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)
“It is grossly selfish to require of one’s neighbour that he should think in the same way, and hold the same opinions. Why should he? If he can think, he will probably think differently. If he cannot think, it is monstrous to require thought of any kind from him.”
—Oscar Wilde (1854–1900)
“A mind always employed is always happy. This is the true secret, the grand recipe for felicity. The idle are the only wretched.”
—Thomas Jefferson (1743–1826)
““Every gesture is wisdom,”
he taught;
“nothing is lost,”
he said....”
—Hilda Doolittle (1886–1961)