Legal Definitions - vitium scriptoris

vitium scriptoris

This Latin term refers to a historical legal concept describing an error that occurs purely in the act of writing or copying a document. It is a clerical mistake made by a scribe, clerk, or other person transcribing information, rather than an error in legal judgment or a factual inaccuracy in the original content itself. Such an error is typically evident when the written document deviates from the clear intent or original instruction.

• Imagine a legal assistant drafting a complex real estate contract. In a clause specifying the purchase price, they accidentally type "$50,000" instead of the agreed-upon "$500,000". If all other correspondence, the initial offer, and the parties' discussions clearly indicate the higher amount, this discrepancy would be considered a vitium scriptoris. It's a simple transcription error that does not reflect the true agreement of the parties.

• Consider a court clerk preparing the official written judgment after a judge has delivered an oral ruling. If the judge clearly stated that a particular motion was "granted," but the clerk mistakenly types "denied" in the final written order, this would be an example of vitium scriptoris. The error lies in the transcription process, not in the judge's actual decision, and could likely be corrected by the court.

• Suppose a paralegal is preparing a will for a client. The client explicitly states that their property at "123 Oak Street" should go to their niece. However, when typing the will, the paralegal accidentally writes "132 Oak Street." If there is clear evidence of the client's intent regarding the correct address (e.g., previous drafts, client notes), this mistake in writing the address would be a vitium scriptoris, as it's a clerical error in transcribing the client's wishes.