Mutatis mutandis refers to the act of making essential alterations or adjustments to a situation or statement in order to accommodate a new context or circumstance. It is similar to modifying a recipe to suit the ingredients available. This term is commonly used in legal or academic writing to signify that a previous statement or rule applies to a new situation with some changes.
Mutatis mutandis is a Latin phrase that signifies “with necessary alterations” or “with the respective differences being made.” It is employed to indicate that a statement or rule applies with the required modifications.
Example: The rules for the middle school basketball team will be applied mutatis mutandis from the high school team. This implies that the rules will be adapted to suit the abilities and limitations of the younger players.
Explanation: In this instance, the phrase mutatis mutandis is utilised to indicate that the rules for the high school basketball team will be applied to the middle school team with necessary changes. The rules will be adjusted to fit the younger players’ abilities and limitations, while maintaining the overall structure and guidelines.
Example: The terms and conditions of the contract for the sale of the house will be applied mutatis mutandis to the sale of the apartment. This means that the contract will be modified to suit the different property type.
Explanation: In this example, the phrase mutatis mutandis is used to indicate that the terms and conditions of the contract for the sale of the house will be applied to the sale of the apartment with necessary alterations. The contract will be adjusted to fit the different property type, while keeping the overall structure and guidelines intact.
“Mutatis mutandis” is a Latin phrase that means “with the necessary changes being made.” It is commonly used in legal documents to indicate that certain provisions or clauses should be applied or adapted to a new situation or context.
You should use the term “mutatis mutandis” when you want to refer to a provision or clause that needs to be applied with necessary modifications or changes to suit a different circumstance or scenario.
Yes, “mutatis mutandis” can be used in contracts to indicate that certain terms or provisions should be applied with necessary modifications to fit a specific situation or context.
While it is not always necessary to explicitly state “mutatis mutandis” in a legal document, it is recommended to do so to ensure clarity and avoid any confusion regarding the intended modifications.
Yes, “mutatis mutandis” can be used in court proceedings to indicate that certain legal principles or rules should be applied with necessary modifications to suit the specific case being heard.
The application of “mutatis mutandis” is subject to the specific laws and regulations governing the jurisdiction in which the legal document is being used. It is important to consult with a legal professional to ensure its appropriate usage.
Yes, “mutatis mutandis” can be used to modify statutory provisions, but it is crucial to ensure that such modifications are in accordance with the applicable laws and regulations.
Yes, “mutatis mutandis” is a commonly used term in legal practice, particularly in contracts, agreements, and other legal documents where modifications or adaptations are required.
Yes, “mutatis mutandis” can be used to alter the terms of a will or testament, but it is essential to comply with the legal requirements and procedures for making such modifications.
The purpose of using “mutatis mutandis” is to acknowledge that certain provisions or clauses need to be adjusted or modified to fit a different situation or context, ensuring the applicability and effectiveness of the legal document.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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