Equity Imputes An Intent To Fulfill An Obligation
Generally speaking, near performance of a general obligation will be treated as sufficient unless the law requires perfect performance, such as in the exercise of an option. Text writers give an example of a debtor leaving a legacy to his creditor equal or greater to his obligation. Equity regards such a gift as performance of the obligation so the creditor cannot claim both the legacy and payment of the debt.
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Famous quotes containing the words equity, intent, fulfill and/or obligation:
“If equity and human natural reason were allowed there would be no law, there would be no lawyers.”
—Christina Stead (1902–1983)
“I seemed intent on making it as difficult for myself as possible to pursue my “male” career goal. I not only procrastinated endlessly, submitting my medical school application at the very last minute, but continued to crave a conventional female role even as I moved ahead with my “male” pursuits.”
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“I’m real ambivalent about [working mothers]. Those of use who have been in the women’s movement for a long time know that we’ve talked a good game of “go out and fulfill your dreams” and “be everything you were meant to be.” But by the same token, we want daughters-in-law who are going to stay home and raise our grandchildren.”
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“In other words, a democratic government is the only one in which those who vote for a tax can escape the obligation to pay it.”
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