Consequences of a breach of employment contract on the employer's part

Consequences of technical errors in the contract

Technical errors in contracts are not uncommon, but they are usually detected only when considering a legal dispute related to the execution of the relevant agreement. If any errors of this kind are revealed accidentally in the absence of contradictions between the parties to the contract, they are usually corrected by mutual agreement, for which it suffices to conclude an additional agreement. In the overwhelming majority of cases, technical errors go unnoticed, since the parties do not take into account all the conditions of the contract at the stage of its execution. The discovery of such errors can cause major problems in the event of a legal dispute, the subject of which follows directly from the content of the agreement.

What do they do when detecting technical errors in court?

Civil law contains unambiguous instructions regarding the interpretation of the terms of any agreement.It is these rules that the courts adhere to when detecting technical errors in the contract. In particular, the meaning of the contract will be established on the basis of its literal content. If a technical error makes the literal content unclear, then other contractual terms are investigated, with which the content of an unclear item is compared. It also takes into account the general meaning of the agreement and the direction of the will of the parties. That is why typical typos, omissions of letters, words, signs, inconsistencies and other technical errors usually do not matter. Such inaccuracies, as a rule, are contained in all copies of the contract, since they are allowed at the computer typing stage of the agreement.

What to do with a significant distortion of meaning?

Sometimes there are significant technical errors in the contract, which completely distort its semantic content. At the same time, the general meaning of the agreement or its other conditions do not allow unambiguously to establish the actual will of the agreed parties. A classic example of a technical error of this type is the omission of the “not” particle or its excessive use in formulating the duties of any party.In this case, the condition of the contract may be given the opposite meaning, and it can be difficult to prove the existence of a technical error. In this case, the law requires the court to evaluate other evidence provided by the interested party. For example, assistance in the interpretation of an agreement may be provided by a preliminary correspondence between the parties, in which the basic terms of the disputed contract were agreed upon.

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Consequences of technical errors in the contract

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