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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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16:44
Yeah, I would have definitely gone to the hotel if I knew they booked a room for me. At the very least, it would be proper to show up personally and explain your extraneous circumstances
Law-Shark
16:44
Nah but it's in your name. I went to an ASD. I asked the school for an extra night and they gave it to me. You just need to plan things better.
Law-Shark
16:45
This is like peak disconenct between the male and female brain.
16:45
i think that's where i was confused then
Law-Shark
16:45
disconnect*
Law-Shark
16:45
You live and you learn
16:45
because i did let one of the staff know i'd be leaving early and thought that would be enough
16:46
but i was confused why i got an e-mail with a room cuz I didn't ask for it at all
Law-Shark
16:46
Well, you know now what to do.
16:47
well on their end they prob shouldn't just be buying hotel rooms for ppl who don't request it and then getting mad I didn't go
16:48
goof
16:48
Did you get any materials for admitted students day explaining that they would be booking hotel rooms?
16:49
there was an opt in on the form but I didn't select yes
16:49
Hmm, that's weird
16:50
i think it's unprofessional of them to call you like what if you had an emergency and had to leave? why is it their business why you didn't stay? not like they're lacking money and $100.00 hotel room is gona make them bankrupt
16:50
i figured it was an error and I was on the road so I didn't read into it. plus it would make more sense for it to be the night before cuz it started at 9am? so I was like uhhh and paid it no mind
16:51
@bigfatsloth: that's what i'm saying, they were gonna pay no matter what
16:54
"This is like peak disconenct between the male and female brain." like bffr
16:55
It was probably an administrative error then. I can't imagine why they would book hotel rooms for people that didn't select yes. I would maybe follow up with them and apologize for the misunderstanding to avoid any awkwardness
Denny
16:56
who watch that arsenal game
16:56
I'm a Chelsea fan unfortunately
damn why are yall fighting i the lsd.law gc
Denny
17:14
@ET025: but ur not watching champions league?
Denny
17:15
declan rice did a madness
17:20
@Denny: Not today. Doing more LSAT studying this afternoon, but I saw that. I think Chelsea missed out on him. (this is probably more suited for OT)
Does anyone have experience getting their aid package reconsidered at WashU? How long does it take to hear back after sending the form?
MrThickRopes
21:01
fo pm gon be good to us tmrw
Mr ropes is hopeful again so I am too
21:33
lets go ropes
21:53
[deleted by starfishies]
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