Legal Definitions - error nominis

Error nominis refers to a minor mistake or inaccuracy in a person's name, such as a misspelling, an incorrect middle initial, or a slight variation. This legal principle acknowledges that despite the error, the identity of the intended individual is clear and unambiguous. It's about a detail in the name, not a complete misidentification of the person themselves.

• Scenario: A Property Deed

  A property deed for a new home lists the buyer as "Ms. Eleanor Vance" when her full legal name is "Ms. Elinor Vance." All other identifying information, such as her address, social security number, and signature, correctly match Elinor Vance.

  How it illustrates error nominis: This is an error nominis because the misspelling of "Eleanor" as "Elinor" is a minor detail in the name. It's clear that Elinor Vance is the intended buyer and owner, and the slight spelling difference does not create confusion about her identity.

• Scenario: A Legal Contract

  A business contract is drafted between two parties, and one party is identified as "Mr. David S. Miller." However, Mr. Miller's correct middle initial is "T," making his full name "Mr. David T. Miller." He signs the contract, and all other terms and conditions are agreed upon.

  How it illustrates error nominis: Here, the incorrect middle initial "S" instead of "T" is an error nominis. The individual signing the contract is undeniably David T. Miller, and the minor discrepancy in his middle initial does not invalidate the contract or create doubt about which person was intended to be bound by its terms.

• Scenario: A Court Summons

  A court issues a summons for "Jonathan P. Williams" to appear as a witness. The actual witness's name is "Jonathon P. Williams." The address and other contact details on the summons are correct, and Jonathon receives and understands he is the intended recipient.

  How it illustrates error nominis: The slight spelling difference between "Jonathan" and "Jonathon" constitutes an error nominis. Since the address and other details correctly point to Jonathon P. Williams, and he recognizes himself as the intended party, the minor name variation does not prevent the summons from being effective or create confusion about the witness's identity.