What is a mutatis mutandis clause?
A mutatis mutandis clause is a legal term used in contracts to refer to the application of specific changes from one agreement to another. It is a Latin phrase which means “with due or necessary changes having been made”. A mutatis mutandis clause is a way to modify an existing contract or agreement by applying changes to make a similar agreement applicable to new circumstances. Under Florida law, a mutatis mutandis clause is used to modify an existing agreement in order to take into consideration new circumstances. For example, if a contract has been drafted but needs to be applied to a new situation, the clause can be used to adjust the terms without having to redraft the contract entirely. This makes it easier to make changes and still maintain the same purpose of the original agreement. The main purpose of a mutatis mutandis clause is to ensure that the original intent of the agreement is still honored, even with the changes made to fit the new circumstances. In order for a mutatis mutandis clause to be valid, the changes must not affect the main purpose of the agreement. For example, if a contract specifies that one party must pay the other a certain amount of money, then no other term should be changed to alter this. In summary, a mutatis mutandis clause is a legal term used in contracts to modify an existing agreement, while still honoring the original intent of the agreement. This clause is used in situations where the agreement needs to be applied to new circumstances and can be found in contract law in Florida.
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