Legal Definitions - clerical error

A clerical error refers to a minor mistake or oversight made in the process of writing, copying, or transcribing information. These errors are typically unintentional, do not reflect a deliberate decision or a misunderstanding of the law, and are often easily corrected. They are usually mechanical in nature, such as typos, misspellings, or incorrect numerical entries.

Here are some examples to illustrate this concept:

• Imagine a court clerk preparing a final judgment document. The judge's order clearly stated that the defendant was to pay a fine of $500. However, when typing the document, the clerk accidentally entered $50 due to a slip of the finger. This is a clerical error because it's a simple transcription mistake that doesn't reflect a change in the judge's decision or a legal misinterpretation, and it can be corrected without altering the substance of the judgment.

• Consider a lawyer drafting a contract for the sale of a business. The agreed-upon closing date, as confirmed by both parties, was October 15th, 2024. However, when the paralegal typed the final version of the contract, they mistakenly wrote October 25th, 2024. This discrepancy is a clerical error. It's an accidental typo in a date that does not represent a new negotiation or a legal dispute, and both parties would likely agree to correct it to reflect their true agreement.

• Suppose a government agency is processing an application for a professional license. The applicant's name, as submitted on all official identification, is "Sarah J. Miller." When the agency employee entered the information into their database, they inadvertently typed "Sara J. Miller", omitting one 'h'. This misspelling is a clerical error. It's a minor data entry mistake that doesn't affect the applicant's qualifications or the legal validity of the license, and it can be rectified by updating the record.