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)
“If you make a vow to the LORD your God, do not postpone fulfilling it; for the LORD your God will surely require it of you, and you would incur guilt.”
—Bible: Hebrew, Deuteronomy 23:21.
“And if nobody reads me, shall I have wasted my time, when I have beguiled so many idle hours with such pleasant and profitable reflections?”
—Michel de Montaigne (1533–1592)
“After years of vain familiarity, some distant gesture or unconscious behavior, which we remember, speaks to us with more emphasis than the wisest or kindest words. We are sometimes made aware of a kindness long passed, and realize that there have been times when our Friends’ thoughts of us were of so pure and lofty a character that they passed over us like the winds of heaven unnoticed; when they treated us not as what we were, but as what we aspired to be.”
—Henry David Thoreau (1817–1862)