Mutuality of Remedy Law and Legal Definition
Mutuality of remedy refers to a doctrine which states that a remedy should be available to both parties of a transaction in order for either to obtain it. The doctrine is based on the idea that one party should not obtain from equity that which the other party could not obtain.
As a general rule, specific performance will be granted only in cases where there is mutuality of remedy, which means that the right to performance must be mutual. Thus, equity will not compel one party to specifically perform where it cannot compel performance by the other. [Burr v. Greenland, 356 S.W.2d 370, 375 (Tex. App. 1962)]