* not completed

. Suppose that trustee Tabitha and trustee Tim hold property on trust for Brenda and Bashir and the trustees appoint and pay a stockbroker to invest certain moneys on behalf of the trust. Who is/are the stranger(s) in this scenario?

The Stockbroker and any person to whom he passes the money. correct incorrect

Tabitha and Tim. correct incorrect

Brenda and Bashir. correct incorrect

The Stockbroker. correct incorrect

* not completed

. "if one, not being a trustee and not having authority from a trustee, takes upon himself to intermeddle with the trust matters or to do acts characteristic of the office of trustee, he may thereby make himself a trustee". What is being defined here?

Liability for knowing receipt. correct incorrect

Liability for intermeddling. correct incorrect

A trustee de son tort. correct incorrect

Liability for dishonest assistance. correct incorrect

* not completed

. The remedy for knowing receipt is:

Restitutionary correct incorrect

Compensatory correct incorrect

Compensatory and Restitutionary correct incorrect

None of these options correct incorrect

* not completed

. Which of the following will count as knowledge sufficient to prove liability for knowing receipt?

A rumour correct incorrect

Something once known but since forgotten. correct incorrect

Something once known but since forgotten. correct incorrect

Something once known but since forgotten. correct incorrect

* not completed

. Which of the following is not within the Baden categories of knowledge?

"Wilfully shutting one's eyes to circumstances which would indicate the facts to an honest or reasonable man" is not within the Baden categories of knowledge? (per Peter Gibson J in Baden v Société Générale [1983] BCLC 325). correct incorrect

Actual knowledge. correct incorrect

Wilfully shutting one's eyes to the obvious. correct incorrect

Wilfully shutting one's eyes to the obvious. correct incorrect

* not completed

. The House of Lords in Twinsectra Ltd v Yardley [2002] 2 AC 164 was concerned with which of the following heads of liability?

Inconsistent dealing with trust property. correct incorrect

Knowing receipt of property misapplied in breach of trust or fiduciary duty. correct incorrect

Knowing assistance in a dishonest or fraudulent design. correct incorrect

Dishonest assistance in or procurement of a breach of trust. correct incorrect

* not completed

. Which of the following is the standard of dishonesty applied when determining liability for dishonest assistance?

"A subjective standard". correct incorrect

"An objective standard". correct incorrect

"A standard based on subjective perception of objective standards". correct incorrect

"An objective standard which takes account of subjective characteristics". correct incorrect

* not completed

. Which of the following extra-legal or contextual factors might best explain the decision of the House of Lords in Twinsectra Ltd v Yardley [2002] 2 AC 164.

The need to encourage solicitors to act on behalf of trusts. correct incorrect

The need to ensure that commerce runs smoothly. correct incorrect

Judicial reluctance to tar a fellow legal professional with the label "dishonest". correct incorrect

Decline in social standards of honesty generally. correct incorrect

* not completed

. It has been said that committing the equitable wrong of dishonest assistance is essentially the same as liability for committing…

A crime correct incorrect

A breach of trust correct incorrect

A tort correct incorrect

Knowing receipt of trust property correct incorrect

* not completed

. Which of the following statements is FALSE in the context of a beneficiary's attempt to recover the value of misapplied funds?

It is useful to seek to impose personal liability on strangers where tracing is only partially successful. correct incorrect

It is useful to seek to impose personal liability on strangers where tracing is fails outright. correct incorrect

It is useful to seek to impose proprietary liability on strangers where tracing is only partially successful. correct incorrect

It is useful to seek to impose personal liability on strangers at the same time as seeking to trace misapplied funds. correct incorrect