TERMIUM Plus®

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MUTUALITY OBLIGATION [1 record]

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Record 1 2015-05-26

English

Subject field(s)
  • Law of Contracts (common law)
  • Law of Obligations (civil law)
CONT

In a simple contract arising from agreement, it is sometimes of the essence of the transaction that each party should be bound to do something under it: this requirement is called mutuality; thus, an agreement by A to refer a question between himself and B to arbitration is not enforceable unless B also agrees to be bound by the award; and an agreement by C with D to learn a trade is not binding unless there is also an undertaking by D to teach him. This may be called mutuality of obligation.

French

Domaine(s)
  • Droit des contrats (common law)
  • Droit des obligations (droit civil)
CONT

[...] le contrat ne prévoit aucune réciprocité d'obligations à l'égard du bailleur qui romprait la convention avant son terme; dans ces conditions, cette clause doit être considérée abusive.

Spanish

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TERMIUM Plus®, the Government of Canada's terminology and linguistic data bank
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