What is a mutatis mutandis clause?
A mutatis mutandis clause is a legal term used in contract law in South Carolina. It is a Latin phrase meaning “with the necessary changes” and is typically used to indicate that the contents of the clause remain unchanged, but that other elements may be altered or adjusted to match the situation. For example, a mutatis mutandis clause could be used in a contract between two parties in which they agree to certain terms based on current circumstances, but that those terms can be changed with the necessary adjustments made. This means that, if the need arises, the parties to the contract can make changes to those terms in order to accommodate the situation at that time. In other words, the clause acts as a way to protect both parties in a contract. By having a mutatis mutandis clause, both parties are assured that their agreement can be altered in the event of unexpected changes without the need to rewrite the entire contract. This type of clause is used quite frequently in South Carolina contract law as it is a way to ensure all parties are aware of the parameters of their agreement, while also allowing for flexibility. Ultimately, the clause allows for changes that are needed to be made throughout the course of the contract without either party having to create a new agreement.
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