Equity and Trusts Flashcards (66 cards)

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1Question

Who traditionally received petitions against rigid common-law remedies in the Middle Ages?

Answer

The Lord Chancellor.

2Question

What title is traditionally given to the Lord Chancellor?

Answer

Keeper of the King’s conscience.

3Question

By which centuries had the Court of Chancery developed a distinct jurisdiction?

Answer

By the fourteenth and fifteenth centuries.

4Question

When did the Court of Chancery intervene against strict common-law rights?

Answer

When such rights were contrary to conscience.

5Question

Which Acts reorganised courts to administer common-law and equity together?

Answer

The Judicature Acts 1873 and 1875.

6Question

What was the purpose of the Judicature Acts 1873 and 1875?

Answer

To administer common-law and equitable principles within the same court structure.

7Question

What is a trust in equity law?

Answer

A relationship where property is vested in trustees for beneficiaries' benefit.

8Question

What must be the subject matter of a trust?

Answer

Property, commonly legal ownership of land or invested funds.

9Question

Who is not bound by a beneficiary’s interest in a trust?

Answer

A bona fide purchaser for value without notice of the beneficial interest.

10Question

What are the three pillars of modern equity?

Answer

Equitable maxims, equitable remedies, and trusts.

11Question

What is an injunction in equity?

Answer

An equitable remedy ordering a person to do or stop doing something.

12Question

What does specific performance require a party to do?

Answer

Carry out contractual obligations.

13Question

What does rescission seek to do in a contract?

Answer

Set the transaction aside and restore parties to their pre-contract position.

14Question

Who deliberately creates a trust usually through a trust instrument?

Answer

The settlor.

15Question

What title does the trustee hold in a trust?

Answer

Legal title.

16Question

What duties must a trustee fulfill towards the beneficiary?

Answer

Fiduciary duties to act in the beneficiary’s best interests.

17Question

For whom must a trust be created to be valid?

Answer

A human beneficiary who can enforce the trust obligation.

18Question

What type of title does the beneficiary receive in a trust?

Answer

Equitable title, a personal right in personam operating through the doctrine of notice.

19Question

What does unconscionability concern in legal terms?

Answer

Conduct or circumstances so unfair that equity may prevent benefit exploitation.

20Question

Which three elements may combine to give rise to unconscionability?

Answer

Assurance, reliance, and detriment.

21Question

What made it unconscionable to deny Thorner’s inheritance expectation?

Answer

Family context, repeated assurances, and long-term reliance.

22Question

Which case involved unconscionability due to family assurances and reliance?

Answer

Thorner v Major, 2009.

23Question

Why did the claim fail in Cobbe v Yeoman’s Row Management Ltd [2008]?

Answer

Because the experienced developer knew no binding contract existed and accepted the risk.

24Question

What distinguishes statutory trusts from express trusts?

Answer

Statutory trusts are created by Parliament legislation, express trusts by settlor or testator.

25Question

What three requirements must an express trust meet?

Answer

Intention to create, valid declaration, and proper constitution.

26Question

What defines a fixed trust?

Answer

The settlor or testator decides who receives what.

27Question

What power does a discretionary trust give the trustee?

Answer

To decide which beneficiaries receive property and when or how much.

28Question

What characterizes a bare trust regarding the beneficiary's rights?

Answer

The beneficiary can call for transfer of the legal estate at any time.

29Question

What happens to the beneficial interest in a resulting trust?

Answer

It returns to the person who provided the property.

30Question

How does a constructive trust arise?

Answer

By operation of law to prevent unconscionable retention of a benefit.

31Question

What must create a testamentary trust under the Wills Act 1837?

Answer

A validly executed will.

32Question

What formality does an inter-vivos declaration of trust of personal property require?

Answer

Generally no formality is required.

33Question

What formality must a declaration of trust of land satisfy?

Answer

Section 53(1)(b) of the Law of Property Act 1925.

34Question

What does section 53(1)(c) of the Law of Property Act 1925 require for disposition of an existing equitable interest?

Answer

It must be in writing and signed by the disposer or authorised agent.

35Question

What does constitution assess in creating a trust?

Answer

Whether the necessary steps to create the intended trust have been completed.

36Question

What do formalities check in trust creation or disposition?

Answer

Whether statutory requirements governing creation or disposition have been satisfied.

37Question

How can a settlor constitute a trust?

Answer

By declaring they hold the property on trust or transferring it to another as trustee.

38Question

What are the three methods for an effective gift or trust under Milroy v Lord (1862)?

Answer

Outright transfer to donee, transfer to trustees, or self-declaration of trust.

39Question

Which case established the three methods for effective trust constitution?

Answer

Milroy v Lord, 1862.

40Question

What is the orthodox rule about equity perfecting an imperfect gift?

Answer

Equity will not perfect an imperfect gift by construing it as a declaration of trust.

41Question

Which case established that equity may treat a transfer as complete if the donor did everything possible?

Answer

Re Rose [1952].

42Question

Under Re Rose [1952], when can equity treat a transfer as complete?

Answer

When the donor has done everything within their power to transfer the property despite a third party completing legal steps.

43Question

What makes a disposition of an existing equitable interest void?

Answer

Failure to comply with section 53(1)(c) of the Law of Property Act 1925.

44Question

How did Hudson v Hathway [2022] interpret an email signature?

Answer

An email with the sender’s name can satisfy the signature requirement if intended to authenticate.

45Question

What did Grey v IRC [1960] say about a beneficiary’s direction to transfer beneficial interest?

Answer

It was a disposition requiring writing under section 53(1)(c).

46Question

How did Vandervell v IRC (No. 1) [1967] differ regarding transfer of legal title?

Answer

The direction extinguished the trust and did not require section 53(1)(c) formalities.

47Question

What should a trust problem question identify first?

Answer

Where the proprietary interest is moving.

48Question

What is the second step in analysing a trust problem question?

Answer

Classify the transaction.

49Question

What must be applied after classifying the transaction in a trust problem?

Answer

The relevant law and any equitable exception.

50Question

What is the final step in solving a trust problem question?

Answer

Reach a conclusion.

51Question

In which year did the conflict between common law and equity peak?

Answer

1615.

52Question

What case marked the peak conflict between common law and equity?

Answer

The Earl of Oxford’s Case.

53Question

What can a beneficiary’s proprietary interest be used for?

Answer

It can be sold, given away, or disposed of by will.

54Question

What does the clean hands maxim restrict in equity?

Answer

Equitable relief when the claimant’s conduct is improper.

55Question

What does ownership consist of in property law?

Answer

A bundle of incidents including possession, use, management, income, capital, transfer, exclusion, and destruction.

56Question

What does section 53(2) of the Law of Property Act 1925 state about resulting, implied, or constructive trusts?

Answer

Section 53 does not affect their creation or operation.

57Question

What transfer procedure does land generally require?

Answer

A deed.

58Question

What transfer procedure do shares require?

Answer

The relevant statutory transfer procedure.

59Question

What is required to transfer money effectively?

Answer

Effective transfer of ownership or possession.

60Question

What did the father's statement in Jones v Lock (1865) fail to create?

Answer

Neither a valid gift nor a declaration of trust.

61Question

How did Pennington v Waine [2002] extend the approach to imperfect gifts?

Answer

By treating an imperfect gift as effective if it would be unconscionable for the donor to withdraw it.

62Question

What test did Pennington v Waine [2002] fail to satisfy despite treating the gift as effective?

Answer

The strict Re Rose test.

63Question

Which case controversially extended equity's approach to imperfect gifts in 2002?

Answer

Pennington v Waine [2002].

64Question

Why did the WhatsApp name in Reid-Roberts & Anor v Mei-Lin & Anor [2026] fail the signature test?

Answer

Because the sender did not deliberately add it to authenticate the message.

65Question

What distinguishes a disclaimer from a transfer under section 53(1)(c)?

Answer

A disclaimer is an unequivocal rejection operating by avoidance, not a transfer to another person.

66Question

What are the five principal categories for analysing a trust problem?

Answer

Self-declaration, outright transfer, transfer to trustees, disposition of an existing equitable interest, and imperfect transfers.

Test yourself with the quiz

Answer 34 questions on Equity and Trusts.

1. Which distinction correctly compares Grey v IRC [1960] with Vandervell v IRC (No. 1) [1967]?

2. What does an injunction do?

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