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Simple English definitions for legal terms

mutuality of remedy

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A quick definition of mutuality of remedy:

Term: MUTUALITY OF REMEDY

Definition: Mutual remedy means that both parties involved in a transaction have access to a solution, especially when it comes to fair relief. This is sometimes required before either party can be granted specific performance. Specific performance is a court-ordered remedy that requires precise fulfillment of a legal or contractual obligation when monetary damages are inappropriate or inadequate. It is an equitable remedy that lies within the court's discretion to award whenever the common-law remedy is insufficient. In essence, the remedy of specific performance enforces the execution of a contract according to its terms, and it may therefore be contrasted with the remedy of damages, which is compensation for non-execution.

A more thorough explanation:

Mutuality of remedy refers to the availability of a remedy, particularly equitable relief, to both parties involved in a transaction. This is sometimes required before either party can be granted specific performance.

Specific performance is a court-ordered remedy that requires precise fulfillment of a legal or contractual obligation when monetary damages are inappropriate or inadequate. It is an equitable remedy that lies within the court's discretion to award whenever the common-law remedy is insufficient.

For example, if a buyer and seller enter into a contract for the sale of a rare painting, and the seller breaches the contract by refusing to sell the painting, the buyer may seek specific performance. This would require the seller to fulfill their obligation to sell the painting as agreed upon in the contract.

However, before specific performance can be granted, there must be mutuality of remedy. This means that if the buyer breaches the contract by refusing to pay for the painting, the seller must also have the option to seek specific performance to enforce the buyer's obligation to pay.

Overall, mutuality of remedy ensures that both parties have access to equitable relief in the event of a breach of contract, and that neither party is unfairly disadvantaged.

mutuality of parties | mutual mistake

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MIAMI A
[] AromaticTroubledDormouse
20:55
How does one know if they are UR1 or UR2?
[] AromaticTroubledDormouse
20:56
CONGRATS MACAQUE!
TY
got a random stanford email and almost had a heart attack
ALSO CONGRATS!
Congrats1!
21:15
Miami A, yall I'm so excited I could cry.
21:15
Feel like I can finally stop holding my breath!! Whew!!!
[] baddestbunny
22:16
every time I get accosted by a strange man who follows me around because my male coworkers were too busy talking to walk me back to my car I get closer to saying we need to bring back traditional gender roles
Dkk
22:32
Nice! @Macaque
Dkk
22:32
@Aromatic, Have to guess.
Dkk
22:33
That sucks @Bunny do you have to go to the hospital?
[] baddestbunny
22:40
I said accosted not assaulted
23:35
guys. my notre dame address just went long is this good or bad
1a2b3c4d26z
23:37
Oooooo me too
23:37
omg is this good or bad
Dkk
23:47
Idk if gender roles are gunna fix that then.
23:49
it looks like most people who applied in october last cycle didn't get a decision until january... does it even mean anything that our addresses went long??
hows ED 2 compared to ED 1?
Dkk
0:10
No idea
windyMagician
0:34
reporting live to say my ndls address also went long
does it mean anything ^
Dkk
2:21
NDLS and Fordham took a very long time last year. It's good info for people to know.
[] baddestbunny
4:29
let’s get after it boys and girls
Dkk
5:21
I gtg to bed soon.
Dkk
5:22
Big day today. Gunna be a crazy one. I will sleep through the first half.
good morning lsd it is 5 am EST
also jazzy my ndls address went long ages ago i sadly do not think it means anything
my stanford address also went long LOL i think at most it's an indicator it's under review
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