A scrivener’s error is a type of clerical error that occurs in a legal document, contract, or other written instrument. It’s a mistake made during the act of writing, transcribing, or copying, and is not an error in judgment, legal reasoning, or a change in the intended meaning.
Think of it as a typo, a misspelling, an incorrect number, or a similar minor mistake that is clearly an inadvertence. The term “scrivener” comes from a historical profession of a scribe or clerk who would copy documents.
🔍 Definition
A scrivener’s error (also called a “clerical error”) is:
An unintentional mistake in writing or copying a document, especially one made by a clerk, scribe, or someone drafting legal paperwork.
🏛️ Legal Use
In legal contexts, courts often have the authority to correct scrivener’s errors when:
The intent of the parties is clear from other parts of the document.
The mistake is obviously unintentional.
Correcting it doesn’t change the substance of the agreement.
⚖️ Example:
Suppose a contract says:
“The borrower shall repay the loan in 2050.”
But all other evidence shows both parties agreed on 2025. A court may allow a correction if it was clearly a scrivener’s error.
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đź“ť Common Examples
Misspelled names
Wrong date (e.g., 2024 instead of 2025)
Numerical errors in addresses or amounts
Incorrect cross-referencing (e.g., referencing “Section 9” instead of “Section 6”)
- A contract mistakenly lists a date as “November 3, 2025” when all parties intended it to be “December 7, 2025.”
- A court document misidentifies a defendant as “John Smith” instead of the correct “John Smyth.”
- A legal statute has a typo that makes a sentence grammatically incorrect, but the legislative intent is obvious.
âť— Not to Be Confused With:
Substantive error – which would affect the core terms of the document and usually requires formal reformation or renegotiation, not just a correction.
âś… Bottom Line
A scrivener’s error is:
A clerical slip
Legally fixable without changing intent
Usually easy to spot and correct with supporting evidence
If you’re dealing with one in a contract or legal filing, courts usually allow a correction—sometimes through a motion or formal amendment.
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