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)
“... feminism is the attempt of women to grow up, to accept the responsibilities of life, to outgrow those characteristics of childhood—selfishness and unworldliness—that we require our boys to outgrow, but that we permit and by our social system encourage our girls to retain.”
—Henrietta Rodman (1878–?)
“One is not idle because one is absorbed. There is both visible and invisible labor. To contemplate is to toil, to think is to do. The crossed arms work, the clasped hands act. The eyes upturned to Heaven are an act of creation.”
—Victor Hugo (1802–1885)
“Smiling half-reluctance seems to promise more than the frankest gesture of desire.”
—Mason Cooley (b. 1927)