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 say, beware of all enterprises that require new clothes, and not rather a new wearer of clothes.”
—Henry David Thoreau (1817–1862)
“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)
“Her heavenly form
Angelic, but more soft and feminine,
Her graceful innocence, her every air
Of gesture or least action, overawed
His malice, and with rapine sweet bereaved
His fierceness of the fierce intent it brought.
That space of Evil One abstracted stood
From his own evil, and for the time remained
Stupidly good, of enmity disarmed,”
—John Milton (1608–1674)