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)
“Bardot, Byron, Hitler, Hemingway, Monroe, Sade: we do not require our heroes to be subtle, just to be big. Then we can depend on someone to make them subtle.”
—D.J. Enright (b. 1920)
“To be idle and to be poor have always been reproaches, and therefore every man endeavours with his utmost care to hide his poverty from others, and his idleness from himself.”
—Samuel Johnson (1709–1784)
“He who wishes to teach us a truth should not tell it to us, but simply suggest it with a brief gesture, a gesture which starts an ideal trajectory in the air along which we glide until we find ourselves at the feet of the new truth.”
—José Ortega Y Gasset (1883–1955)