mutuality of remedy

mutuality of remedy
n.
The principle that one party cannot receive an equitable remedy that the other party could not also receive.

The Essential Law Dictionary. — Sphinx Publishing, An imprint of Sourcebooks, Inc. . 2008.


mutuality of remedy
n. The doctrine that specific performance must be available to both parties to a transaction in order for either to obtain it.

Webster's New World Law Dictionary. . 2000.

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Look at other dictionaries:

  • mutuality of remedy — Each party to a bilateral contract having the opportunity to compel performance of the promise to him. Philadelphia Ball Club v Lajoie, 202 Pa 210, 51 A 973. A doctrine asserted in cases of specific performance. The availability to both parties… …   Ballentine's law dictionary

  • remedy, mutuality of — >> mutuality of remedy. Webster s New World Law Dictionary. Susan Ellis Wild. 2000 …   Law dictionary

  • mutuality — mu·tu·al·i·ty /ˌmyü chə wa lə tē/ n: the quality or state of being mutual: as a: the quality of a contract under which both parties are bound by obligations b: the state of debts for purposes of set off under bankruptcy law in which the debts are …   Law dictionary

  • remedy — rem·e·dy 1 n pl dies: the means to enforce a right or to prevent or obtain redress for a wrong: the relief (as damages, restitution, specific performance, or an injunction) that may be given or ordered by a court or other tribunal for a wrong if… …   Law dictionary

  • mutuality — Reciprocation; interchange. An acting by each of two parties; an acting in return. Mutuality of contract means that obligation rests on each party to do or permit doing of something in consideration of other party s act or promise; neither party… …   Black's law dictionary

  • mutuality — Reciprocation; interchange. An acting by each of two parties; an acting in return. Mutuality of contract means that obligation rests on each party to do or permit doing of something in consideration of other party s act or promise; neither party… …   Black's law dictionary

  • remedy — The means by which a right is enforced or the violation of a right is prevented, redressed, or compensated. Long Leaf Lumber, Inc. v. Svolos, La.App., 258 So.2d 121, 124. The means employed to enforce a right or redress an injury, as… …   Black's law dictionary

  • Specific performance — is an order of a court which requires a party to perform a specific act, usually what is stated in a contract. It is an alternative to award/ for awarding damages, and is classed as an equitable remedy commonly used in the form of injunctive… …   Wikipedia

  • Carlill v. Carbolic Smoke Ball Company — Infobox Court Case name = Carlill v. Carbolic Smoke Ball Company court = Court of Appeal (Civil Division) date filed = date decided = 7 December 1892 full name = Carlill v. Carbolic Smoke Ball Company citations = [1893] 1 QB 256 judges = Lindley… …   Wikipedia

  • contract — con·tract 1 / kän ˌtrakt/ n [Latin contractus from contrahere to draw together, enter into (a relationship or agreement), from com with, together + trahere to draw] 1: an agreement between two or more parties that creates in each party a duty to… …   Law dictionary

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