Legal Definitions - mutuality of remedy

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.