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Question 1

What is a maxim of equity?

a) A general truth or rule of conduct

b) A key principle that underlines the exercise of legal jurisdiction

c) A general basis around which much of the law of equity has formed

d) A general ethical statement

Question 2

The equitable maxim 'He Who Comes to Equity Must Come with Clean Hands' means that:

a) The claimant must not base his/her claim on an illegality or wrongful act

b) The claimant must be of good character

c) The claimant must not be guilty of any wrongdoing

d) The claimant must be more honest than the defendant

Question 3

The equitable maxim 'Equity Follows the Law' means that:

a) Equity must always abide by the legal rule

b) Equity may set aside any common law rule

c) Equity may intervene whenever justice requires it

d) Equity will ensure as far as possible that its own rules are in line with the common law rules

Question 4

The equitable maxim 'Equity Acts in Personam' means that:

a) The property in dispute must be in England or Wales

b) The defendant must be within England or Wales

c) Equity may only act against people

d) Equity cannot be enforced outside England or Wales

Question 5

The effect of the equitable maxim 'Equity Sees as Done That which Ought to be Done' is shown in Walsh v Lonsdale (1882) 21 LR Ch D 9. The lease in that case was enforceable because:

a) Legal formalities do not have to be observed

b) An invalid lease is enforceable in equity

c) A legally enforceable contract may be enforced by specific performance

d) The payment of rent is more important than legal formalities

Question 6

The equitable maxim 'Those Who Come to Equity must do Equity' means:

a) The claimant must conduct the litigation fairly

b) The claimant must abide by court directions as to their future conduct

c) The claimant must not be guilty of any wrongdoing towards the defendant

d) The claimant must be of good character

Question 7

Allcard v Skinner 1886-1890 All ER Rep 90 is an example of the equitable maxim 'Delay Defeats Equity'. The claimant (plaintiff) was allowed to bring her case because:

a) She was within the six year time limit

b) This was a case of undue influence

c) She was very young when she handed over her property

d) She had not delayed so long as to make the defendant think that they could keep the property

Question 8

What is the significance of a bona fide purchaser of a legal estate without notice?

a) They are able to make a binding contract

b) They are not bound by equitable interests or claims

c) They are not bound by earlier equitable interests or claims

d) They hold the legal estate

Question 9

Why was the declaration of trust in Midland Bank plc v Wyatt 1995 1 FLR 696 regarded as of no effect?

a) Because Mr Wyatt never intended to act upon it

b) Because Mr Wyatt was trying to defraud his creditors

c) Because Mrs Wyatt did not understand what had been done

d) Because Mr Wyatt had taken mistaken legal advice

Question 10

The equitable maxim 'Equity will not Suffer a Wrong without a Remedy' means that:

a) Equity will always grant a remedy

b) Equity will ignore the common law

c) Equity may create new rights and remedies

d) Equity will devise and shape its remedy to fit new circumstances

Oxford University Press, Online Resource Centre, Chapter 02.

Chapter 02

Instructions