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CELE SQE1 模拟练习

Examination Timing: 00H00M46S

Rebecca has declared a trust by deed over property that she owns but fails to transfer it to the trustees of the trust. The trustees know about the failure but do not take any action for ten years. Which of the following statements best describes the position?

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Your selected option: D

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The correct answer is D. The court has the discretion to order specific performance or damages, but such remedies are subject to the equitable doctrine of laches, which bars claims where there has been an unreasonable delay in asserting one’s rights. The principle "equity aids the vigilant, not those who sleep on their rights" means that trustees' inaction over a significant period may preclude them from obtaining equitable relief. 


Key Point: Trustees must act promptly to enforce trust terms and protect trust property. The equitable doctrine of laches can prevent claims for specific performance or damages if there is an unreasonable delay.

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