If a contract consists of a few typos, can it still be legally binding?

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If a contract consists of a few typos, can it still be legally binding?

The word “sale” should have been written as “sell”.

Asked on March 12, 2012 under Business Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Yes, a contract is binding with typos. The law does not require perfection in contracts; all that is required is that the mutual intent of the parties be discernable from the contract, since that's what a contract is: a legally enforceable expression of two (or more) parties' intent. So, for example, say that this is a commission agreement for a sales representative, and the clause should read, "Representative shall use his/her best efforts to sell the employer's goods .. ." but was instead written "Representative shall use his/her best efforts to sale the employer's goods..."--since the intention is still clear and easy to discern, the agreement is enforceable.


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