Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
Mutuality
The state of sharing or exchanging something; a reciprocation; an interchange < mutuality of obligation>.
mutuality doctrine
The collateral-estoppel requirement that, to bar a party from relitigating an issue determined against that party in an earlier action, both parties must have been in privity with one another in the earlier proceeding.
mutuality of assent
See MEETINGS OF THE MINDS.
mutuality of contract
See MUTUALITY OF OBLIGATION.
mutuality of debts
Bankruptcy. For purposes of setoff, the condition in which debts are owed between parties acting in the same capacity, even though the debts are not of the same character and did not arise out of the same transaction.
mutuality of estoppel
The collateral-estoppel principle that a judgment is not conclusively in favor of someone unless the opposite decision would also be conclusively against that person.
mutuality of obligation
The agreement of both parties to a contract to be bound in some way. - Also termed mutuality of contract. See MUTUAL ASSENT. "The doctrine of mutuality of obligation is commonly expressed in the phrase that in a bilateral contract both parties must be bound or neither is bound.' But this phrase is over-generalization because the doctrine is not one of mutuality of obligation but rather one of mutuality of consideration. Phrasing the rule in terms of mutuality of obligation rather tomutuality of obligation' should be abandoned and we must agree in the light of the confusion that this term has engendered." John D. Calamari & Joseph M. Perillo, The Law of Contracts ยง 4-12, at 226 (3d ed. 1987).
mutuality of remedy
The availability of a remedy, esp. equitable relief, to both parties to a transaction, usu. required before either party can be granted specific performance. See SPECIFIC PERFORMANCE.
remedy, mutuality of
See MUTUALITY OF REMEDY.