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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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yeah there are so many good cuisines in ithaca
renard99
22:31
@lilypadfrog: that’s a pity I’da be liking them all
texaslawhopefully
22:31
Only food I’m going to miss for sure if I leave Texas is texmex
22:31
waspy hasnt had thai food in ithaca yet. ithaca thai is so good
^^^^ truuuuuu
22:32
there are two major thai places and they have very similar names bc a divorced husband and wife own them lol
22:32
personally i think taste of thai is better than taste of thai express but thats just me
i had pho tho and it was really good and huge portions
texaslawhopefully
22:32
Glad they have good Thai food, I love Thai food! Can’t wait to visit :)
22:33
when tex goes to ithaca i want to come
Dkk
22:34
Crying Tiger, best Thai dish.
damn im so hungry all i had today was a curry tonkatsu and buldak
and it was a lil baby noodle cup
vvv hungry
22:36
curry tonkatsu so yummeh
22:36
whats even open rn? pizza?
CTB is it i think
22:37
is collegetown pizza not open
22:37
i used to get a slice from there or wings over at like 1am after my shift at the restaurant
Dkk
22:48
Ross Ulbricht free. God Bless Trump. Huge win.
JeremyFragrance
22:54
agreed
texaslawhopefully
22:55
This is an interesting read: https://thedispatch.com/article/birthright-citizenship-trump-implications/
Dkk
23:01
I mean, idk how it's possible to end birth right citizenship without amending the constitution because to me the 14th amendment is pretty clear about it.
ross ulbricht tried to hire a hitman to kill 5 people
i am not that sympathetic to him
Dkk
23:04
@KnowledgeableRitzyWasp: That might have been an FBI agent. It was most likely him and he was most likely doing it to retrieve stolen funds that corrupt FBI agents stole, but yeah moral gray area but me personally, cool with hitmen. It's not like it is uncommon to hire hitmen. I don't think the action itself is necessarily wrong but the intent behind it can be.
Dkk
23:05
Like, Boeing whistblowers being killed by hitmen = wrong but a guy hiring hitmen to retrieve stolen funds = good to me.
texaslawhopefully
23:05
@Dkk: Yeah, for sure. My guess is it'll go to SCOTUS and it'll be 8-1 or 7-2, saying that EO was unconstitutional.
Dkk
23:06
Indeed. I need a count for how many exectuive orders he has signed and how many already have pending lawsuits.
i've been away for a while what were the most recent waves? any this week?
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