HopefullyInLawSchool
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LSDefine
Simple English definitions for legal terms
doctrine of scrivener's error
Read a random definition: Hadley v. Baxendale rule
A quick definition of doctrine of scrivener's error:
The Doctrine of Scrivener's Error is a rule that allows a mistake in a written document to be corrected if there is clear and convincing evidence of a typographical error. This means that if there is a mistake in a document that was not intended, it can be fixed as long as there is proof that it was a mistake. This rule only applies to minor errors, like spelling mistakes or typos, and not to major mistakes like changing the meaning of a contract.A more thorough explanation:
The Doctrine of Scrivener's Error is a rule that allows a typographical error in a legal document to be corrected by parol evidence if the evidence is precise, clear, and convincing. This means that if there is a mistake in a legal document, it can be fixed if there is enough evidence to prove that it was a simple error and not intentional.
For example, if a contract mistakenly states that the price of a product is $100 instead of $200, the Doctrine of Scrivener's Error can be used to correct the mistake if there is evidence that it was a simple typo and not intentional.
Another example is if a court order mistakenly states the wrong date for a hearing, the Doctrine of Scrivener's Error can be used to correct the mistake if there is evidence that it was a simple error and not intentional.
The Doctrine of Scrivener's Error is important because it allows for mistakes to be corrected without having to go through the process of creating a new legal document or going to court to fix the mistake.
doctrine of preclusion of inconsistent positions | doctrine of separate spheres