Defences to specific performance: (1) is, if its good for one, it has to be good for the other (good for the seller and the buyer) this is called the “mutuality of remedy” 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. Case example was Gretzky [1975] ON HC, who was refused an application for an injunction to allow him to play in a particular league outside of his jurisdiction: “if there are contracts between the boys and the associations, they are voidable because of the ages of the boys and are not enforceable against the boys” page 943.
