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Simple English definitions for legal terms

mutuality of remedy

Read a random definition: International Cooperative Frameworks: APEC and OECD

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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windyMagician
11:09
shaq hows ur love life going? any updates?
shaquilleoatmeal
11:14
damn couldnt even get to Christmas dinner before this question lmao im not looking for anything serious rn so no updates lol
11:14
i made out with my ex in a stairwell the other day if you care. my only update
shaquilleoatmeal
11:14
oof
shaquilleoatmeal
11:14
twitter ex or a different ex
11:15
different ex
windyMagician
11:15
since its not Twitter dude I'll forgive it
shaquilleoatmeal
11:17
at least you did that before the new year, cant carry that baggage in 25
11:17
I think he thinks if I move to nyc we’re going to get back together
11:17
that’s not my plan tbh
jackfrost11770
11:18
this is so funny
shaquilleoatmeal
11:19
lmao damn wish id be classmates with this dude
shaquilleoatmeal
11:20
@cheriebomb: you never know what the future holds
jackfrost11770
11:20
also cherie fallen soldier
jackfrost11770
11:20
i got home at 8 am from the club and my neighbor was leaving to go biking. truly living in different worlds
11:20
i don’t fw him that heavy tbh
11:21
i get along better with his friends than i do with him
windyMagician
11:21
nah the hiking in Nike blazers deserves jail time
11:21
he was already vomiting and shitting in a hole I think he did his penance
windyMagician
11:26
call that restorative justice
11:35
they put a place in the UK second. I don’t trust their methodology
shaquilleoatmeal
11:35
im laughin cause it definitely isnt but the fact that some people this it is is comical
shaquilleoatmeal
11:35
tink*
shaquilleoatmeal
11:35
think jee
shaquilleoatmeal
11:35
jeez - im over it
11:37
imagine saying you want to go to boston for christmas 💀
shaquilleoatmeal
11:40
imagine you not wanting to go what lmao
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