Suits in Chancery Part 1 Chapter 4

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Questions and Answers

What are the two kinds of notice?

Actual and constructive (correct)

Presumed and derived

Personal and business

Positive and negative

When is notice to an agent considered notice to the principal?

When noticed to his principal (correct)

When noticed to the agent's colleagues

When noticed to the agent's family

When noticed to the agent's friends

What is the effect of being put on inquiry?

The party is not charged with any notice

The party is charged with actual notice

The party is charged with negative notice

The party is charged with constructive notice (correct)

What are some of the circumstances from which actual notice may be inferred?

Close relationship, great inadequacy of price, and knowledge of visible objects Signup and view all the answers

A purchaser with notice of another's rights is bound in good conscience to hold the property subject to those rights because

It is a moral obligation Signup and view all the answers

A person who acquires title to property without any notice of another's equity can hold the property

Without any obligations Signup and view all the answers

If a purchaser pays more than the vendor's interest in the property was worth, the purchaser

Assumes the risk Signup and view all the answers

A purchaser with notice of another's rights is liable to the owner of those rights

To the same extent as the person from whom the purchase was made Signup and view all the answers

Which of the following can result in waiver of rights in a legal matter?

Silence or failure to object Signup and view all the answers

What is not necessary for waiver to apply?

Fraudulent intent Signup and view all the answers

What can acquiescence occur when?

An owner allows another person to treat property as their own Signup and view all the answers

What can lackes prevent a court of equity from doing?

Intervening Signup and view all the answers

Which principle prevents a person from denying their own conduct that induced another to act?

Equitable estoppel Signup and view all the answers

What is the purpose of lis pendens in litigation?

To provide notice of ongoing court proceedings Signup and view all the answers

Under what conditions does lis pendens have an effect in litigation?

When the suit is prosecuted in good faith and with reasonable diligence Signup and view all the answers

Who can be bound by estoppel if their conduct is fraudulent and injurious to the other party?

Married women Signup and view all the answers

Study Notes

Key Principles of Estoppel and Acquiescence in Litigation

Litigation is necessary to prevent indefinite prolongation of disputes caused by successive alienations of property.
Lis pendens provides notice to the world about ongoing court proceedings.
Lis pendens operates as notice from the service of a subpoena or other process after the filing of the bill.
The suit must be prosecuted in good faith and with reasonable diligence for lis pendens to have an effect.
Lis pendens provides notice of everything in the pleadings relevant to the issue or relief sought.
The specific property involved in the suit must be clearly identified in the pleadings to warn others not to interfere.
Equitable estoppel prevents a person from repudiating their own conduct that induced another to act.
Estoppel is based on three maxims: one, the one who caused the loss must bear it; two, no one can benefit from their own wrongdoing; three, a person cannot allege something contrary to their previous statements.
Estoppel applies when someone intentionally misleads another about their interest in an estate.
Married women can be bound by estoppel if their conduct is fraudulent and injurious to the other party.
Infants can also be bound by estoppel if disavowing their conduct would be fraudulent.
Acquiescence occurs when a party with full knowledge of their rights ratifies or confirms a voidable transaction or freely and deliberately accepts benefits from it.

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Description

Test your knowledge on the key principles of estoppel and acquiescence in litigation with this quiz. Learn about lis pendens, equitable estoppel, and the maxims underlying estoppel. Explore how married women and infants can be bound by estoppel, and understand the concept of acquiescence in relation to voidable transactions.