LandLaw8-Ch12 - Quiz - QUESTIONS AND ANSWERS

Chapter 12 Quiz:
1 Which of the following is not essential for a valid contract for the disposition of an interest in
land?
a) Offer and acceptance.

b) Consideration.
c) All the express terms must be in writing.
d) The writing must be in a single document.
e) The writing must be signed by or on behalf of both parties.
[Answer guide]
The agreement must meet the usual requirements for a contract as well as the
formalities imposed by section 2 of the Law of Property (Miscellaneous Provisions) Act
1989. Pay especially close attention to sections 2(1), 2(2) and 2(3) of the Act.
Answer: d
2 Which of the following equitable maxims gives rise to the remedy of specific performance and the
transfer of the equitable interest upon entering into a valid land contract?
a) Equity follows the law.

b) She who seeks equity must do equity.
c) Equity regards as done that which ought to be done.
d) Equity acts in personam.
[Answer guide]
See Land Law, section 12.3.
Answer: c
3 True or false: the main concern of section 2 Law of Property (Miscellaneous Provisions) Act 1989
is whether it is practicable to discern the terms of the contract so that they can be enforced?
a) True.
b) False.
[Answer guide]
See Land Law, Section 12.4. If this statement were correct, section 2 would focus on the
substance rather than the form of the contract.
Answer: b
4 Which two of the following would be exempt from the formalities of section 2 because of the
provisions of subsection 5?
a) A contract to grant a ten-year lease.

b) A contract to grant a two-year tenancy.
c) A contract to secure a loan on land (create a mortgage).
d) The highest bid at the public auction of a house repossessed by a building society.
e) A contract giving you the right of first refusal if and when I decide to sell my house.
[Answer guide]
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See section 2(5) of the 1989 Act and Land Law, Section 12.4.2(b).
Answer: b and d
5 Which two of the following remedies may enable a person to enforce an agreement, or the
substance of an agreement, that fails to comply with the requirements of s.2?
a) Rectification.
b) Constructive trust.
c) Specific performance.
d) Part performance.
[Answer guide]
See Land Law, sections 12.4.3(c) and (d) and 12.4.5 and United bank of Kuwait v Sahib
[1997] Ch 107 and Yaxley v Gotts [2000] Ch 162.
Answer: a and b
6 Albert and Brenda are in dispute about Albert’s occupation of Brenda's land. Albert wishes to
argue that Brenda is estopped from denying his right to occupy. Which of the following does Albert
not need to establish?
a) His detrimental reliance.

b) That he believed that he had a proprietary right over Brenda's land.
c) That he and Brenda had agreed terms for the occupation of the land.
d) That Brenda knew that Albert mistakenly believed he had a right over her land.
[Answer guide]
See Land Law, Sections 12.4.5 and 14.4. Note that estoppel is based on expectation
rather than any meeting of minds between the parties.
Answer: c
7 After the case of Cobbe v Yeoman’s Row Management Limited [2008] 1 WLR 1752, there is
considerable doubt that the doctrine of ………… can be relied upon to enforce an informal land
contract.
a) part performance.
b) constructive trusts.
c) specific performance.
d) proprietary estoppel.
e) Rectification.
[Answer guide]
See Land Law, section 12.4.5.
Answer: d
8 In which case did Sachs J define an agreement that is ‘subject to contract’ as ‘... a transaction in
which each side hopes the other will act like a gentleman and neither intends so to act if it is
against his material interests’?
a) Godding v Frazer [1967] 1 WLR 286.
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b) James v Evans (2000) 80 P & CR D39, [2001] CP Rep 36.
c) Cobbe v Yeoman’s Row Management Ltd [2008] 1 WLR 1752.
[Answer guide]
These cases are considered in Sections 12.4.2(a)1 and 12.4.5 of Land Law.
Answer: a
9 Which of the following requires the transfer of a legal freehold estate in land to be made in the
form of a deed?
a) Section 1 Law of Property (Miscellaneous Provisions) Act 1989.

b) Section 2 Law of Property (Miscellaneous Provisions) Act 1989.
c) Section 52 Law of Property Act 1925.
d) Section 54 Law of Property Act 1925.
e) Part 8 Land Registration Act 2002.
[Answer guide]
See Land Law, section 12.5.1
Answer: c
10 Nina completed the purchase of the freehold estate in 23 Shadow Road from Ed last month.
Title to the land was unregistered at the time of the transfer. Nina has just discovered that her
solicitor has not applied for the title to the land to be registered. Nina’s solicitor has told her that the
deed of transfer was sufficient to transfer legal title to her for the time being. Is the solicitor
correct?
a) Yes.
b) No.
[Answer guide]
The solicitor is correct, for the moment. However, if he fails to apply for registration
within two months of the date of the transfer, legal title to the land will revert to Ed. See
sections 4-8 of the LRA 2002 and Land Law, Section 12.5.2(a).
Answer: a
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Chapter 12 Quiz:

a) Offer and acceptance.

a) Equity follows the law.

a) A contract to grant a ten-year lease.

a) His detrimental reliance.

a) Godding v Frazer [1967] 1 WLR 286.

a) Section 1 Law of Property (Miscellaneous Provisions) Act 1989.

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