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)
“As kings are begotten and born like other men, it is to be presumed that they are of the human species; and perhaps, had they the same education, they might prove like other men. But, flattered from their cradles, their hearts are corrupted, and their heads are turned, so that they seem to be a species by themselves.... Flattery cannot be too strong for them; drunk with it from their infancy, like old drinkers, they require dreams.”
—Philip Dormer Stanhope, 4th Earl Chesterfield (1694–1773)
“Laziness brings on deep sleep; an idle person will suffer hunger.”
—Bible: Hebrew, Proverbs 19:15.
“Smiling half-reluctance seems to promise more than the frankest gesture of desire.”
—Mason Cooley (b. 1927)