Legal Question in Business Law in Illinois

In law, what is a "scrivener's" error. If the scrivener transposed numbers or misspelled a name, I could see that as being an error. But if there is a total omission of something, would that be a scrivener's error. Specific reference is to an association where units 1 & 2 were legally recorded as being under certain covenants/restrictions. But he failed in said document to legally add units 3 & 4. Years later this was discovered. Is the failure to include 3 & 4 considered a "scrivener's error" or legally an omission made by the developer?


Asked on 8/19/10, 3:12 pm

3 Answers from Attorneys
Thomas Moens Moens Law Offices, Chartered

A scrivener's error is simply a "lawyerly" way of saying typographical error--whoever was typing or writing made a mistake. Without knowing more about the situation, it would be impossible to say if the omission was a scrivener's error.

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Answered on 8/25/10, 8:05 am

I agree with Tom. I think you need to consult a local attorney or hire someone online to conduct some research for you as these cases tend to be fact specific.

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Answered on 8/26/10, 9:24 am
Mark Hartzer

Google "Young v. Verizon", and you will see a billion with a B scrivener's error case that made it to the Federal appellate level here in Illinois. These can be very serious cases and I agree with Tom and Burton that you should consult an attorney if the amount in controversy is substantial.

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Answered on 8/30/10, 5:39 pm


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