What is a mutatis mutandis clause?
A mutatis mutandis clause is a term used in contract law which refers to a certain kind of contract provision. It is a Latin phrase which literally means “with the necessary changes having been made.” It is usually used when one or more of the parties to a contract agree to make changes or modifications to their agreement, such as the time frame for completing a task, or the amount for which the goods or services will be sold. In North Carolina, a mutatis mutandis clause may be used as part of a contract when the parties agree to make changes or modifications to the original agreement without the necessity of having to renegotiate the entire contract. This type of clause helps protect the parties and their interests as it prevents them from needing to go back to the drawing board with regards to renegotiating the original contract. In North Carolina, a mutatis mutandis clause may also be used when one of the contracting parties believes that a previously agreed upon term is no longer appropriate or feasible. For example, if the price of a good or service has changed significantly due to circumstances outside of the control of either of the parties, then a mutatis mutandis clause may be used to adjust the agreed upon price without the need for renegotiating the entire contract. In the state of North Carolina, a mutatis mutandis clause is an important and valuable tool in helping to protect parties’ best interests and ensuring their overall satisfaction with the contract. By carefully crafting the language of the clause, it can be the difference between a successful and unsuccessful contract.
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