Legal Definitions - doctrine of scrivener's error

The doctrine of scrivener's error is a legal principle that allows a court to correct a clear and obvious mistake in a written document, such as a contract, will, or deed. This doctrine applies when the mistake is a simple clerical error or typo that does not reflect the true intention of the people who created or signed the document. To correct such an error, a court can consider evidence from outside the document itself (known as "parol evidence"), but only if that evidence is precise, clear, and convincing, demonstrating what the parties truly intended.

Here are some examples of how the doctrine of scrivener's error might apply:

• Real Estate Purchase Agreement: Imagine a couple signs a contract to purchase a specific piece of land. However, due to a clerical error by the person drafting the document, the legal description in the contract mistakenly refers to an adjacent, smaller parcel of land. Both the buyer and seller viewed, negotiated for, and intended to transact for the larger parcel, and they have emails and text messages confirming this intent.

  Explanation: This is a scrivener's error because the written contract contains a clear mistake (the wrong legal description) that contradicts the undisputed mutual intent of both parties. A court, presented with the precise and convincing external evidence (emails, texts, testimony), would likely use the doctrine of scrivener's error to reform (correct) the contract to accurately reflect the larger parcel of land the parties intended to buy and sell.

• Last Will and Testament: An individual prepares their will, intending to leave a specific antique watch to their grandchild, Emily. However, when the will is typed up, the name is mistakenly written as "Emma," a different, unrelated person. The individual's attorney and family members can provide testimony and previous drafts of the will that consistently named Emily as the intended recipient of the watch.

  Explanation: This scenario illustrates a scrivener's error. The will contains a typographical mistake in the beneficiary's name that does not align with the testator's (the person making the will) true wishes. If the evidence (attorney testimony, prior drafts) is precise, clear, and convincing, a court could apply the doctrine to correct the will, ensuring the antique watch goes to Emily as originally intended.

• Commercial Loan Agreement: A small business secures a loan from a bank. During negotiations, both parties agree to an annual interest rate of 6.5%. However, when the final loan agreement is printed and signed, the interest rate is mistakenly listed as "0.65%." The bank's internal loan approval documents and all pre-contract correspondence clearly show the agreed-upon rate was 6.5%.

  Explanation: This is a scrivener's error because the written agreement contains an obvious numerical mistake that drastically alters a fundamental term (the interest rate) and does not reflect the actual agreement between the bank and the business. A court, upon reviewing the precise and convincing external evidence (internal documents, correspondence), would likely reform the loan agreement to state the correct 6.5% interest rate, upholding the true intent of both parties.