so is limited to a personal remedy.
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George did not come to Equity with clean hands and so the court can restrict the availability of a remedy.
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George's conduct does not relate to the relief that is sought and so makes no difference to his equitable remedy.
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George's conduct may have been immoral, but it was not illegal and so makes no difference to his equitable remedy.
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