Legal Definitions - errore lapsus

The term errore lapsus refers to a mistake that occurs due to an oversight, a slip, or an understandable error, particularly in a historical legal context. Such an error was typically considered minor and generally not significant enough to invalidate a contract or a legal action.

Here are some examples to illustrate this concept:

• Imagine a historical contract for the sale of a specific plot of land. In one paragraph, the contract mistakenly refers to the "eastern boundary" when all other descriptions, maps, and the clear understanding between the parties pointed to the "western boundary." If this was a simple clerical error, easily corrected or understood in context without changing the fundamental agreement of what land was being sold, it would be considered an errore lapsus. The mistake would likely not have been sufficient to invalidate the entire land sale contract.

• Consider a legal document filed in court, such as a petition, where a lawyer accidentally types "January 15th" instead of "January 16th" for a non-critical date, like the date a preliminary meeting occurred. If the actual date of the meeting was not central to the legal argument or the outcome of the case, and the correct date could be easily inferred or was otherwise documented, this minor factual inaccuracy would be an errore lapsus. It would not typically lead to the dismissal of the petition or invalidate the legal proceedings.

• Suppose two merchants in the past were negotiating a deal for a shipment of goods. During their verbal exchange, one merchant briefly misstated the quantity as "fifty units" when they clearly intended and immediately corrected themselves to "fifteen units," which was then accurately recorded in the subsequent written agreement. This momentary verbal slip, quickly rectified and not leading to a genuine misunderstanding of the final terms, would be an errore lapsus. It would not have been grounds to claim the entire agreement was void due to a fundamental mistake.