MEANING AND USE OF THE LEGAL TERMS: MUTATIS MUTANDIS

“Mutatis mutandis” is a Latin phrase used in law, particularly in contracts and statutes. It means “with necessary changes” or “once the necessary changes have been made.” When this term is employed, it indicates that certain details or provisions being discussed apply with the appropriate alterations to fit a new situation or context, while the essential principles remain the same.

In legal language, it serves to emphasize that a statement or rule should be applied or adapted to a different circumstance while keeping the relevant fundamentals intact. For instance, in contract law, if a clause from one contract is applied to another contract “mutatis mutandis,” it means that the clause should be adjusted as necessary to suit the new contract’s context while maintaining its essential purpose.

Here’s an example: “The terms of the lease agreement shall apply to the sublease, mutatis mutandis.” In this context, it implies that the terms in the original lease agreement are to be applied to the sublease but with necessary modifications to fit the new arrangement while keeping the fundamental principles unchanged.

Using “mutatis mutandis” in legal documents helps avoid redundancy by incorporating existing provisions or principles with required adjustments rather than restating everything from scratch.