Mutuality of Remedy
Barron's Law Dictionary:
TopMutuality of Remedy
The availability of both parties to a transaction of a remedy available to either.
The term is used with reference to the requirement that the remedy of specific performance be granted in favor of one party only when it could have been available to the other party. In certain instances, mutuality of remedy will not apply for specific performance. For example, although a buyer could sue a seller for sale of a particular condominium pursuant to a contract (if the condominium has been built), a seller may not be able to force the buyer to purchase that condominium, especially if the seller can be adequately compensated by money damages. 320 A. 2d 194. The doctrine of mutuality of remedy is founded on the idea that one party should not obtain from equity that which the other party could not obtain. 8 P. 2d 925, 930. Accordingly, whenever a contract is incapable of being specifically enforced against one party because of the personal nature of the contract, that party cannot specifically enforce it against the other. 476 S.W. 2d 724. However, the general requirement of mutuality does not compel each party to have precisely the same remedies available against each other, since the means of enforcement may differ without necessarily affecting their reciprocal obligation.
139 So. 2d 166. See mutuality of obligation.
The term is used with reference to the requirement that the remedy of specific performance be granted in favor of one party only when it could have been available to the other party. In certain instances, mutuality of remedy will not apply for specific performance. For example, although a buyer could sue a seller for sale of a particular condominium pursuant to a contract (if the condominium has been built), a seller may not be able to force the buyer to purchase that condominium, especially if the seller can be adequately compensated by money damages. 320 A. 2d 194. The doctrine of mutuality of remedy is founded on the idea that one party should not obtain from equity that which the other party could not obtain. 8 P. 2d 925, 930. Accordingly, whenever a contract is incapable of being specifically enforced against one party because of the personal nature of the contract, that party cannot specifically enforce it against the other. 476 S.W. 2d 724. However, the general requirement of mutuality does not compel each party to have precisely the same remedies available against each other, since the means of enforcement may differ without necessarily affecting their reciprocal obligation.
139 So. 2d 166. See mutuality of obligation.
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