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)
“Since mothers are more likely to take children to their activities—the playground, ballet or karate class, birthday parties—they get a chance to see other children in action.... Fathers usually don’t spend as much time with other people’s kids; because of this, they have a narrower view of what constitutes “normal” behavior, and therefore what should or shouldn’t require parental discipline.”
—Ron Taffel (20th century)
“It would be idle to say that we were not, from time to time, aware that a volcano slumbered fitfully beneath us. There were dark sides to the Slavery Question, for master, as for slave.”
—Marion Harland (1830–1922)
“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)