What is a mutatis mutandis clause?

A mutatis mutandis clause is a legal term used in a contract or agreement to indicate that certain terms of the contract will be altered to accommodate a particular situation. This clause is typically used when an agreement needs to be modified due to changes in circumstances. In California, a mutatis mutandis clause is an important element of contract law. This clause allows the parties to a contract to modify the terms of the agreement without having to renegotiate the entire document. This allows the parties to make adjustments to the agreement while still maintaining the original spirit of the contract. For example, if a contract agreement states that a certain payment must be made in cash, the parties may agree to change the payment type to credit if the payment has to be made outside of the United States. The mutatis mutandis clause would allow for this change without completely ending the agreement. The California courts are willing to enforce a mutatis mutandis clause as long as the parties have a valid and legal basis for making the change. The clause offers a way for parties to a contract to easily modify the contract without having to start from scratch. If the parties to a contract agree to a mutatis mutandis clause, they should ensure that the modification does not violate any applicable laws.

Related FAQs

What is a third-party guarantor?
What is the difference between an express and implied contract?
What is the effect of a novation of a contract?
What is equitable relief?
What is an exculpatory clause?
What are the common types of remedies available?
What is a creditors’ rights clause?
What is a severability clause?
What is a term in a contract?
What is a material alteration of a contract?

Related Blog Posts

What Every Business Should Know About Contract Law - July 31, 2023
Understanding Contract Enforceability - Key Considerations - August 7, 2023
Drafting an Enforceable Contract: Best Practices - August 14, 2023
Creating an Effective Contract: Tips and Tools - August 21, 2023
Negotiation Strategies for Contract Law - August 28, 2023