Equity and the Law of Trusts Chapter 1 § 6

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Questions and Answers

Which equitable doctrine treats a vendor under a contract for the sale of land as a constructive trustee for the purchaser?

  • Doctrine of satisfaction
  • Doctrine of Walsh v Lonsdale (correct)
  • Doctrine of ademption
  • Doctrine of conversion

Which equitable maxim puts a favourable construction on what a person has done?

  • Equity treats a person who has entered into an agreement for a lease as an actual lessee
  • Equity acts in personam
  • Equity enforces its decrees by a personal order against the defendant
  • Equity imputes an intention to fulfill an obligation (correct)

In terms of enforcing decrees, what is the consequence of breaching a personal order issued by equity?

  • Contempt of court (correct)
  • Civil liability
  • Loss of jurisdiction
  • Imprisonment

Which of the following statements best describes the maxims of equity?

<p>The maxims of equity are general principles that guide the approach of equity to specific problems. (B)</p> Signup and view all the answers

What is the historical basis for the maxim 'Equity Will Not Suffer a Wrong to Be Without a Remedy'?

<p>The maxim is based on the Chancellor's intervention on grounds of conscience. (D)</p> Signup and view all the answers

How did equity approach the enforcement of trusts?

<p>Equity recognized the legal owner but insisted that they hold the property for the beneficiaries. (D)</p> Signup and view all the answers

Which one of these maxims reflects the idea that equity will depart from the legal rule if it deems the circumstances warrant it?

<p>‘WheretheEquitiesAreEqual,theLawPrevails’ (C)</p> Signup and view all the answers

Which maxim states that a claimant will not obtain relief in equity if their conduct has been improper in relation to the transaction they seek to enforce?

<p>‘HeWhoComesintoEquityMustCome with Clean Hands’ (B)</p> Signup and view all the answers

Which maxim emphasizes that a claimant will not be granted an equitable remedy unless they fulfill their legal and equitable obligations and act fairly towards the defendant?

<p>‘HeWhoSeeksEquityMustDoEquity’ (A)</p> Signup and view all the answers

Which maxim states that equity treats concurrent owners of property as equally entitled in the absence of any provision or agreement?

<p>‘EqualityisEquity’ (C)</p> Signup and view all the answers

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