Understanding Scrivener’s Error: When Small Typos Have Big Legal Consequences
We all make mistakes — even in the legal world. But what happens when a tiny typo in a contract has the power to change its entire meaning? That’s where the concept of a Scrivener’s Error comes in.
What Is a Scrivener’s Error?
A Scrivener’s Error is a minor mistake or accidental clerical blunders made at some point of the drafting or transcription of a prison record. It could be as simple as a typo, missing word, or incorrect number — but in law, even the smallest detail can carry big consequences.
What separates a Scrivener’s Error from a regular mistake is intent. Everyone involved in the agreement must have originally intended something different from what’s written. The written error does not reflect the actual mutual agreement.
Real-World Example
Let’s say a contract says that a client will pay $1,000 for services, but everyone had agreed it would be $10,000. If this was just a typing mistake — and not a change of terms — it’s a classic Scrivener’s Error.
Why It Matters
Legal documents are all about accuracy and intent. If a Scrivener’s Error goes unnoticed, it can lead to misinterpretations, disputes, and even lawsuits. That’s why courts allow corrections to these errors — but only under strict conditions.
How Do You Fix It?
Courts can reform or "correct" a Scrivener’s Error through a process called reformation. This involves:
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Proving that the mistake was unintentional.
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Showing clear evidence that both parties agreed on something different.
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Requesting a correction from the court.
Reformation does not rewrite the contract — it simply realigns the written words with the true agreement.
When Is It NOT a Scrivener’s Error?
If one party tries to change the document after realizing it doesn’t work in their favor — but the other party disagrees — then it’s not a Scrivener’s Error. That’s a legal dispute, not a clerical mistake.
How to Prevent These Errors
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Double-check contracts before signing.
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Use legal templates, but customize them with care.
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Hire a lawyer to review important agreements.
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Use contract software that catches inconsistencies.
Final Thoughts
A Scrivener’s Error may sound like a harmless slip-up, but in law, even a comma can make or break a case. Understanding what it means — and how to fix it — can protect you from legal headaches down the line.
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