L-R: Gaby Colvin, Jacob Fargo, and Lara Flath of Skadden, Arps, Slate, Meagher & Flom. Courtesy photos That's Not What the Parties Meant: How New York Courts Balance Intent, Conduct, and the Statute of Limitations in the Context of Scrivener's Errors
This article explores so-called "scrivener's errors"—a mistake that occurs when parties have reached a mutual oral agreement but the signed writing does not express that agreement and one of the parties seeks to reform the contract.
April 10, 2024 at 10:00 AM
8 minute read
Commercial Litigation
In this article, we explore so-called "scrivener's errors"—a mistake that occurs when parties have reached a mutual oral agreement but the signed writing does not express that agreement and one of the parties seeks to reform the contract. VNB N.Y. v. Chatham Partners, No. 114222/10, 2013 N.Y. Slip Op. 33535(U), at *5 (Sup. Ct. N.Y. Cnty. 2013). These errors have the capacity to affect the validity, interpretation and enforceability of contractual agreements and thus can profoundly impact transactions and business operations.
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