Mutual

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Related to mutuality: Mutuality of Obligation

mutual

adj., adv. referring to anything in which both parties have reciprocal rights, understanding, or agreement.

MUTUAL. Reciprocal.
     2. In contracts there must always be a consideration in order to make them valid. This is sometimes mutual, as when one man promises to pay a sum of money to another in consideration that he shall deliver him a horse, and the latter promises to deliver him the horse in consideration of being paid the price agreed upon. When a man and a woman promise to marry each other, the promise is mutual. It is one of the qualities of an award, that it be mutual; but this doctrine is not as strict now as formerly. 3 Rand. 94; see 3 Caines 254; 4 Day, 422; 1 Dall. 364, 365; 6 Greenl. 247; 8 Greenl. 315; 6 Pick. 148.
     3. To entitle a contracting party to a specific performance of an agreement, it must be mutual, for otherwise it will not be compelled. 1 Sch. & Lef. 18; Bunb. 111; Newl. Contr. 152. See Rose. Civ. Ev. 261.
     4. A distinction has been made between mutual debts and mutual credits. The former term is more limited in its signification than the latter. In bankrupt cases where a person was indebted to the bankrupt in a sum payable at a future day, and the bankrupt owed him a smaller sum which was then due; this, though in strictness, not a mutual debt, was holden to be a mutual credit. 1 Atk. 228, 230; 7 T. R. 378; Burge on Sur. 455, 457.

References in periodicals archive ?
While these triangular setoff agreements are enforceable under state law, several bankruptcy and United States district courts have cast doubt on their enforceability in a bankruptcy case involving one or more of the parties to the agreement, These courts have refused to enforce a creditor's "triangular setoff" rights in bankruptcy cases because these cross-affiliate netting or "triangular setoff" agreements do not satisfy Section 553(a)'s mutuality requirement for setoff.
In most OPR studies, there has been no effort by researchers to identify a causal relationship between the factors of trust, satisfaction, commitment, and control mutuality. Therefore, scholars do not know which of the dimensions forms the greatest underlying foundation compared to the others, or which dimension, if any, is the primary dimension regardless of the type of OPR.
The 15-item mutuality scale (MS) was used to measure the positive quality of the caregiver-care receiver relationship [11, 12].
Mutuality at Progressive Building Society When someone opens a savings account or takes out a mortgage with Progressive or any mutual building society they automatically become a Member of the Society.
Brinkerhoff (2002) has identified two dimensions as key to understanding IORs: organization identity and mutuality.
Ninety-two percent of mutual banks say they differentiate themselves from their competitors based on their mutuality.
Sanjek presents students, academics, researchers, and general-interest readers with a collection of academic essays and articles that together examine many methods to achieve mutuality in anthropology through community-based projects and consultations, collaborative fieldwork, advocacy, and museum exhibits.
There is the need for further research on andragogy in an attitude of mutuality and reciprocity to develop further the field of adult education.
The resulting plural economic forms that strive to balance the tension between self-interest and mutuality can be seen as a distinguishing feature of the contemporary human economy (Hart et al.
"Because of the mutuality of benefits, this is a common practice under international law," Del Rosario said.
Minister Sadykov, in turn, underlined the mutuality of interests for cooperation and noticed that many students from India, Pakistan, Kazakhstan and Tajikistan study in Kyrgyzstan.