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Mutatis mutandis: Difference between revisions
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Mutatis mutandis is a genuinely tolerable [[Latin|Latinism]], because it so succinctly captures a concept with which English struggles. According to my [[secret Latin advisor]], it means “with the things having been changed that need to be changed”. A less able lawyer would render this like so: “as amended so the provision makes sense in the context in which | Mutatis mutandis is a genuinely tolerable [[Latin|Latinism]], because it so succinctly captures a concept with which English struggles. According to my [[secret Latin advisor]], it means “with the things having been changed that need to be changed”. A less able lawyer would render this like so: “as amended so the provision makes sense in the context in which you’ve just applied it”. | ||
It is, sayeth my advisor, an ablative absolute phrase. “Mutatis” is a past participle and “mutandis” is a gerundive. | It is, sayeth my advisor, an ablative absolute phrase. “Mutatis” is a past participle and “mutandis” is a gerundive. | ||
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For example, say Bob and Joan have an agreement where a certain [[Event of Default]] applies to Bob only. | For example, say Bob and Joan have an agreement where a certain [[Event of Default]] applies to Bob only. | ||
''“It will be an [[Event of Default]] if Bob forgets to bring his lunch to school one day.”'' | ''“It will be an [[Event of Default]] if Bob forgets to bring his lunch to school one day.”'' | ||
And let’s say, for some reason (just go with me here) that Bob and Joan want that Event of Default to apply to Joan in one circumstance only. But only if Joan forgets to bring in ''her'' lunch (not Bob’s). If you’re the kind of soul — and most [[Mediocre lawyer|solicitors]] are — who thinks that isn't so face-slappingly obvious you | And let’s say, for some reason (just go with me here) that Bob and Joan want that Event of Default to apply to Joan in one circumstance only. But only if Joan forgets to bring in ''her'' lunch (not Bob’s). If you’re the kind of soul — and most [[Mediocre lawyer|solicitors]] are — who thinks that isn't so face-slappingly obvious you don’t need to say it, you might find [[mutatis mutandis]] can help. | ||
''“In circumstance X, the Event of Default will apply to Joan, '''mutatis mutandis'''.”'' | ''“In circumstance X, the Event of Default will apply to Joan, '''mutatis mutandis'''.”'' | ||