Equity and the Law of Trusts Chapter 1 § 2 Quiz

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10 Questions

During which period did the principles of equity begin to become more fixed?

The later seventeenth century

Who held the office of Chancellor during 1672-73?

Lord Shaftesbury

What did the Chancellors begin to say about their discretion?

It should be exercised in accordance with precedent

Which type of remedy was available at common law for the specific recovery of certain interests in land?

Damages

What was the main difference between the remedies available at common law and in equity?

Common law had the power to award damages, while equity did not

Under what circumstances might equity award monetary compensation?

Breach of trust

What did Lord Eldon say about the equity of the court?

Nothing would inflict on me greater pain, in quitting this place, than the recollection that I had done anything to justify the reproach that the equity of this court varies like the Chancellor’s foot

What did Lord Denning say about the Courts of Chancery?

The Courts of Chancery are no longer courts of equity

What did the Court of Appeal say about the creation of new rights and remedies?

The creation of new rights and remedies is a matter for Parliament, not the judges

What did s 4(1) of the Law of Property Act 1925 provide?

After 1925, an equitable interest in land is only capable of being validly created if an equivalent equitable interest in property real or personal could have been created before 1926

Study Notes

Test your knowledge of the historical role and jurisdiction of the Chancellor in this quiz. Learn about the Chancellor's function, qualifications, and relationship to the common law. Find out why the Chancellor was sometimes referred to as the 'Keeper of the King's' and explore the influence of the civil and canon law on their role.

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