Glossary entry

Dutch term or phrase:

kennelijke verschrijving

English translation:

an apparent error

Added to glossary by Luuk Arens
Apr 19, 2010 11:42
14 yrs ago
3 viewers *
Dutch term

kennelijke verschrijving

Dutch to English Other General / Conversation / Greetings / Letters
Change log

Apr 19, 2010 11:55: writeaway changed "Field" from "Law/Patents" to "Other" , "Field (specific)" from "Law (general)" to "General / Conversation / Greetings / Letters"

Votes to reclassify question as PRO/non-PRO:

Non-PRO (1): Buck

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Discussion

sindy cremer Apr 19, 2010:
The legalese lies in the word "kennelijke". For obvious reasons (pun intended).
Lianne van de Ven Apr 19, 2010:
legalese or not If you enter "kennelijke verschrijving" in google, you will get a long list of entries that almost all have to do with legal issues around 'errors in writing', including court decisions, lawyer's web pages, and reference articles. Added to the client's comment, makes this, i.m.h.o. a proper legal terminology question ;-)
Buck Apr 19, 2010:
Still That still doesn't make it a legal term. Typos may have more far-reaching consequences in a legal text, but that doesn't make it a legal term.
Lianne van de Ven Apr 19, 2010:
@ Buck Not just those two words, also the fact that the asker mentions that the client told him it is a common legal term. In legal context it is about the legal implications. That's why the term came in use to begin with.
Buck Apr 19, 2010:
From just those two words? How can you draw that conclusion from just two words?
Lianne van de Ven Apr 19, 2010:
@ Buck Please look around for 'vormfout' versus 'kennelijke verschrijving'. You are right that typos occur in any context, but this is about the legal implications of such errors.
Buck Apr 19, 2010:
Not legal That's because this is not specifically a legal term. Typos can occur in any text.
Lianne van de Ven Apr 19, 2010:
This is (Dutch) legalese That was rather easy to find on the internet. I can't find much about the legal implications of an 'error in writing' but that phrasing seems to fit. Please reclassify as 'legal' - but it is still undesirable to post questions without any context. (I am pleased to see that by changing the category from 'legal' to 'general/conversation/greetings/letters' I am all of a sudden classified as an 'expert' in the field!)
Textpertise Apr 19, 2010:
I agree it isn't used this way, Buck Hold your horses. It was just an idea but it didn't pan out.
Buck Apr 19, 2010:
whoa, nelly wilful misrepresentation? How on earth could you get that from the term submitted?
Textpertise Apr 19, 2010:
Could it be wilful misrepresentation? In your context, could it be wilful misrepresentation? Deliberately not describing something correctly?
I do not have time to check this out right now. Having done a quick check, I don't think it can be used in this way.
Luuk Arens (asker) Apr 19, 2010:
The client told me that it is a very common legal term.
writeaway Apr 19, 2010:
What does this have to do with legal terminology? There is no context at all and this isn't legalese afaik.

Proposed translations

+2
6 mins
Selected

an apparent typo

pretty standard phrase
Peer comment(s):

agree writeaway : definitely non-pro and nothing to do with legalese (or are there only typos in contracts all of a sudden?). Jurlex gives slip of the pen/clerical error but this would be the most idiomatic solution imo.
4 mins
ta
agree Tina Vonhof (X) : Apparent is better than obvious. If it appears in a legal document, I would say 'error' instead of typo.
3 hrs
Something went wrong...
4 KudoZ points awarded for this answer. Comment: "Thank you all for your suggestions, feedback and comments. Luuk"
+1
5 mins

obvious error in writing

or manifested ...
Peer comment(s):

agree Lianne van de Ven : I agree with 'error in writing' but I feel very strongly that 'obvious' should be omitted (so much so that I almost think it deserves a separate entry)
3 hrs
Something went wrong...
+1
18 mins

obvious slip of the pen

Another option. I have actually seen this term used on a couple of occasions in legal opinions.
Peer comment(s):

agree writeaway : exactly what's listed in Jurlex (along with clerical error). assuming people are still writing with pens.
5 mins
Something went wrong...
5 hrs

Definite (manifest) clerical error (or error in writing)

...
Something went wrong...

Reference comments

3 hrs
Reference:

error in writing

3. It shall not be possible to bind user to his offers and tenders if the consumer should have understood in accordance with the requirements of reasonableness and fairness and according to the usual criteria in social and economic life that the offer or tender, or part thereof, obviously contains a mistake or an error in writing.
http://www.bahrain-grand-prix.com/en/informations/Legal-Info...

Gelet op het uitdrukkelijk vermelde “concurrentiebeding” kan er geen twijfel bestaan aan wat deze partijen beoogden overeen te komen: een verbod voor de werknemer om voor klanten en relaties van de werkgever te werken. Het ontbreken van het woordje niet is wat een “kennelijke verschrijving” wordt genoemd, hetgeen betekent dat iedere leek begrijpt dat er een vergissing in het spel is.
http://www.wieringa-advocaten.nl/nlblawg.php?id=921
Peer comments on this reference comment:

agree writeaway : so Shakespearean. much ado about nothing. even this explanation proves there is no difficulty involved here. ;-)
51 mins
To be AND not to be, that's the question!
agree Barend van Zadelhoff
1 hr
neutral sindy cremer : "obvious" or equivalent must be added if opting for "error in writing".
1 hr
Something went wrong...
3 hrs
Reference:

Definitely Dutch legalese

“Kennelijke verschrijving”

http://books.google.nl/books?id=8VWto79axW4C&pg=PA32&lpg=PA3...

3.1 .2 Kennelijke verschrijving Op grond van art. 31 Rv verbetert de rechter te allen tijde op verzoek van een partij of ambtshalve in zijn vonnis, ..

=====

https://www.werk.nl/pucs/groups/public/documents/document/pt...
Het burgerlijk procesrecht kent de figuur van een herstelbeschikking/vonnis. Hierin is de term
“kennelijke verschrijving” gangbaar. Een kennelijke verschrijving is een taalkundige fout die zo
evident is dat het voor eenieder duidelijk moet zijn dat hier van een fout/misslag sprake is.

=====
Hundreds of other examples to be found on the net, (practically) all of a legal nature… (haven't found any that weren't, but haven't checked all of them).

IMHO the term must be translated by something slightly more formal than “typo”.

Hence clerical error (also suggested by JurLex, as indicated by Writeaway)

http://legal-dictionary.thefreedictionary.com/Clerical Error
A mistake made in a letter, paper, or document that changes its meaning, such as a typographical error or the unintentional addition or omission of a word, phrase, or figure.

Or scrivener’s error:

http://www.yourdictionary.com/law/scrivener-s-error

and WIKI:

"A clerical error in a legal document is called a scrivener's error."

...although I’m not too sure whether it's US rather than UK English..

or Annabel’s suggestion

"
http://www.sudbih.gov.ba/files/docs/presude/2009/Kurtovic_De...
Deciding ex officio, the Court established that the aforementioned Judgement, particularly in the operative part and the Reasoning in Paragraph 64, contained an obvious technical error made while referring to the applicable Law imprecisely.
Given the fact that this was an obvious error in writing, an omission which amounts to a formal (technical) defect which alters neither the contents of the Judgement nor the Decision rendered, therefore the Court, by applying the provision set forth in Article 291(1) of the CPC of BiH, has decided as indicated in the operative part. "

or if the text allows, “slip of the pen".

But NOT typo.
Peer comments on this reference comment:

agree Lianne van de Ven : Thank you!
14 mins
neutral writeaway : the ref under Lianne's explanation does allow the use of typo in English
18 mins
agree Barend van Zadelhoff
23 mins
agree Kitty Brussaard
5 hrs
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