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NeCede's

Maxim 3.5.20

The mistakes of the writer ought not to harm.

Source: Jenk. Cent. 324; Weisman, 37l Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) Errors introduced by the drafter or copyist of a legal instrument do not invalidate the instrument — the parties should not suffer for the writer's mistake when the true intent is clear.

Where this applies

  • A contract contains a typo listing the purchase price as $10,000 instead of $100,000; the court reforms the contract to reflect the true agreement because the writer's mistake should not harm the parties.
  • A will names the wrong street address for a property bequest due to the drafter's error; the court admits extrinsic evidence to identify the correct property rather than voiding the gift.
  • A lease contains a drafting error that omits the renewal clause both parties agreed to; the court corrects the instrument because the scrivener's mistake ought not to harm the parties' intent.

Legal domains

Cite this maxim

NeCede Max. 3.5.20 — The mistakes of the writer ought not to harm. — Jenk. Cent. 324; Weisman, 37l

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