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)
“There is not one kind of food for all men. You must and you will feed those faculties which you exercise. The laborer whose body is weary does not require the same food with the scholar whose brain is weary.”
—Henry David Thoreau (1817–1862)
“Father, Son, and Holy Ghost,
So I make an idle boast;
Jesus of the twice-turned cheek
Lamb of God, although I speak
With my mouth thus, in my heart
Do I play a double part.”
—Countee Cullen (1903–1946)
“Few enjoy noisy overcrowded functions. But they are a gesture of goodwill on the part of host or hostess, and also on the part of guests who submit to them.”
—Fannie Hurst (1889–1968)