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McDonald & Street: Equity & Trusts Law Concentrate 5e

Diagnostic test - where do I need to concentrate?

Instructions

Answer the following questions and then press 'Submit' to get your score.

Question 1

Chapter 1. Which Act was responsible for unifying the administration of the courts of equity and the common law courts?

Question 2

Chapter 1. The equitable maxim 'He who seeks equity must do equity' deals with what type of behaviour?

Question 3

Chapter 2. Which of the following creates a discretionary trust?

Question 4

Chapter 2. Which is the correct statement in relation to statutory trusts?

Question 5

Chapter 3. Which of the following items of property do not satisfy the test for certainty of subject matter?

Question 6

Chapter 3. Which of the following authorities would be most appropriate to cite in support of the principle that the test for certainty of objects for fiduciary powers is one of individual ascertainability, i.e. whether it can be said with certainty that any given person is or is not a member of the class?

Question 7

Chapter 4. What is meant by the equitable maxim 'equity will not perfect an imperfect gift'?

Question 8

Chapter 4. How must an equitable interest be disposed of under the Law of Property Act 1925?

Question 9

Chapter 5. If a person wanted to create a trust of land with a third party acting as trustee what legal requirements should they comply with?

Question 10

Chapter 5. Which case illustrates that the disposition of a subsisting equitable interest must be made in writing and that failure to do so makes the transaction void?

Question 11

Chapter 6. Which of the following statements about the public benefit requirement is untrue?

Question 12

Chapter 6. Which of the following statements about charitable trusts is correct?

Question 13

Chapter 7. How has the Perpetuities and Accumulations Act 2009 altered the rules on perpetuities?

Question 14

Chapter 7. Why did Lord Goff in Re Denley's Trust Deed [1969] 1 Ch 373 hold that there was a valid trust.

Question 15

Chapter 8. What is needed for the creation of secret trusts?

Question 16

Chapter 8. Which authority can be used to illustrate that communication must be of the intention to create a trust and the terms of the trust?

Question 17

Chapter 9. Which section of the Law of Property Act 1925 relates to implied trusts?

Question 18

Chapter 9. What examples are given for the creation of an automatic resulting trust?

Question 19

Chapter 10. The case of Saunders v Vautier (1841) is authority for which principle?

Question 20

Chapter 10. Which case led directly to the introduction of the Variation of Trusts Act 1958?

Question 21

Chapter 11. Colin is a trustee of a family trust which includes Bramblebriars, an old cottage which has fallen into disrepair. Colin had lived in the cottage as a child and wishes to purchase the property in order to renovate it as a holiday home for him and his family.
The trust already provides the beneficiaries with an excellent income and Bramblebriars is in such a dilapidated state that it would be wasteful for the trust to spend the money necessary to repair the property. Neither of the beneficiaries has expressed any interest in the cottage.
Which fiduciary obligation is relevant to Colin's plan?

Question 22

Chapter 11. Fred and Daphne are trustees. Unknown to Daphne, Fred takes £10,000 from the trust accounts to purchase a vintage bandana belonging to a famous Hollywood star known for his extensive collection of accessories. Just weeks after his purchase, the star who owned the scarf dies in mysterious circumstances, bringing fresh attention to him and his career. The scarf, which he wore in one of his most famous roles, is now worth £25,000. When Daphne and the beneficiaries discover Fred's action they seek advice from you on what they can claim.

Question 23

Chapter 12. Which statement is a correct summary of the decision in Scottish Equitable v Derby [2000] 3 All ER 793?

Question 24

Chapter 12. What rule can be taken from the case of Roscoe v Winder [1915] 1 Ch 62?

Question 25

Chapter 13. What principle can be taken from the decision in Attn General v Times Newspapers Ltd [1992] 1 AC 191?