Define: Mother Hubbard Clause

A Mother Hubbard Clause is a provision in a contract that allows for the inclusion of additional terms or provisions that may not have been specifically mentioned in the original agreement.

The term “Mother Hubbard Clause” is derived from the nursery rhyme character, Mother Hubbard, who had a cupboard that was bare. Similarly, this clause is used to cover any potential gaps or omissions in a contract.

A Mother Hubbard Clause serves to provide flexibility and ensure that any unforeseen or unaddressed issues can still be resolved within the framework of the contract.

A Mother Hubbard Clause should be included in a contract when the parties want to allow for the inclusion of additional terms or provisions that may arise in the future, but are not currently contemplated.

Yes, a Mother Hubbard Clause can be used to modify existing terms of a contract, as long as the parties agree to the modifications and they fall within the scope of the clause.

Yes, there may be limitations on what can be included under a Mother Hubbard Clause. It is important to ensure that any additional terms or provisions are reasonable, lawful, and do not contradict the overall intent of the contract.

Yes, a Mother Hubbard Clause can be used to add new parties to a contract, as long as all existing parties agree to the addition and the terms of the clause allow for such modifications.

Yes, a Mother Hubbard Clause can be used to remove or exclude certain terms from a contract, as long as all parties agree to the removal or exclusion and it falls within the scope of the clause.

Yes, a Mother Hubbard Clause can be enforced in court if it is clear, unambiguous, and does not violate any laws or public policy.

It is always advisable to consult with a lawyer before including a Mother Hubbard Clause in your contract. A lawyer can provide guidance on the specific language to use, potential limitations, and ensure that the clause aligns with your overall contractual objectives.