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§ 1862.Written Words Control Over Inconsistent Printed Form

Title 1. Of the General Principles of Evidence · Enacted 1872 · no amendments on record · Last verified July 29, 2026

In one sentenceSection 1862 provides that when an instrument is part typewritten or handwritten and part a printed form, and the two conflict, the written words control over the inconsistent printed language.

Full Text of § 1862

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When an instrument consists partly of written words and partly of a printed form, and the two are inconsistent, the former controls the latter.

Plain-English Summary

Many instruments combine a preprinted form with blanks the parties fill in by hand or by typewriter, and this section resolves the conflict when those two parts do not line up. The words the parties themselves added, rather than the boilerplate printed in advance, control whenever the two are inconsistent.

The reasoning tracks ordinary expectation: printed form language is drafted in advance for general use, while the written additions reflect what these particular parties chose to say about their own deal. Giving the written words priority keeps the instrument's meaning tied to the parties' actual choices rather than to language they may not have focused on at all.

Frequently Asked Questions

What happens when an instrument's written and printed portions conflict?

The written words control over the inconsistent printed form language.

Why do written terms take priority over the printed form?

Because the written portions reflect the specific choices these parties made, while the printed form is generic boilerplate drafted in advance.

Does this rule apply to typed additions as well as handwritten ones?

The principle applies to the parties' own added language as distinguished from the preprinted form, regardless of how that added language was produced.

Amendment History

Enacted 1872.

Source & verification. Section text is reproduced verbatim from the West's Annotated California Codes / Thomson Reuters. Enacted by the California Legislature. Last verified July 29, 2026. · Official source
Also known as: written terms control over printed form californiahandwritten versus preprinted contract language