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Understanding the Doctrine of Scrivener's Error in Legal Context
Definition & Meaning
The doctrine of scrivener's error is a legal principle that allows for the correction of typographical mistakes in written contracts. These errors can be adjusted using parol evidence"meaning verbal or extrinsic evidence"if the evidence presented is clear, convincing, and precise. However, if correcting the error impacts property rights, those affected must approve the changes. This doctrine addresses minor mistakes or inadvertent errors, distinguishing them from errors arising from judicial reasoning or interpretation.
Table of content
Legal Use & context
This doctrine is commonly used in contract law, particularly in civil cases involving written agreements. It provides a mechanism to ensure that the intent of the parties involved is honored, even when a minor error exists in the documentation. Users can manage related forms and procedures through resources like US Legal Forms, which offers templates drafted by qualified attorneys to assist in addressing scrivener's errors effectively.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A contract for the sale of a house states the sale price as $250,000 instead of the intended $350,000. The buyer and seller can present evidence of their original agreement to correct the price.
Example 2: A lease agreement mistakenly lists the rental term as one year instead of the intended two years. Both parties can agree to amend the document based on their discussions prior to signing. (hypothetical example)
State-by-state differences
State
Key Differences
California
Allows correction of scrivener's errors without extensive proof if both parties agree.
New York
Requires a higher standard of evidence to correct errors affecting property rights.
Texas
Permits corrections but emphasizes the need for clear documentation of intent.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Difference
Typographical Error
A mistake made in the typing process.
Broader term; scrivener's error specifically pertains to legal documents.
Parol Evidence Rule
A legal rule that prevents the use of oral statements to contradict written agreements.
Scrivener's error allows for correction despite this rule under certain conditions.
Common misunderstandings
What to do if this term applies to you
If you believe a scrivener's error affects your contract, gather any relevant documents and evidence that demonstrate the intended terms. It may be beneficial to consult with a legal professional to ensure your rights are protected. Additionally, you can explore US Legal Forms for templates that can help you draft necessary amendments or agreements.
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