Legal Definitions - falsa demonstratio

Falsa demonstratio is a Latin legal principle that addresses an erroneous or false description of a person or thing within a legal document. It means that a simple mistake in identifying someone or something will generally not invalidate the entire document or a specific part of it, as long as the true intention of the document's creator can be clearly understood despite the error.

The core idea is that an inaccurate detail should not defeat the clear overall purpose or intent of a legal instrument. If the intended subject or object can be identified with reasonable certainty, the minor descriptive error is disregarded.

• Example 1: A Will with a Misidentified Beneficiary

  Imagine a will that states, "I bequeath my antique pocket watch to my niece, Sarah Miller, who lives in London." The testator (the person making the will) has two nieces named Sarah Miller: one who lives in London and another who lives in Paris. However, the testator frequently corresponded with the niece in Paris about antique watches and had even shown her the specific watch in question, while the niece in London had no interest in antiques and rarely communicated with the testator.

  How it illustrates falsa demonstratio: The phrase "who lives in London" is the false description. Despite this inaccuracy, other evidence (the testator's relationship, shared interests, and discussions about the watch) clearly indicates that the niece in Paris was the intended beneficiary. A court would likely apply the principle of falsa demonstratio, disregard the incorrect geographical detail, and ensure the antique pocket watch goes to the niece in Paris, as that was the testator's true intent.

• Example 2: A Real Estate Contract with an Incorrect Address Number

  Consider a contract for the sale of a residential property. The contract accurately describes the property by its legal description (e.g., "Lot 15, Block C, of the Lakeside Estates Subdivision, as recorded in Plat Book 20, Page 30, County of Green Valley") but mistakenly lists the street address as "123 Oak Avenue" when the correct address for that legal description is "125 Oak Avenue." Both the buyer and seller visited the property at 125 Oak Avenue, and all negotiations were clearly about that specific house.

  How it illustrates falsa demonstratio: The incorrect street number ("123 Oak Avenue") is the false description. However, the precise legal description of the property, combined with the clear understanding and actions of both parties, leaves no doubt about which specific house was intended for sale. A court would apply falsa demonstratio, prioritize the accurate legal description and the parties' intent, and enforce the contract for the property at 125 Oak Avenue, overlooking the minor error in the street number.

• Example 3: A Business Agreement Referencing an Outdated Company Name

  A long-term service agreement between two companies refers to one party as "Acme Solutions Inc." However, prior to signing the agreement, Acme Solutions Inc. had legally changed its name to "Acme Global Corp." The agreement was signed by the CEO of Acme Global Corp., using the company's new letterhead, and all services were subsequently provided by Acme Global Corp. under the terms of the agreement.

  How it illustrates falsa demonstratio: The use of "Acme Solutions Inc." is the false description. Despite this outdated name, the clear actions of the parties, the signature of the CEO of the successor company, and the actual performance of services demonstrate that the agreement was intended to be with Acme Global Corp. A court would apply falsa demonstratio, recognize that the agreement is valid and binding on Acme Global Corp., and disregard the minor error in the company's name.