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)
“... while one-half of the people of the United States are robbed of their inherent right of personal representation in this freest country on the face of the globe, it is idle for us to expect that the men who thus rob women will not rob each other as individuals, corporations and Government.”
—Susan B. Anthony (1820–1906)
“Her heavenly form
Angelic, but more soft and feminine,
Her graceful innocence, her every air
Of gesture or least action, overawed
His malice, and with rapine sweet bereaved
His fierceness of the fierce intent it brought.
That space of Evil One abstracted stood
From his own evil, and for the time remained
Stupidly good, of enmity disarmed,”
—John Milton (1608–1674)