In Law
See also: Mistake (contract law)There is a considerable body of case law concerning the proper treatment of a scrivener's error. For example, where the parties to a contract make an oral agreement that, when reduced to a writing, is mis-transcribed, the aggrieved party is entitled to reformation so that the writing corresponds to the oral agreement.
A scrivener's error can be grounds for an appellate court to remand a decision back to the trial court. For example, in Ortiz v. State of Florida, Ortiz had been convicted of possession of less than 20g of marijuana, a misdemeanor. However, Ortiz was mistakenly adjudicated guilty of a felony for the count of marijuana possession . The appellate court held that "we must remand the case to the trial court to correct a scrivener's error."
Read more about this topic: Clerical Error
Famous quotes containing the word law:
“Like other high subjects, the Law gives no ground to common sense.”
—Mason Cooley (b. 1927)
“The very existence of government at all, infers inequality. The citizen who is preferred to office becomes the superior to those who are not, so long as he is the repository of power, and the child inherits the wealth of the parent as a controlling law of society.”
—James Fenimore Cooper (1789–1851)