Equity and the Law of Trust Chapter 1 § 3 Quiz
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Questions and Answers

Lord Browne-Wilkinson referred to the fusion of which two systems of law?

  • Criminal law and civil law
  • Common law and statutory law
  • Law and equity (correct)
  • Public law and private law
  • Who observed that the opinion of the Judicature Acts fusing law and equity is widely discredited?

  • Lord Millett (correct)
  • Lord Browne-Wilkinson
  • A New Zealand judge
  • The author of the text
  • What has the administration of both law and equity borrowing from each other resulted in?

  • The harmonious development of the law (correct)
  • The separation of law and equity
  • The stifling of both law and equity
  • The fusion of law and equity
  • According to the Judicature Acts 1873 and 1875, which of the following statements is true about the reorganization of the courts?

    <p>Every judge of the High Court had the power to recognize and give effect to either legal or equitable rights.</p> Signup and view all the answers

    What was the effect of section 24(5) of the Judicature Acts?

    <p>It abolished the common injunction.</p> Signup and view all the answers

    In cases where there was a conflict between the rules of equity and the rules of common law, what was the general provision under the Judicature Acts?

    <p>The rules of equity would prevail unless otherwise specified.</p> Signup and view all the answers

    What does section 25(11) of the Acts do?

    <p>It provides that in all courts, where there are conflicting rules, the legal rule is abolished and the equitable rule replaces it for all purposes.</p> Signup and view all the answers

    What is the difference between common law and equity?

    <p>Common law and equity may give different but compatible remedies in some cases.</p> Signup and view all the answers

    What was the common law view before 1875 regarding an agreement for a lease that was not executed?

    <p>The common law view was that the agreement was void and the tenant had no rights.</p> Signup and view all the answers

    What is the orthodox view regarding the fusion of law and equity?

    <p>The orthodox view is that there has merely been a fusion of administration, with law and equity running side by side.</p> Signup and view all the answers

    What was the major purpose of the Supreme Court of Judicature Act 1873?

    <p>To do away with the dichotomy between rules of equity and rules of common law</p> Signup and view all the answers

    What did the Attorney-General state about the Bill in terms of fusion of law and equity?

    <p>The Bill aimed to decline the fusion of law and equity</p> Signup and view all the answers

    What did Mummery LJ state about the Judicature Acts?

    <p>The Judicature Acts intended to achieve procedural improvements in the administration of law and equity in all courts</p> Signup and view all the answers

    What is inconsistent with the idea of the fusion of law and equity?

    <p>The fact that purely equitable rights can still only be enforced by equitable remedies</p> Signup and view all the answers

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    Understanding the Evolution of English Law: Common Law, Equity, and the Supreme Court of Judicature Act 1873 - Test your knowledge on the historical significance and interplay between common law, equity, and the landmark Supreme Court of Judicature Act 1873 in shaping the English legal system.

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