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)
“I now require this of all pictures, that they domesticate me, not that they dazzle me. Pictures must not be too picturesque. Nothing astonishes men so much as common-sense and plain dealing. All great actions have been simple, and all great pictures are.”
—Ralph Waldo Emerson (1803–1882)
“Then climate is a great impediment to idle persons; we often resolve to give up the care of the weather, but still we regard the clouds and the rain.”
—Ralph Waldo Emerson (1803–1882)
“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)