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. When issuing equitable remedies, equity acts in personam. What does this mean?

Equitable remedies attach to the property in dispute correct incorrect

Equitable remedies only apply to actions within England and Wales correct incorrect

Equitable remedies order a person to do or refrain from doing some act correct incorrect

Equitable remedies only apply to property rights within England and Wales correct incorrect

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. The issue of injunctions is within the discretion of the court. A number of factors may be taken into account. Which of the following factors would not justify the granting of an injunction?

The claimant's proprietary rights are being interfered with correct incorrect

The defendant is threatening to infringe the claimant's legal or equitable rights correct incorrect

The court considers the actions of the defendant to be unfair and undesirable correct incorrect

The claimant's rights are being infringed by persons who are not parties to the case correct incorrect

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. When is a party's personal conduct irrelevant to the court's decision to grant or withhold an injunction?

When it is something that the party may do in the future correct incorrect

When the personal conduct specifically relates to the application to the court correct incorrect

When the party refuses to submit to the directions of the court correct incorrect

When the party is guilty of general depravity correct incorrect

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. An injunction will only be granted when a common law remedy, such as damages would be inadequate or inappropriate. In which of the following situations would an injunction be granted?

The loss to the claimant can be quantified in financial terms correct incorrect

The loss to the defendant would be severe correct incorrect

The defendant is immensely rich correct incorrect

The claimant delayed in seeking a remedy correct incorrect

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. According to American Cyanamid Co. v Ethicon Ltd. [1975] 1 All ER 504 there are several factors that the court must consider before deciding whether or not to issue an interim injunction. Which of the following is not a relevant factor?

Damages would be an adequate remedy correct incorrect

The claimant has a good case in law and fact correct incorrect

The claimant would be able to compensate the defendant if the claimant fails at the eventual trial correct incorrect

The balance of convenience correct incorrect

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. How does the Human Rights Act 1998 affect the granting of interim injunctions?

They can no longer be granted correct incorrect

They must not restrict freedom of expression correct incorrect

They must not be used to restrain a breach of confidence correct incorrect

An injunction can only be granted if the claimant is likely to succeed at trial correct incorrect

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. A "Mareva Injunction" freezes the assets of the defendant until the full trial is heard. This could make life very difficult for the defendant. Why did Lord Denning devise the "Mareva Injunction"?

To deal with the problem of foreign defendants using English courts correct incorrect

To ensure that claimants fully stated their claim correct incorrect

To prevent the defendant removing their assets before judgment correct incorrect

To ensure that claimants could compensate the defendant correct incorrect

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. How is an "Anton Piller Order" (Search Order) different from a search warrant?

An Anton Piller Order requires the defendant's permission to enter premises, a search warrant does not correct incorrect

A search warrant is issued by the police, an Anton Piller Order by the High Court correct incorrect

A search warrant may be issued in order to preserve evidence; an Anton Piller Order is to copy evidence correct incorrect

A search warrant allows the search of premises, under an Anton Piller Order they may only be inspected correct incorrect

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. When an Anton Piller order is served on the defendant the claimant should be attended by their solicitor. Why?

In order to prevent any violence correct incorrect

To ensure that only material specified in the order is taken correct incorrect

To report back to the court correct incorrect

To advise the defendants on the meaning of the court order correct incorrect

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. Specific performance may be granted by a court to enforce a contract. For which of the following contracts would specific performance not be granted?

A contract for the sale of land correct incorrect

A contract for the sale of a valuable chattel correct incorrect

A contract to write a book for a publisher correct incorrect

A contract to perform a concert correct incorrect