Deck 17: Equitable Remedies and Proprietary Estoppel

Question 1

To claim an equitable remedy, the claimant must show that common law damages will not be an adequate remedy in their own right.

Answer 1

True

Question 2

Which section of the Wills Act 1837 provides that no will can be valid unless it is in writing, signed by the testator and witnessed by at least two witnesses present at the same time?

Answer 2

No Answer.

Question 3

Name a situation where it may not be worthwhile for a beneficiary to bring an action against the trustee for breach of trust?

Answer 3

No Answer.

Question 4

Aside from an action against the trustee for breach of trust, how else can the beneficiary recover what they are owed?

Question 5

Which section of the Law of Property Act 1925 provides that constructive trusts do not need to be evidenced in writing?

Question 6

In which two situations did Lord Bridge in Lloyds v Rosset (1991) 1 AC 107 state that a constructive trust could arise?

Question 7

How much detrimental reliance is needed for the non-legally owning party to establish a constructive trust?

Question 8

Which case held that when establishing a Lloyds Bank v Rosset 'category two' trust, the non-legally owning party must establish a common intention to share the property by conduct?

Question 9

Name a case that demonstrated the courts are prepared to take a relatively wide view of contributions which may show evidence of conduct upon which this type of trust may be based.

Question 10

What was held to be a direct contribution to the purchase price in Midland Bank plc v Cooke (1995) 27 HLR 733?

Question 11

What is the doctrine of laches?

Question 12

What requirements need to be proven in order for the claimant to utilise proprietary estoppel to establish an interest in land?

Question 13

In which case was it held that the words relied on for a proprietary estoppel claim could not be too general and must relate to the specific property in question?

Question 14

Which case held that a promise on the part of the defendant did not have to be irrevocable?

Question 15

What (in the view of Scarman LJ in Crabb v Arun District Council) is the appropriate remedy if a proprietary estoppel claim is successful?

Question 16

How do secret trusts differ from half secret trusts?

Question 17

What are secret trusts?

Question 18

What was the original test for constitution of a trust?

Question 19

Specific performance is an order of the court to one party to a contract that the party must adhere to the terms of a contract.

Question 20

Rescission is an equitable remedy which enables both parties to a contract to be restored to their pre-contract positions in the event that one party commits a repudiatory breach of contract.

Question 21

The court will never allow mistakes to be changed in documents.

Question 22

Equitable remedies are only awarded in exceptional circumstances, when an award of damages at common law would not adequately compensate the claimant.

Question 23

Proprietary estoppel is an equitable cause of action that enables a claimant to claim an interest in property.

Question 24

It was held in Thorner v Major (2009) 1 WLR 776 that a combination of the defendant's conduct and the requisite assurances on which the claimant could rely could be sufficient for a proprietary estoppel claim.

Question 25

In Cobbe v Yoeman's Row (2008) 1 WLR 1752 the court insisted that the rigid requirements to establish a claim in proprietary estoppel must be proven.

Question 26

In Thorner v Major, Lord Neuberger thought in many circumstances it would be difficult to establish detrimental reliance upon an assurance.

Question 27

Detrimental reliance was found not in Inwards v Baker (1965) 2 QB 29 as the Court of Appeal held that the son should have realised that his father was joking when he assured him that it would be acceptable to construct the property.

Question 28

Detrimental reliance can only come after the representation.

Question 29

Was the claimant in Pascoe v Turner (1979) 1 WLR 431 awarded what she expected to receive?

Question 30

Which case stated that an assurance arising from conduct alone would be enough for proprietary estoppel?

A)Crabb v Arun District Council
B)Gillett v Holt
C)Cobbe v Yoeman's Row
D)Taylor v Dickens

Question 31

Which of these are types of injunction?

A)Prohibitory
B)Mandatory
C)quia timet
D)search orders
E)freezing orders

Question 32

What does constitution of a trust mean?

Question 33

What is meant by 'equity will not assist a volunteer'?

Question 34

What did Lord Scott in Thorner v Major consider as the appropriate remedy to suit the facts of the case?