Define: Doctrine Of Scriveners Error

Doctrine Of Scriveners Error
Doctrine Of Scriveners Error
Quick Summary of Doctrine Of Scriveners Error

The Doctrine of Scrivener’s Error permits the correction of a typographical error in a written document if there is evident and persuasive proof of the mistake. In other words, if a mistake is found in a document that was unintentional, it can be rectified as long as there is evidence that it was indeed a mistake. However, this rule is only applicable to minor errors such as spelling mistakes or typos, and does not extend to major errors that alter the contract’s meaning.

Full Definition Of Doctrine Of Scriveners Error

The Doctrine of Scrivener’s Error is a rule that permits the correction of typographical errors in legal documents through the use of parol evidence, provided that the evidence is precise, clear, and convincing. In essence, this means that if a mistake is found in a legal document, it can be rectified if there is sufficient evidence to demonstrate that it was a mere oversight and not an intentional act. For instance, if a contract erroneously states that the price of a product is $100 instead of $200, the Doctrine of Scrivener’s Error can be invoked to rectify the error if there is evidence indicating that it was a simple typographical error and not a deliberate act. Similarly, if a court order mistakenly specifies the wrong date for a hearing, the Doctrine of Scrivener’s Error can be used to correct the mistake if there is evidence showing that it was a simple mistake and not intentional. The significance of the Doctrine of Scrivener’s Error lies in its ability to facilitate the correction of mistakes without the need to create a new legal document or resort to court proceedings.

Doctrine Of Scriveners Error FAQ'S

The Doctrine of Scrivener’s Error is a legal principle that allows for the correction of clerical or typographical errors in legal documents, contracts, or court judgments.

If a contract contains a mistake due to a typographical error or clerical error, the Doctrine of Scrivener’s Error can be invoked to correct the mistake and reflect the true intention of the parties involved.

No, the Doctrine of Scrivener’s Error can only be used to correct minor errors, such as misspellings, incorrect dates, or numerical mistakes. It cannot be used to alter the substance or terms of a contract.

Either party to a contract or a court can invoke the Doctrine of Scrivener’s Error to correct a mistake in a legal document.

The party seeking to correct the error must file a motion or petition with the court, providing evidence of the mistake and requesting the correction. The court will then review the evidence and make a decision.

Yes, if a court judgment contains a clerical or typographical error, the Doctrine of Scrivener’s Error can be used to correct the mistake and ensure the judgment accurately reflects the court’s decision.

Yes, there are limitations. The error must be a genuine mistake and not a result of negligence or intentional misconduct. Additionally, the correction must not prejudice the rights of any party involved.

Yes, the Doctrine of Scrivener’s Error can be used to correct mistakes in wills or trusts, as long as the error is a clerical or typographical mistake and not a substantive change to the document.

Yes, there is usually a time limit for invoking the Doctrine of Scrivener’s Error. It is important to act promptly and file a motion or petition with the court as soon as the mistake is discovered.

In some cases, the Doctrine of Scrivener’s Error can be used to correct errors in public records, such as birth certificates or property deeds. However, the process may vary depending on the jurisdiction and specific circumstances.

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This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 30th April 2024.

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