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)
“Cities give not the human senses room enough. We go out daily and nightly to feed the eyes on the horizon, and require so much scope, just as we need water for our bath.”
—Ralph Waldo Emerson (1803–1882)
“As peace is the end of war, so to be idle is the ultimate purpose of the busy.”
—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)