*
not completed
Which of the following statements most accurately describes the operation of Equity?
Equity is primarily the exercise of judicial discretion and contains very few identifiable rules.
correct
incorrect
Equity has developed its own rules and principles. The court will not dismiss these rules to achieve a fairer result.
correct
incorrect
Equity has developed its own rules and principles. The court is willing to alter and dismiss these rules to achieve a fairer result.
correct
incorrect
Equity is known for its rigidity in being rule-based.
correct
incorrect
*
not completed
'The origins of Equity lie in conscience and fair dealing, but that does not give judges the freedom to act in an unprincipled way.'
True.
correct
incorrect
False.
correct
incorrect
*
not completed
How does England and Wales differ from Australia in the recognition of constructive trusts?
Constructive trusts in England arise through judicial discretion, whereas in Australia the constructive trust arises by virtue of clearly defined principles related to unconscionability.
correct
incorrect
Constructive trusts in England arise by virtue of clearly defined principles related to unconscionability, whereas in Australia the constructive trust arises through judicial discretion.
correct
incorrect
There is no such thing as a constructive trust in Australia.
correct
incorrect
Constructive trusts will only be recognized in England if the circumstances are provided for in statute.
correct
incorrect
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