Classic Classic Quiz The Equitable Proprietary Claim and Tracing by Diamondsareforever Diamondsareforever 35 played - 11 yrs ago A quiz about English trusts law on the equitable proprietary claim and tracing QUIZ 21 QUESTIONS hard English 1 In which case was the trust property traceable into its new form? Hendy Lennox v Grahame PuttickBorden v Scottish Timber ProductsRe Hallets EstateAgip Africa v JacksonIndian Oil Corp v Greenstone 2 In which case was the property not traceable into its new form? Hendy Lennox v Grahame PuttickRe Hallets EstateBorden v Scottish Timber ProductsAgip Africa v JacksonIndian Oil Corp v Greenstone 3 What is the pari passu rule? Where you can trace into a product it is treated as original propertyThat there is a homogenous mixture of moneyThat where the recipient is an innocent volunteer you cannot traceWhere there is a fungible can claim proportionate share of mixtureThere where the wrongdoer mixes money from different funds you cannot trace 4 Which case held that the pari passu rule applies to negative and positive gains/losses? Glencore Int v Metro Trading IntIndian Oil Corp v GreenstoneClaytons CaseBarlow Clowes International v VaughanRussell-Cooke Trust Company v Prentis 5 What is the exception to the pari passu rule? GoldBank accountsOilSharesLottery Tickets 6 Which case gave rise to the first in first out rule Indian Oil Corp v GreenstoneClaytons caseGlencore Int v Metro Trading IntBarlow Clowes International v VaughanRussell-Cooke Trust Company v Prentis 7 Which case thought that the pari passu rule would be fairer than the first in first out rule? Claytons CaseRussell-Cooke Trust Company v PrentisCommerzbank Aktiengesellschaft v IMB MorganBarlow Clowes International v VaughanRe Hallet 8 Which cases held that the rule first in first out rule won't be applied if it is unfair? Claytons Case & Re HalletRussell-Cooke Trust Company v Prentis & Commerzbank Aktiengesellschaft v IMB MorganRe Oatway & Re TilleyShalson v Russo & Roscoe v WinderRoscoe v Winder & Space Investments v Canadian Imperial Bank 9 What is a fungible? Something where each unit cannot be distinguished from anotherA type of investmentThat you don't apply something where it would lead to unfair resultsWhere several rules applyAn innocent party 10 Which case held that there is a presumption against a wrongdoer? Re OatwayRe TilleyRe HalletShalson v RussoRoscoe v Winder 11 Which case held that the money taken out first to invest was the trust money? Re OatwayRe TilleyShalson v RussoRoscoe v WinderSpace Investments v Canadian Imperial Bank 12 Why was the trust property not traceable into the houses in Re Tilley? Because there was a presumption of honestyBecause the money taken out first was the trust moneyBecause T was not dishonestBecause there was always enough money in account to cover trust propertyBecause there was a presumption against the wrongdoer 13 Which case created the lowest intermediate balance rule? Space Investments v Canadian Imperial BankBishopsgate Investment Management v HomanSerious Fraud Office v Lexi HoldngsSinclair Investments v Versailles Trade FinanceRoscoe v Winder 14 Which case rejected the swollen assets theory? Space Investments v Canadian Imperial BankRe Goldcorp ExchangeBishopsgate Investment Management v HomanSerious Fraud Office v Lexi HoldingsSinclair Investments v Versailles Trade Finance 15 Which two cases could be interpreted as swollen assets theory? Serious Fraud Office v Lexi Holdings & Sinclair Investments v Versailles Trade FinanceRe Goldcorp Exchange & Space Investments v Canadian Imperial BankBishopsgate Investment Management v Homan & Foskett v McKeownRe Hallett & Re OatwayRe Diplock & Lipkin Gorman v Karpnale 16 Which case suggested that swollen assets theory should exist? Bishopsgate Investment Management v HomanSpace Investments v Canadian Imperial BankRe Goldcorp ExchangeFoskett v McKeownRe Diplock 17 Which case held that you cannot have backwards tracing? Foskett v McKeownRe DiplockBishopsgate Investment Management v HomanLipkin Gorman v KarpnaleSinclair v Brougham 18 What was the trust money used to pay for in Foskett v McKeown? Life insuranceGoldOilA carShares 19 What was the trust money spent on in Lipkin Gorman v Karpnale? CruiseCarSharesPropertyGambling 20 In which case was a fiduciary duty constructed? Westdeutsche Landesbank v Islington BCPapmichael v National Westminster BankCommerzbank Aktiengesellschaft v IMB MorganChase Manhatten v Israel British BankHendy Lennox v Grahame Puttick 21 Which case suggested that for stolen property there should be a proprietary claim? Chase Manhatten v Israel British BankWestdeutsche Landesbank v Islington BCPapmichael v National Westminster BankCommerzbank Aktiengesellschaft v IMB MorganHendy Lennox v Grahame Puttick A mistake in this Quiz ? Contact the author Commentaires