Equity Does Not Require An Idle Gesture
Also: Equity will not compel a court to do a vain and useless thing. It would be an idle gesture for the court to grant reformation of a contract and then to deny to the prevailing party an opportunity to perform it as modified.
Read more about this topic: Maxims Of Equity
Famous quotes containing the words equity, require, idle and/or gesture:
“If equity and human natural reason were allowed there would be no law, there would be no lawyers.”
—Christina Stead (1902–1983)
“It is grossly selfish to require of one’s neighbour that he should think in the same way, and hold the same opinions. Why should he? If he can think, he will probably think differently. If he cannot think, it is monstrous to require thought of any kind from him.”
—Oscar Wilde (1854–1900)
“Perhaps our originality manifests itself most strikingly in what we do with that which we did not originate. To discover something wholly new can be a matter of chance, of idle tinkering, or even of the chronic dissatisfaction of the untalented.”
—Eric Hoffer (1902–1983)
“Actors cannot choose the manner in which they are born. Consequently, it is the one gesture in their lives completely devoid of self-consciousness.”
—Helen Hayes (1900–1993)