Mutatis mutandis: Difference between revisions

Jump to navigation Jump to search
no edit summary
No edit summary
No edit summary
Line 1: Line 1:
''[[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 {{lawyer|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”.
{{def|Mutatis mutandis|/m(j)uːˌtɑːtɪs muːˈtandɪs/|adv|}}}} A genuinely tolerable [[Latin|Latinism]], that succinctly captures a concept with which English struggles. My [[secret Latin advisor]] tells me it means “with the things having been changed that need to be changed”. When you are applying a concept from one agreement into another by reference there remains that abject and unutterable fear that, rather like moving a train carriage to tracks of a different gauge, somehow it might not quite ''work''. Throwing in a ''[[mutatis mutandis]]'' is a {{legal eagle}}’s Rosetta stone, and operates 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 excellent fellow, by the way — an ''ablative absolute'' phrase. “Mutatis” is a [[past participle]] and “mutandis” is a ''[[gerundive]]''.
My secret Latin advisor also tells me it is an ''ablative absolute'' phrase. “Mutatis” is a [[past participle]] and “mutandis” is a ''[[gerundive]]''. don’t you just ''love'' it when he talks dirty?
 
I ''love'' it when he talks dirty.


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.”''
{{quote|“''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 {{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.
And let’s say, for some reason (just go with me here) that Bob and Joan want the same event 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 {{legal eagles}} tend to be — who thinks that isn’t so face-slappingly obvious you don’t need to say it, a cheeky [[mutatis mutandis]] can help.


''“In circumstance X, the Event of Default will apply to Joan, '''mutatis mutandis'''.''
{{quote|“''In circumstance X, the Event of Default will apply to Joan, '''mutatis mutandis'''.''”}}
As ugly as this seems, it is better than:
As ugly as this seems, it is better than ''In circumstance X, the Event of Default will apply to Joan, '''as amended so the provision applies to Joan and her lunch, and not Bob and his lunch'''.''
''“In circumstance X, the Event of Default will apply to Joan, '''as amended so the provision applies to Joan and her lunch, and not Bob and his lunch'''.''


===See also===
{{sa}}
*{{tag|Plain English}}
*{{tag|Plain English}}
*{{tag|Latin}}
*{{tag|Latin}}

Navigation menu