Legal Question in Business Law in New Hampshire

contract law

If there is an obvious clerical error in a contract could the contract be deemed unenforcible?


Asked on 8/20/08, 12:08 pm

2 Answers from Attorneys

Lawrence Graves Coolidge & Graves PLLC

Re: contract law

No. The likeliest result is that a court would "reform" the contract to correct the error, if the matter ever got that far. Since that is the scenario, lawyers for the parties would simply agree to correct the error.

Best wishes,

LDWG

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Answered on 8/20/08, 1:12 pm
Herbert Cooper Law Offices of Jameson & Cooper

Re: contract law

Concurring with the prior answer, a clerical error will usually not result in the contract being unenforceable, but the error will be corrected by the court, assuming there is no ambiguity and it is clear what the error is and what the correct term should be.

However, there could be exceptions, such as an error in a key term where the correct term cannot be determined from the contract language and circumstances surrounding the creation of the contract, and it would be unfair to enforce the contract in the absence of a clear understanding of what the parties meant.

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Answered on 8/22/08, 11:38 pm


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