Free MCQs
Principles Of Equity MCQs SET-1
20 min read
Download Equity One Liner Notes PDF
Download Equity All MCQs +One Liner Notes
Also Explore:
There are 2 Sets of MCQs available for Principles Of Equity, you are advised to explore all the sets :
1. The maxim “Equity will not suffer a wrong to be without a remedy” is expressed in Latin as:
a. Actus non facit reum nisi mens sit rea
b. Ubi jus ibi remedium
c. Nemo dat quod non habet
d. Volenti non fit injuria
2. The maxim “Equity will not suffer a wrong to be without a remedy” primarily means:
a. Every crime must be punished
b. Every contract must be enforced
c. No wrong should go without a remedy if it can be addressed by courts
d. Equity follows common law in all situations
3. The maxim “Equity will not suffer a wrong to be without a remedy” indicates:
a. The limitation of equity jurisdiction
b. The narrow scope of equitable remedies
c. The width of the scope and basis of equity
d. The supremacy of criminal law
4. According to this maxim, when the common law confers a right, it also:
a. Abolishes equity jurisdiction
b. Provides a remedy or right of action for its infringement
c. Transfers jurisdiction to criminal courts
d. Eliminates the need for legal procedure
5. The case associated with the application of the maxim “Equity will not suffer a wrong to be without a remedy” is:
a. Donoghue v. Stevenson
b. Rylands v. Fletcher
c. Ashby v. White
d. Carlill v. Carbolic Smoke Ball Co.
6. In Ashby v. White, the plaintiff filed a suit because:
a. He was denied property ownership
b. He was not allowed to vote despite being a qualified voter
c. His contract was breached
d. His goods were wrongfully detained
7. In Ashby v. White, it was held that:
a. Voting is not a legal right
b. Courts cannot interfere in electoral matters
c. If the law gives a man a right, it must provide a remedy for its infringement
d. Only statutory remedies are enforceable
8. Historically, when a document necessary for a plaintiff’s case was in possession of the defendant, the plaintiff sought relief from:
a. Criminal Courts
b. Revenue Courts
c. Chancery Courts
d. Admiralty Courts
9. One limitation of the maxim “Equity will not suffer a wrong to be without a remedy” is when:
a. The wrong involves property
b. There is a breach of only a moral right
c. The case involves contractual rights
d. The plaintiff approaches equity courts
10. Equity will not grant relief where the right and remedy both fall within the jurisdiction of:
a. Criminal Courts
b. Common Law Courts
c. Military Courts
d. Administrative Tribunals
11. Equity may refuse relief where a party has:
a. Properly preserved evidence
b. Filed the case promptly
c. Destroyed or allowed destruction of evidence due to his own negligence
d. Filed the case in a civil court
12. Which statute recognizes the principle that civil courts can entertain all suits unless prohibited?
a. Indian Penal Code
b. Code of Civil Procedure, Section 9
c. Indian Contract Act
d. Transfer of Property Act
13. Which of the following Acts provides equitable remedies such as specific performance and injunctions?
a. Indian Evidence Act
b. Specific Relief Act
c. Sale of Goods Act
d. Partnership Act
14. Which of the following is recognized as providing equitable remedies?
a. Indian Penal Code
b. Specific Relief Act
c. Companies Act
d. Negotiable Instruments Act
15. Which of the following is mentioned as recognizing the maxim “Equity will not suffer a wrong to be without a remedy”?
a. Trust Act
b. Indian Succession Act
c. Motor Vehicles Act
d. Arbitration Act
16. The maxim “Equity follows the law” indicates that:
a. Equity overrides law in all situations
b. Equity ignores the rules of law
c. Equity acts in harmony with the law
d. Equity replaces the common law
17. The maxim “Equity follows the law” reflects the discipline observed by:
a. Criminal Courts
b. Chancery Courts
c. Admiralty Courts
d. Military Courts
18. According to Jekyll, M.R., the discretion of the court is governed by:
a. Personal conscience only
b. Arbitrary judicial powers
c. Rules of law and equity
d. Parliamentary sovereignty
19. Jekyll, M.R. stated that the rules of law and equity are:
a. Always in conflict with each other
b. Completely independent of each other
c. Not to oppose but to be subservient to each other
d. Applicable only in criminal matters
20. According to Maitland, equity came:
a. To destroy the common law
b. To replace statutory law
c. Not to destroy the law but to fulfil it
d. To abolish legal rights
21. Maitland stated that equity came to:
a. Eliminate legal rules
b. Supplement and explain the law
c. Punish offenders
d. Restrict judicial discretion
22. According to the explanation of the maxim, the goal of equity and law is:
a. Completely different
b. The same
c. Opposed to each other
d. Limited to criminal justice
23. The difference between law and equity arose mainly due to:
a. Legislative reforms
b. Their nature and historical accident
c. Parliamentary control
d. Judicial corruption
24. Equity respected:
a. Only equitable rights
b. Only statutory rights
c. Every word of law and every right at law
d. Only moral rights
25. Where the common law was defective, equity:
a. Ignored legal rights
b. Controlled common law rights by recognizing equitable rights
c. Abolished the law
d. Replaced courts with tribunals
26. Snell explained the maxim “Equity follows the law” by stating that equity follows the law:
a. Absolutely and rigidly
b. Only in criminal cases
c. But not slavishly nor always
d. Without any exception
27. Under common law, when a person died intestate owning an estate in fee simple and leaving sons and daughters, the land was inherited by:
a. All children equally
b. The eldest son alone
c. The youngest son
d. The daughters only
28. Under the common law rule of intestate succession mentioned in the text, the eldest son inherited the estate:
a. Along with his siblings equally
b. Along with the daughters only
c. To the exclusion of his younger brothers and sisters
d. Only after court approval
29. Despite the rule being considered unfair, equity courts:
a. Immediately divided the estate equally
b. Refused to grant relief against the legal rule
c. Abolished the rule of inheritance
d. Granted property to daughters only
30. Equity would intervene if the eldest son had:
a. Paid taxes on the estate
b. Induced his father not to make a will by promising to divide the estate
c. Transferred the property to the state
d. Sold the estate before inheritance
31. In the situation where the son promised to divide the estate but later refused, equity would compel him because:
a. Property law required it
b. It would be against conscience to retain the benefit obtained by the promise
c. The father had registered a will
d. The siblings filed a criminal case
32. The principle that equity compelled the son to fulfill his promise was established in:
a. Ashby v. White
b. Donoghue v. Stevenson
c. Stickland v. Aldridge
d. Rylands v. Fletcher
33. In Stickland v. Aldridge, the equitable intervention was based on the idea that:
a. Equity replaces common law
b. Equity ignores inheritance laws
c. It would be unconscionable for the son to retain the legal estate obtained by his promise
d. Only statutory rights are enforceable
34. The example discussed illustrates the maxim:
a. Equity will not suffer a wrong without a remedy
b. Equity follows the law
c. Equity acts in personam
d. Delay defeats equity
35. One limitation of the maxim “Equity follows the law” arises when:
a. The rule of law clearly applies
b. A rule of law does not specifically and clearly apply
c. A statute expressly governs the matter
d. The court follows precedent
36. Another limitation of the maxim “Equity follows the law” occurs when:
a. The rule of law applies directly
b. The rule of law applies through statute
c. Even by analogy the rule of law does not apply
d. The parties agree otherwise
37. According to the text, Bangladesh has not recognized the distinction between:
a. Criminal and civil rights
b. Legal and equitable interests
c. Public and private law
d. Constitutional and statutory law
38. Because Bangladesh has not recognized the distinction between legal and equitable interests:
a. Equity completely replaces law
b. Equity rules can override statutory provisions
c. Equity rules cannot override specific provisions of law
d. Courts may ignore statutory rules
39. According to the text, every suit in Bangladesh must be filed within the:
a. Period fixed by judges
b. Reasonable time decided by courts
c. Limitation period prescribed by law
d. Time agreed by the parties
40. In Bangladesh, a judge cannot create an exception to the limitation period based on:
a. Criminal law
b. Administrative rules
c. Principles of equity
d. Contractual agreements
41. According to the principle mentioned, courts in Bangladesh cannot:
a. Hear civil suits
b. Extend the limitation period on equitable grounds
c. Interpret statutes
d. Enforce contractual rights
42. The rule that equity cannot override limitation law in Bangladesh was affirmed in:
a. Ashby v. White
b. Stickland v. Aldridge
c. Indian Apparnara Sappa Makdam case
d. Donoghue v. Stevenson
43. The maxim “He who seeks equity must do equity” means that:
a. A plaintiff must always win the case
b. A plaintiff seeking equitable relief must be prepared to act fairly towards his adversary
c. Equity is available only in criminal matters
d. Equity overrides all statutory provisions
44. According to the maxim, a plaintiff seeking equitable relief must:
a. Ignore the rights of the defendant
b. Submit to the rights of his adversary
c. Only rely on statutory provisions
d. Prove criminal liability
45. The moral idea behind the maxim “He who seeks equity must do equity” is reflected in:
a. Roman constitutional law
b. Scriptures of Islam emphasizing fairness in dealings
c. British parliamentary practice
d. Administrative law principles
46. The Quranic principle mentioned in the text criticizes those who:
a. Give more than required
b. Stint the measure in trade
c. Refuse to trade goods
d. Refuse to enter contracts
47. Which of the following doctrines is associated with the application of the maxim “He who seeks equity must do equity”?
a. Doctrine of election
b. Doctrine of eclipse
c. Doctrine of pith and substance
d. Doctrine of severability
48. Which of the following is listed as an application of the maxim “He who seeks equity must do equity”?
a. Restitution of benefits and cancellation of transactions
b. Judicial review
c. Doctrine of basic structure
d. Promissory sovereignty
49. The maxim “He who seeks equity must do equity” applies to which of the following?
a. Set-off
b. Criminal sentencing
c. Parliamentary privileges
d. Electoral disputes
50. The principle of illegal loans as an application of the maxim was illustrated in:
a. Ashby v. White
b. Lodge v. National Union Investment Co. Ltd.
c. Stickland v. Aldridge
d. Donoghue v. Stevenson
51. In Lodge v. National Union Investment Co. Ltd., the lender was:
a. A registered bank
b. An unregistered money lender under the Money Lenders Act, 1990
c. A government authority
d. A cooperative society
52. In the case of Lodge v. National Union Investment Co. Ltd., the contract between the parties was held to be:
a. Valid and enforceable
b. Illegal and void
c. Partially valid
d. Enforceable only in equity
53. In Lodge v. National Union Investment Co. Ltd., the court ordered the return of securities only on the condition that:
a. The borrower would pay damages
b. The borrower would repay the money advanced to him
c. The lender would register his business
d. The borrower would transfer additional property
54. The doctrine of election arises when:
a. A person commits a criminal offence
b. A donor gives his own property to one person and attempts to give that person's property to another in the same instrument
c. A person refuses to execute a contract
d. A property is transferred by court decree
55. Under the doctrine of election, when A gives his property to B and purports to give B’s property to C, B must:
a. Accept both properties unconditionally
b. Choose between accepting A’s benefit and giving his property to C, or retaining his property and rejecting A’s benefit
c. Transfer both properties to C
d. Reject both properties
56. Under the doctrine of election, B cannot:
a. Accept A’s property and retain his own property simultaneously
b. Reject the gift of A
c. Keep his own property
d. Refuse the benefit granted by A
57. The doctrine of consolidation of mortgages applies when:
a. A mortgagor has multiple creditors
b. A mortgagee becomes entitled to two mortgages from the same mortgagor
c. Two mortgagors share one property
d. The mortgage is transferred to a third party
58. Under the doctrine of consolidation of mortgages, the mortgagee may:
a. Cancel both mortgages
b. Allow redemption of one mortgage independently
c. Refuse redemption of one mortgage unless the other is also redeemed
d. Transfer both mortgages to the court
59. After the enactment of the Law of Property Act, 1925 in England, consolidation of mortgages can exist:
a. Automatically in all mortgages
b. Only by express reservation in one of the mortgage deeds
c. Only by court order
d. Only through statutory declaration
60. The equitable right to give notice to redeem a mortgage belongs to the:
a. Mortgagee
b. Mortgagor
c. Court
d. Registrar
61. The doctrine known as “Wife’s equity to a settlement” developed because:
a. Women had independent property rights
b. A wife’s property was historically merged with that of her husband
c. Women were prohibited from marriage
d. Husbands had no control over family property
62. Under the principle of wife’s equity to a settlement, equity courts required the husband to:
a. Transfer all property to his wife
b. Make reasonable provision for his wife and children
c. Dissolve the marriage
d. Register all property in court
63. Married women obtained full rights over their property under:
a. Law of Property Act, 1925
b. Law Reform (Married Women and Tortfeasors) Act, 1935
c. Married Women Property Act, 1882
d. Transfer of Property Act, 1882
64. Equitable estoppel arises when:
a. A person commits fraud in court
b. A party makes a promise by words, conduct, or negligence that another relies upon
c. A contract is written in statutory form
d. Property is transferred by inheritance
65. Under the doctrine of promissory estoppel, the person making the promise must:
a. Withdraw the promise immediately
b. Perform the promise made
c. Seek permission of the court
d. Pay damages automatically
66. The principle of restitution on cancellation of a transaction requires:
a. Punishment of the breaching party
b. Return of benefits received under a voidable contract
c. Automatic enforcement of the contract
d. Transfer of property to the state
67. The principle applied in restitution states that:
a. No contract can be cancelled
b. A party may benefit from his own wrong
c. A party cannot take advantage of his own wrong
d. Contracts are always enforceable
68. The doctrine of set-off applies where:
a. Only one party owes money
b. Mutual credits or debts exist between two parties
c. Property is transferred through inheritance
d. A criminal offence occurs
69. In the doctrine of set-off, the result of mutual debts is that:
a. Both parties must pay the full amount
b. Only the balance amount is payable by one party
c. The debts are cancelled entirely
d. The court takes control of the property
70. One limitation of the maxim “He who seeks equity must do equity” is that:
a. It applies only in criminal cases
b. The demand for equitable relief must arise from a suit pending
c. It applies automatically to all transactions
d. It overrides statutory provisions
71. The maxim “He who seeks equity must do equity” applies primarily to:
a. Any third party
b. A party seeking equitable relief
c. Government authorities only
d. Criminal offenders
72. Section 19A of the Contract Act, 1872 embodies the principle that:
a. Contracts cannot be cancelled
b. Benefits must be returned when a voidable contract is rescinded
c. Contracts must always be enforced
d. Parties cannot claim restitution
73. The principle of election is recognized under which provision?
a. Section 35 of the Transfer of Property Act
b. Section 73 of the Contract Act
c. Section 10 of CPC
d. Section 9 of Evidence Act
74. The doctrine of set-off is recognized in:
a. Order 7 Rule 11 CPC
b. Order 8 Rule 6 CPC
c. Order 21 Rule 32 CPC
d. Order 39 Rule 1 CPC
75. The maxim “He who comes into equity must come with clean hands” implies that:
a. Only defendants must act fairly
b. Both plaintiff and defendant must act fairly
c. Only statutory rights matter
d. Equity ignores the conduct of parties
76. According to the maxim, a person who has committed inequity:
a. Can always claim equitable relief
b. Shall not obtain equity
c. Must approach criminal courts
d. Can override statutory law
77. While applying the maxim of clean hands, the court examines:
a. The wealth of the plaintiff
b. The social status of the plaintiff
c. Whether the plaintiff’s conduct was against conscience before approaching the court
d. The nationality of the plaintiff
78. The famous “Highwaymen Case” involved:
a. Two traders disputing profits
b. Two robbers disputing their share of robbery profits
c. Two partners in a lawful business
d. Two landowners disputing inheritance
79. In the Highwaymen Case, the court refused relief because:
a. The case was filed too late
b. The cause of action arose from an illegal activity
c. The plaintiff lacked written evidence
d. The robbery was not proven
80. The Highwaymen Case illustrates that equity will not assist:
a. Government authorities
b. Parties engaged in illegal transactions
c. Married couples
d. Landowners
81. The maxim “He who comes into equity must come with clean hands” is commonly applied in granting relief such as:
a. Criminal punishment
b. Specific performance, injunction, rescission or cancellation
c. Constitutional amendments
d. Tax assessments
82. One limitation of the maxim is that the court considers:
a. The entire life history of the plaintiff
b. Only the conduct related to the particular suit
c. The political views of the plaintiff
d. The wealth of the defendant
83. Justice Brandeis in Loughran v. Loughran stated that:
a. Equity requires perfect conduct in life
b. Equity requires plaintiffs to be morally flawless
c. Equity does not demand that suitors must have led blameless lives
d. Equity rejects all imperfect plaintiffs
84. One exception to the maxim applies when:
a. The plaintiff is wealthy
b. The transaction is against public policy
c. The defendant refuses settlement
d. The contract is written
85. Another exception to the maxim applies when:
a. The plaintiff withdraws the suit
b. The party repents before his unjust plans are carried out
c. The court grants damages
d. The contract is registered
86. Section 23 of the Indian Trust Act recognizes the principle that:
a. A trustee cannot hold property
b. An infant cannot set up a defence of invalidity of the receipt given by him
c. Trusts must always be registered
d. Trustees must transfer property immediately
87. Sections 17, 18 and 20 of the Specific Relief Act, 1877 provide that:
a. Contracts must always be enforced
b. Plaintiff’s unfair conduct may disentitle him to specific performance
c. All contracts must be cancelled
d. Only oral contracts are valid
88. The maxim “Equity aids the vigilant and not the indolent” is expressed in Latin as:
a. Ubi jus ibi remedium
b. Vigilantibus, non dormientibus, jura subveniunt
c. Actus non facit reum nisi mens sit rea
d. Nemo dat quod non habet
89. The maxim “Equity aids the vigilant and not the indolent” means that:
a. Equity protects only defendants
b. Rights are protected only when statutes allow
c. A person who sleeps on his rights may lose them
d. Courts always grant equitable relief
90. Legal claims are generally barred by:
a. Principles of equity
b. Statutes of limitation
c. Judicial precedents
d. Administrative rules
91. Equitable claims may be barred not only by limitation law but also by:
a. Judicial review
b. Unreasonable delay known as laches
c. Parliamentary privilege
d. Contractual consent
92. The doctrine of laches refers to:
a. Criminal negligence
b. Plaintiff’s unreasonable delay in asserting his rights
c. Statutory limitation period
d. Mandatory injunction
93. Under the doctrine of laches, the defendant may use the plaintiff’s delay as:
a. Evidence of ownership
b. A weapon of defence
c. A ground for appeal
d. A criminal charge
94. The maxim relating to vigilance does not apply where cases are governed by:
a. Constitutional law
b. Statutes of limitation
c. Criminal procedure
d. International treaties
95. One category where the statute of limitation applies is when:
a. It applies expressly to equitable claims
b. It applies only in criminal matters
c. It applies only in administrative cases
d. It applies only to oral contracts
96. Another category mentioned is where the statute of limitation applies:
a. By constitutional interpretation
b. By analogy
c. By judicial activism
d. By executive order
97. The third category of cases mentioned involves equitable claims governed by:
a. Parliamentary procedure
b. Rules of evidence
c. Ordinary rules of laches
d. Criminal law
98. In a Bombay case mentioned in the text, the plaintiff lost the claim to recover land because:
a. The defendant purchased the land legally
b. The plaintiff allowed occupation beyond the limitation period
c. The court lacked jurisdiction
d. The plaintiff lacked documents
99. The case often cited in relation to delay and laches is:
a. Ashby v. White
b. Allcard v. Skinner
c. Stickland v. Aldridge
d. Donoghue v. Stevenson
100. The maxim “Equity aids the vigilant” does not apply where:
a. The plaintiff is poor
b. The law of limitation expressly applies
c. The defendant denies liability
d. The court lacks jurisdiction
101. According to the text, the English doctrine of delay and laches cannot be fully imported into Bangladeshi law due to:
a. Article 32 of the Constitution
b. Article 113 of the Limitation Act, 1908
c. Section 73 of the Contract Act
d. Section 9 of CPC
102. Article 113 of the Limitation Act, 1908 fixes the limitation period for filing a suit for specific performance as:
a. Six months
b. One year
c. Two years
d. Five years
103. The principle related to delay and equitable relief is also recognized under:
a. Section 51 of the Transfer of Property Act
b. Section 73 of the Contract Act
c. Section 10 of CPC
d. Section 115 of the Evidence Act
104. The maxim “Equality is equity” means that:
a. Equity always favors the plaintiff
b. Equality is the proper basis when no other equitable principle applies
c. Equity always follows statutory law
d. Courts must always divide property equally
105. The maxim “Equality is equity” is also expressed by the phrase:
a. Equity follows the law
b. Equity delights in equality
c. Equity acts in personam
d. Equity aids the vigilant
106. The phrase “Equity delights in equality” implies that:
a. Equity always abolishes legal rights
b. Equity tries to place litigating parties on an equal footing regarding rights and responsibilities
c. Equity grants relief only to plaintiffs
d. Equity gives preference to statutory rights
107. The equality referred to in the maxim does not mean simple equality but:
a. Absolute equality in all matters
b. Equality based on property ownership
c. Proportionate equity
d. Equality only in contracts
108. According to the maxim “Equality is equity,” courts attempt to:
a. Favor the weaker party automatically
b. Place litigating parties on an equal level as far as possible
c. Eliminate contractual obligations
d. Replace statutory law with equity
109. One application of the maxim “Equality is equity” is seen in the principle that equity:
a. Favors joint tenancy
b. Dislikes joint tenancy and presumes tenancy in common
c. Abolishes tenancy rights
d. Always creates joint tenancy
110. Under this maxim, joint funds or joint purchases are generally subject to:
a. Exclusive ownership
b. Equal distribution
c. Government ownership
d. Judicial confiscation
111. The principle of contribution between co-trustees, co-sureties, and co-contractors reflects:
a. Criminal liability
b. The maxim “Equality is equity”
c. The doctrine of laches
d. The maxim “Equity follows the law”
112. Ratable distribution of legacies is an application of the maxim:
a. Equity aids the vigilant
b. Equality is equity
c. Equity follows the law
d. He who seeks equity must do equity
113. The doctrine of marshalling of assets is associated with the application of the maxim:
a. Equality is equity
b. Equity acts in personam
c. Equity will not suffer a wrong without a remedy
d. Delay defeats equity
114. The maxim “Equity looks to the intent rather than the form” means that equity:
a. Focuses only on written words of an agreement
b. Considers the intention and substance of a transaction rather than its formal wording
c. Ignores contracts completely
d. Always follows statutory provisions
115. Under common law, greater importance was given to:
a. The intention of the parties
b. The substance of the transaction
c. The form and literal wording of the agreement
d. Judicial discretion