The Supreme Court ruled that “It is an established principle that rectification is not necessary if there is obvious mistake or misnomer in a document. The learned trial judge held that there was a typographical error and that the reference relevant to the specific performance entitlement of Clause 6 should be Clause 3 instead, which dealt with the payment of the balance of the purchase price. In relation to a written contract of sale and purchase of shares of a company (“ Contract”), Clause 6 of the Contract relating to the entitlement to specific performance referred to Clause 2 of the Contract, which dealt with the application for approval of the Foreign Investment Committee. Typo errors can come in different forms, including as a misnomer, a wrong cross-referencing, or just simply a misspelling. The problem is, the typo error can be so miniscule but can change the meaning of a term or condition of a contract.įurther, one party of a contract might take unfair advantage on the typographical error, refuse to acknowledge that it is in fact an error and use it to his advantage, even if the error is obvious. Essentially, it is an error of miswriting or misspelling a word whilst finalising a document. The popular term that people generally adopt though is ‘typo error’. Typographical error in a legal document is also known as a scrivener’s error. Telecommunication, Multimedia & TechnologyĬourt’s Decision on Obvious Typo Errors in Contracts.Litigation, Arbitration & Dispute Resolution.
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