Deck 1: Equity: Its Meaning, History and Maxims

Question 1

A court can order a party to specifically perform a contract if it concludes that this would result in an outcome that is subjectively fair.

Answer 1

False

Question 2

Is a 'mere equity' arising through estoppel capable of binding a purchaser, and which section of the LRA 2002 confirms this status?

Answer 2

No Answer.

Question 3

What formalities are required to create a trust interest and where can this rule be found?

Answer 3

No Answer.

Question 4

Which section of the Land Registration Act 2002 contains the provision relating to e-conveyancing. Is this provision in force?

Question 5

What is the principle of the numerus clausus?

Question 6

Which Act created a Supreme Court for the UK?

Question 7

By which Acts of Parliament was the Court of Chancery reformed?

Question 8

Did the Supreme Court of Judicature Acts really intend to fuse together common law and equity substantively or procedurally?

Question 9

Which equitable maxim arose because the common law was defective both in terms of procedure, and, on occasion, in terms of remedies available?

Question 10

Name a case which utilises the maxim 'he who comes to equity must come with clean hands'.

Question 11

As a point of principle, in what situation will equity not step in?

Question 12

What is a deed?

Question 13

Why does delay defeat equity?

Question 14

Describe a situation in which equity looks at the intent rather than the form.

Question 15

What were the main property law statutes of 1925?

Question 16

Equitable remedies are much more flexible than remedies at law.

Question 17

Does the common law apply a broad brush approach to situations?

Question 18

Is specific performance about punishing the defaulting party?

Question 19

Do courts apply either law or equity?

Question 20

Which of these is not an equitable maxim?

A)The law follows equity
B)He who comes to equity must come with clean hands
C)Equity looks at the intent and not the form
D)Equity looks on that as done which ought to be done

Question 21

Does equity ever operate on a first come, first served basis?

Question 22

Which of these characterises equity?

A)fair
B)stringent
C)harsh
D)just

Question 23

Which of these are equitable remedies?

A)specific performance
B)damages
C)Injunction

Question 24

Why has trial by jury been all but abolished in civil matters today?

A)lack of certainty
B)possibility of bribery
C)risk of finding out facts before the trial took place
D)cost

Question 25

Which section of the Law of Property Act 1925 defines land?

Question 26

Name a case where 'equity looks on that as done which ought to have been done'.