PPL423 TMA

 

Q1 Which of the following is not possible?
A beneficiary can also be a trustee
A beneficiary can also be the settlor
A beneficiary can also be the testator
A trustee can also be the settlor

Q2 The equitable maxim ‘Equity Acts in Personam’ means that:
The property in dispute must be in Nigeria
The defendant must be within Nigeria
Equity may only act against people
Equity cannot be enforced outside Nigeria

Q3 Lord Ellesmere was
Chief Justice
Chancellor
Bishop of london
King’s Adviser

Q4 Which of the following would not be an appropriate basis to decide the remedy for proprietary estoppel?
The minimum equity to do justice
What the defendant promised
A remedy in proportion to the detriment suffered
Whatever the judge considers just

Q5 The equitable maxim ‘Equity Follows the Law’ means that:
Equity must always abide by the legal rule
Equity may set aside any common law rule
Equity may intervene whenever justice requires it
Equity will ensure as far as possible that its own rules are in line with the common law rules

Q6 Comparing a trust with a contract brings out some of the basic characteristics of trusts. Which of the following is not a characteristic of a trust?
The beneficiaries give no consideration
The beneficiaries have proprietary rights
The beneficiaries may sell their equitable interests
The beneficiaries may enforce the trusts against the settlor

Q7 It has been said, by Lord Denning, among others that ‘Equity is not past the age of child bearing’. What does this mean?
Equity has a jurisdiction to protect women with children
Judge made law must be based on existing precedent and principle
Equity may recognize new rights
Equity must achieve justice in each case

Q8 What is the importance of Lord Eldon?
He was Lord Chancellor for a long time
He established the system of law known as equity
He established a system of precedent in equity
He stopped equity looking for justice and fairness

Q9 The effect of the equitable maxim ‘Equity Regards 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…
Legal formalities do not have to be observed
An invalid lease is enforceable in equity
A legally enforceable contract may be enforced by specific performance
The payment of rent is more important than legal formalities

Q10 Which of the following is, or are, methods to enforce payment of a judgment?
Garnishment
Imprisonment
seizing assets
A and C

Q11 Refer again to the facts set out in Question #11. If MMC opts to ask the court for an equitable remedy such as specific performance or an injunction because of Raymond’s breach, what could prevent MMC from obtaining that remedy?
If Raymond has entered into an agreement to sell his property to another party who has never heard of MMC
If Raymond had entered into the agreement because of some misrepresentation.
Delaying several months before taking legal action against Raymond
All of the above.

Q12 An order for delivery up and cancellation of documents is an extension of the equitable jurisdiction founded upon the administration of a protective or preventive justice
true
false
partially true
partially false

Q13 The Judicature Acts 1873-1875 were of major importance for equity. Which of the following did the Judicature Acts not do?
Fuse the systems of common law and equity
Give statutory effect to the rule that equity prevails over the common law
Establish one court system for both common law and equity
Allow any court to deal with both common law and equity

Q14 _______ has been defined as that imaginary process by which a prior notional conversion is reversed or discharged, and the notionally converted property restored in contemplation of equity to its original actual quality
Reversion
Reconvert
Reconversion
none of the above

Q15 Whenever there is no other fair and practicable basis upon which property may be distributed amongst two or more rival claimants, the court will apply the maxim and divide the property equally between them and this is known as ______
Equity
Fairness
judgment
Equal Division

Q16 Equity was the only jurisdiction exercised in the Chancery
true
false
partially true
partially false

Q17 The essential element that turns a promise into an estoppel is:
Unconscionability
The breaking of the promise
The defendant acting to their detriment
Reliance on the promise

Q18 The equitable maxim ‘Equity will not Suffer a Wrong without a Remedy’ means that…
Equity will always grant a remedy
Equity will ignore the common law
Equity may create new rights and remedies
Equitable remedies are flexible and adaptable

Q19 What is the significance of a bona fide purchaser of a legal estate without notice?
They are able to make a binding contract
They are not bound by equitable interests or claims
They are not bound by earlier equitable interests or claims
They hold the legal estate

Q20 What is the difference between a trust and agency?
Trustees have a fiduciary duty, agents do not
Trustees hold trust property, agents do not
Trustees must not make unauthorized profits, agents may
Trustees may not delegate their duties; agents may

Q21 ________ is a fundamental feature of the remedy of rescission
Proprietary estoppel
Resitutio in integrum
Resitutio in personam
Promissory estoppel

Q22 Prior to 1875, Equity is that body of rules which is administered only by those court which are known as Courts of Equity
true
false
partially true
partially false

Q23 In what case was it held that that notice that comes to the knowledge of a solicitor in a previous transaction cannot be imputed to a purchaser in a subsequent transaction.
Ipaye v. Aribisala (1930) 10 NLR 10
Hummani Ajoke v. A.Y. Oba (1958) W.N.L.R. 208, 210
Okunubi v. Assaf (1951) 13 WACA 226 at 231
Kasumu v. Baba-Egbe (1956) AC 539

Q24 The concept of “unconscionability” has been used in a number of proprietary estoppel cases. Unconscionability:
Is one of the five probanda in Willmott v Barber (1880) 15 Ch D 96
Must be proved to establish a proprietary estoppel
Is irrelevant to a claim of proprietary estoppel
Is a unifying element in the doctrine of proprietary estoppel

Q25 What is a maxim of equity?
A general truth or rule of conduct
A key principle that underlines the exercise of legal jurisdiction
A general basis around which much of the law of equity has formed
A general ethical statement

Q26 How did the Lord Chancellor become a judge?
He dealt with petitions to the king
He administered the court system
He issued writs
He was in charge of medieval government

Q27 When are equitable remedies available?
Equitable remedies are no longer available
Equitable remedies such as injunctions and specific performance are available only from the Court of Appeal.
Equitable remedies such as damages, injunctions and specific performance are available as of right
Equitable remedies, such as injunctions and specific performance, are available only at the Court’s discretion.

Q28 What distinguishes proprietary estoppel from promissory estoppel?
Lord Denning created promissory estoppel, but not proprietary estoppels
Proprietary estoppel only relates to land, promissory estoppels relates to all other types of property
Proprietary estoppel can be the basis of a claim; promissory estoppel may only be a defence
Promissory estoppel requires detriment, proprietary estoppel does not

Q29 The equitable maxim ‘He Who Comes to Equity Must Come with Clean Hands’ means that…
The claimant must not base his/her claim on an illegality or wrongful act
The claimant must be of good character
The claimant must not be guilty of any wrongdoing
The claimant must be more honest than the defendant

Q30 Nwakobi v Nzekwu (1964) 1 WLR 1019 is an example of the equitable maxim ‘Delay Defeats Equity’. The claimant (plaintiff) was allowed to bring her case because…
The case was within the six year time limit
This was a case of undue influence
He was very young when he handed over his property
He had not delayed so long as to make the defendant think that they could keep the property

Q31 What is the importance of the Earl of Oxford’s Case (1615) 1 Ch Rep. 1
It established that fraud would no longer be tolerated in the common law courts
It developed the use of injunctions
It showed the power of the king
It established that equity prevailed over the common law

Q32 What is the importance of Lord Eldon?
He was Lord Chancellor for a long time
He established the system of law known as equity
He established a system of precedent in equity
He stopped equity looking for justice and fairness

Q33 The effect of the equitable maxim ‘Equity Regards 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…
Legal formalities do not have to be observed
An invalid lease is enforceable in equity
A legally enforceable contract may be enforced by specific performance
The payment of rent is more important than legal formalities

Q34 Which of the following is, or are, methods to enforce payment of a judgment?
Garnishment
Imprisonment
seizing assets
A and C

Q35 Judicature Acts 1873-1875 abolished all superior courts and estblished how many court divisions
2
3
4
5

Q36 The principles of conscience are, however, vague and uncertain and unless they are guided within well-defined limits, they soon lead to a system of justice based soley upon individual and autocratic discretion.
true
false
partially true
partially false

Q37 Jeffrey Hackney is know for_____
A law Lord
Author of Understanding and trust
Chancellors
A judge

Q38 Which of the following would not be an appropriate basis to decide the remedy for proprietary estoppel?
The minimum equity to do justice
What the defendant promised
A remedy in proportion to the detriment suffered
Whatever the judge considers just

Q39 The equitable maxim ‘Equity Follows the Law’ means that:
Equity must always abide by the legal rule
Equity may set aside any common law rule
Equity may intervene whenever justice requires it
Equity will ensure as far as possible that its own rules are in line with the common law rules

Q40 Comparing a trust with a contract brings out some of the basic characteristics of trusts. Which of the following is not a characteristic of a trust?
The beneficiaries give no consideration
The beneficiaries have proprietary rights
The beneficiaries may sell their equitable interests
The beneficiaries may enforce the trusts against the settlor

Q41 The equitable maxim ‘Those Who Come to Equity must do Equity’ means…
The claimant must conduct the litigation fairly
The claimant must abide by court directions as to their future conduct
The claimant must not be guilty of any wrongdoing towards the defendant
The claimant must be of good character

Q42 Proprietary estoppel or equitable estoppel gives rise to a permanent modification of the rights of the parties and those of their succesors in title and law.
true
false
partially true
totally false

Q43 It was held in ______that if Personal estate is bequeathed upon trusts for conversion into land to be held on trusts the purpose of which partially fail, the lapsed part of land purchased before or after the failure goes to the next-of-kin as real estate.
Defries v. Milne (1913) 1 Ch. 98 at 110-111,
G.B. Ollivant & Co. v. Effioms Transport (1934) 2 W.A.C.A. 91
Garnham v. Skipper (1885) 55 L.J. Ch. 263.
Curteis v. Wormald (1878) 10 Ch.D. 172

Q44 The concurrent intention of the parties must remain unaltered up till the moment
One of the Parties Dies
The contract is discharged
Of execution of the intented contract which must be intented by both parties
Of execution of the document which must have been intented to effect the antecedent agreement

Q45 Equity took a more lenient view in the case of _________ that an executor would not be liable for the loss of the testator’s assets, without default in him
Crosse v. Smith (1806) 7 East. 246
Job v. Job (1877) 6 Ch.D. 562
Walsh v. Lonsdale (1882) 21 Ch.D. 562
Savage v. Sarrough (1937) 13 N.L.R. 141

Q46 The Common Law Procedure Acts of ____ , ____ and ____ empowered common law courts to exercise certain jurisdictions originally peculiar and exclusive to the chancery.
1852,1954,1856
1861,1863,1865
1852,1854,1860
1861,1863,1870

Q47 English law and doctrines of Equity were introduced into Nigeria by means of local legislation. The first of such legislations was Ordinance No.1 of 1863
true
false
partially true
none of the above

Q48 Cardinal Wolsey was
The Arch-bishop of london
Law Lord
Chancellors
Kind’s Adviser

Q49 Before 1875, The jurisdiction of the Chancery in granting reliefs to the various petitions was based on
conscience
reason
justice in the administration of law
all of the above

Q50 The sole purpose of equitable intervention by way of rectification is to
ensure that the true intention of parties to an agreement pervails and that persupposes a subsisting agreement, where the agreement is no longer in existence, rectifiction will be purposeless and will not be granted
ensure that an instrument which is intended to give expression to the intention of parties is in fact in conformity with that intention
ensure substantial justice between the parties
ensure that the principles of equity do not fall behind society’s immediate needs and aspirations

Q51 An order for delivery up and cancellation of documents is an extension of the equitable jurisdiction founded upon the administration of a protective or preventive justice
true
false
partially true
partially false

Q52 The Judicature Acts 1873-1875 were of major importance for equity. Which of the following did the Judicature Acts not do?
Fuse the systems of common law and equity
Give statutory effect to the rule that equity prevails over the common law
Establish one court system for both common law and equity
Allow any court to deal with both common law and equity

Q53 _______ has been defined as that imaginary process by which a prior notional conversion is reversed or discharged, and the notionally converted property restored in contemplation of equity to its original actual quality
Reversion
Reconvert
Reconversion
none of the above

Q54 Whenever there is no other fair and practicable basis upon which property may be distributed amongst two or more rival claimants, the court will apply the maxim and divide the property equally between them and this is known as ______
Equity
Fairness
judgment
Equal Division

Q55 Equity was the only jurisdiction exercised in the Chancery
true
false
partially true
partially false

Q56 In Fagbemi v. Aluko (1968) 1 All NLR 233 at 237, that “in considering the equitable doctrine of laches, the courts does not act only on the delay by the plaintiff, but must also consider _________ and __________
the Act of the defendant and any change of position that has occured on the defendants part
acquiscence on the plaintiff’s part and overriding public interest
any change of position that has occured on the defendants part and acquiscence on the plaintiff’s part
none of the above

Q57 In what case was it held that that notice that comes to the knowledge of a solicitor in a previous transaction cannot be imputed to a purchaser in a subsequent transaction.
Ipaye v. Aribisala (1930) 10 NLR 10
Hummani Ajoke v. A.Y. Oba (1958) W.N.L.R. 208, 210
Okunubi v. Assaf (1951) 13 WACA 226 at 231
Kasumu v. Baba-Egbe (1956) AC 539

Q58 The concept of “unconscionability” has been used in a number of proprietary estoppel cases. Unconscionability:
Is one of the five probanda in Willmott v Barber (1880) 15 Ch D 96
Must be proved to establish a proprietary estoppel
Is irrelevant to a claim of proprietary estoppel
Is a unifying element in the doctrine of proprietary estoppel

Q59 What is a maxim of equity?
A general truth or rule of conduct
A key principle that underlines the exercise of legal jurisdiction
A general basis around which much of the law of equity has formed
A general ethical statement

Q60 How did the Lord Chancellor become a judge?
He dealt with petitions to the king
He administered the court system
He issued writs
He was in charge of medieval government

Q61 What is the importance of Lord Eldon?
He was Lord Chancellor for a long time
He established the system of law known as equity
He established a system of precedent in equity
He stopped equity looking for justice and fairness

Q62 The effect of the equitable maxim ‘Equity Regards 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…
Legal formalities do not have to be observed
An invalid lease is enforceable in equity
A legally enforceable contract may be enforced by specific performance
The payment of rent is more important than legal formalities

Q63 Which of the following is, or are, methods to enforce payment of a judgment?
Garnishment
Imprisonment
seizing assets
A and C

Q64 Refer again to the facts set out in Question #11. If MMC opts to ask the court for an equitable remedy such as specific performance or an injunction because of Raymond’s breach, what could prevent MMC from obtaining that remedy?
If Raymond has entered into an agreement to sell his property to another party who has never heard of MMC
If Raymond had entered into the agreement because of some misrepresentation.
Delaying several months before taking legal action against Raymond
All of the above.

Q65 The Marathon Mining Corp. (MMC) believes that a vein of gold runs under their property and continues under three neighbouring properties. MMC enters into agreements to purchase the three properties. When Raymond, the owner of property #2—that lies between properties #1 and #3—realizes why MMC wants to buy the properties, he decides that the selling price for his property is too low, and advises MMC that he will not complete the deal. What should MMC do?
Sue Raymond in breach of contract for damages
Renegotiate the deal with Raymond
Sue Raymond for an injunction
Sue Raymond for an order of specific performance

Q66 Why are courts more likely to award the remedy of an injunction, over the remedy of specific performance?
Injunctions are an older remedy and more familiar to the courts
Many orders of specific performance would require court supervision, while courts generally are not required to supervise an injunction
Many injunctive orders would require court supervision, while courts generally are not required to supervise an order of specific performance.
When the conduct of the defendant is reprehensible, the court would order an injunction, but not specific performance

Q67 Henri is a professional hockey player of great skill. He has been the highest scorer on his team, the Regina Wildcats for three straight years. After his second year, he signed a contract pursuant to which he was to play hockey exclusively for the Wildcats for 4 years for an annual salary of N500 000 per year. At the time he signed the contract it seemed lucrative, but now after establishing himself as a star, he believes he is drastically underpaid compared with others in the league and he decides not to play for the Wildcats in the third year of his contract unless the team agrees to give him a raise. The Wildcats recognize they need their star player, but believe that a contract is a contract. They launch a lawsuit against Henri for breach of contract asking the court for the remedy of specific performance. What will be the court’s response?
To deny the Wildcats any remedy
To deny the request for specific performance but to grant an injunction
To grant the specific performance remedy
To deny the request for specific performance as this is a personal services contract

Q68 Randy contracted to sell to Ellen the beef from 10 of his cattle, cut into steaks. The contract provided that the meat would be delivered in two equal installments on May 1 and June 1. When the first installment was delivered, Ellen refused the meat saying it was not good enough quality to serve to her restaurant customers. The meat was returned to Randy’s storehouse. If Randy sues Ellen for breach of contract, what should he do or ask for?
Ask for expectation damages
Ask for rescission since neither side has performed
Sell the meat to another buyer to mitigate the losses
Ask for general damages

Q69 Which one of the following statements is false?
Specific performance is an equitable remedy
Specific performance is a court order to the party in breach of contract to perform his obligations under the contract
Where damages would be an adequate remedy specific performance will not be granted
Specific performance may be awarded if one party fails to carry out his contract of employment

Q70 Which of the following is a common law remedy?
Injunction
Specific performance
Damages
Penalty.

Q71 Which of the following is not a requirement for satisfaction of a debt by a legacy to apply?
Legacy must be equal to or exceed the amount of the debt
The legacy must be as beneficial as the debt
There must be no contrary intention in the will
The will must pre-date the debt

Q72 Which one of the following cases established that promissory estoppel can only be used as a form of defence and not a cause of action?
Hughes v Metropolitan Railway Co (1877).
Combe v Combe (1951
Williams v Roffey (1990).
Re Selectmove Ltd (1995).

Q73 Which one of the following is not clearly necessary in order to rely on the doctrine of promissory estoppel?
There must be a clear promise not to enforce full legal rights.
It would be inequitable for the promisor to go back on what was promised.
The promisee must have acted in reliance on the promise
The promisee must have acted in reliance on the promise to their detriment.

Q74 Which one of the following cases did not involve an issue of waiver or promissory estoppel?
Hughes v Metropolitan Railway Co (1877).
Central London Property Trust Ltd v High Trees House Ltd (1947
Hartley v Ponsonby (1857).
Re Selectmove Ltd (1995).

Q75 Andy and Nnamdi are neighbours. Nnamdi’s dog barks in the night and prevents Andy and his family from sleeping at night. Andy has talked with Nnamdi on several occasions about the disturbance. Keith did not take any measures to prevent the dog from barking throughout the night. Andy has sued Keith to enjoin the disturbance. The likely result is that an injunction will be:
prohibition
mandamus
permanent nuisance
unjust enrichment

Q76 What is the meaning of the word ‘equity’?
The ability to make exceptions to the legal rule
A body of law developed by the Court of Chancery
Fairness
A share in a company

Q77 Which remedies are only available through the application of equity law?
Declaration.
Injunction and specific performance.
Damages.
Damages and injunctions

Q78 When are equitable remedies available?
Equitable remedies are no longer available
Equitable remedies such as injunctions and specific performance are available only from the Court of Appeal.
Equitable remedies such as damages, injunctions and specific performance are available as of right
Equitable remedies, such as injunctions and specific performance, are available only at the Court’s discretion.

Q79 What distinguishes proprietary estoppel from promissory estoppel?
Lord Denning created promissory estoppel, but not proprietary estoppels
Proprietary estoppel only relates to land, promissory estoppels relates to all other types of property
Proprietary estoppel can be the basis of a claim; promissory estoppel may only be a defence
Promissory estoppel requires detriment, proprietary estoppel does not

Q80 The equitable maxim ‘He Who Comes to Equity Must Come with Clean Hands’ means that…
The claimant must not base his/her claim on an illegality or wrongful act
The claimant must be of good character
The claimant must not be guilty of any wrongdoing
The claimant must be more honest than the defendant

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