mutuality

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 being bound unless both are bound. Aden v. Dalton, 341 Mo. 454, 107 S.W.2d 1070, 1073.
Called, also, mutuality of obligation. United Appliance Corporation v. Boyd, Tex.Civ. App., 108 S.W.2d 760, 764.
As to mutuality of assent, mutuality of mistake, etc., see those titles
@ mutuality of contract
See mutuality
@ mutuality doctrine
Doctrine in equity to the effect that equitable relief will be denied a party to a contract on a showing that the plaintiff is not bound to the same extent as the defendant in fulfilling the contract. In another context, it refers to the obligation of a meeting of the minds before a contract can be found.
See mutuality of obligation
@ mutuality of estoppel
This doctrine dictates that a judgment will not be held conclusive in favor of one person unless it would be conclusive against him had the case been decided the other way. Foltz v. Pullman, Inc., DeLSuper., 319 A.2d 38, 41
@ mutuality of obligation
Mutuality of obligation requires that unless both parties to a contract are bound, neither is bound. Sala & Ruthe Realty, Inc. v. Campbell, 89 Nev. 483, 515 P.2d 394, 396.
Such obligation as pertaining to executory contract requires that each party to agreement be bound to perform, and if it appears that one party was never bound to do the acts which formed the consideration for promise of the other, there is lack of mutuality of obligation and other party is not bound. McCandles v. Schick, 85 Idaho 509, 380 P.2d 893, 898.
See mutuality doctrine
@ mutuality of remedy
In equity, one party to a contract may not have equitable relief if he is not bound by the contract to the same extent as the other party, or if his remedy is not co-extensive. Generally, specific performance will be granted only where there is "mutuality of remedy", which means that right to performance must be mutual. Burr v. Greenland, Tex.Civ.App., 356 S.W.2d 370, 375
@

Black's law dictionary. . 1990.

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  • 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

  • Mutuality — Mu tu*al i*ty, n. [Cf. F. mutualit[ e].] 1. The quality of correlation; reciprocation; interchange; interaction; interdependence. [1913 Webster] 2. (Law) Reciprocity of consideration. Wharton. [1913 Webster] …   The Collaborative International Dictionary of English

  • mutuality — (n.) 1580s, from MUTUAL (Cf. mutual) + ITY (Cf. ity) …   Etymology 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 — Term used to describe an organisation owned by its members for their own benefit, e.g., Building societies and Insurance companies. * * * mutuality UK US /ˌmjuːtʃuˈæləti/ noun [U] FINANCE, INSURANCE ► a situation in which a financial organization …   Financial and business terms

  • mutuality — noun The property of being mutual. The mutuality of mutually assured destruction is key to its function as a deterent …   Wiktionary

  • mutuality — mutual ► ADJECTIVE 1) experienced or done by each of two or more parties towards the other or others. 2) (of two or more parties) having the same specified relationship to each other. 3) held in common by two or more parties. 4) (of a building… …   English terms dictionary

  • mutuality — noun 1. a reciprocality of sentiments (Freq. 1) the mutuality of their affection was obvious • Syn: ↑mutualness • Derivationally related forms: ↑mutual (for: ↑mutualness), ↑ …   Useful english dictionary

  • mutuality of obligation — n. The principle that both parties to a contract are either bound to it or not, but one party cannot be bound if the other is not. The Essential Law Dictionary. Sphinx Publishing, An imprint of Sourcebooks, Inc. Amy Hackney Blackwell. 2008.… …   Law dictionary

  • 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

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