Legal Definitions - false demonstration

The legal term false demonstration, often referred to by its Latin counterpart falsa demonstratio, describes a situation where a legal document contains an incorrect or superfluous description of a person or thing, but this error does not invalidate the document because the true identity of the person or thing can still be clearly ascertained.

In essence, the principle means that a mistake in a minor detail or description will not defeat the clear intention or identification expressed elsewhere in the document. If the core subject or object of the document is unambiguous despite the error, the document's validity is upheld.

• Example 1: A Will and Property Description

  Imagine a will that states, "I bequeath my property located at 456 Elm Avenue, which has a large oak tree in the front yard, to my niece, Sarah." If the property is undeniably 456 Elm Avenue, but upon inspection, the tree in the front yard is actually a maple, not an oak, the bequest to Sarah is still valid. The incorrect description of the tree species is the false demonstration. The clear identification of the property by its address ensures that the testator's intent to leave that specific property to Sarah is honored, despite the minor factual error in the description of the tree.

• Example 2: A Contract for Sale of Goods

  Consider a contract for the purchase of a specific vintage car, described as "the 1965 red convertible Mustang with black leather seats." If the car is clearly identifiable as the intended vehicle, but it is later discovered that the seats are actually dark brown vinyl, the contract for the sale of that particular car remains enforceable. The mistaken description of the seat material is the false demonstration. The primary identification of the car (1965 red convertible Mustang) is clear and overrides the minor inaccuracy in the seat description.

• Example 3: A Deed and Grantee Identification

  Suppose a property deed transfers ownership to "Mr. David Chen, residing at 789 Pine Street." If Mr. Chen is clearly the intended recipient of the property, but he actually resides at 101 Cedar Lane, the transfer of the property to him is still legally effective. The incorrect address provided for Mr. Chen is the false demonstration. As long as Mr. David Chen can be unambiguously identified as the person to whom the property was intended to be transferred, the error in his residential address does not invalidate the deed.