mutuality of remedy

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 of the remedy of specific performance, or its equivalent in actual performance, at the time of the commencement of the suit or at the time of the decree. 49 Am J1st Spec Per §§ 35-37.

Ballentine's law dictionary. . 1998.

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  • 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. Amy Hackney Blackwell. 2008. mutuality of remedy …   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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