Legal Definitions - mala demonstratio

mala demonstratio refers to an erroneous or incorrect description of a person, object, or property within a legal document. Despite this inaccuracy, the true subject or object of the description can still be clearly identified, meaning the error does not invalidate the underlying intention or transaction. Essentially, a mistaken description does not nullify a clear meaning if the intent is otherwise evident.

Here are some examples to illustrate this concept:

• Example 1: Property in a Will

  Imagine a will that states, "I leave my property located at 456 Pine Avenue to my niece, Sarah." However, the person writing the will actually owns a property at 456 Pine Street and no property on Pine Avenue. If it can be clearly established that the testator only owned one property matching the general description (a house at "456 Pine"), and the intent was to leave that specific property to Sarah, a court might apply the principle of mala demonstratio. The incorrect "Avenue" would be considered an erroneous description that does not defeat the clear intention to bequeath the actual property at 456 Pine Street.

• Example 2: Identifying a Party in a Contract

  Consider a business contract that identifies one of the parties as "Dr. Eleanor Vance, President of Global Innovations Inc." In reality, Dr. Vance is the Chief Operating Officer (COO), and Mr. Robert Chen is the President. If the contract's terms and the negotiations clearly show that both parties intended to contract with Dr. Eleanor Vance in her capacity as a senior executive, the misidentification of her title as "President" would be a mala demonstratio. The contract would likely still be valid, as the true party (Dr. Eleanor Vance) and the intent to contract with her are clear despite the descriptive error.

• Example 3: Describing an Item for Sale

  Suppose a bill of sale for a unique antique describes it as a "1920s Art Deco lamp with a bronze base and stained-glass shade." Upon closer inspection, the lamp is actually from the 1930s, not the 1920s. However, both the buyer and seller physically inspected and agreed upon the specific lamp being sold, and it is undeniably the item they intended to exchange. The incorrect decade ("1920s") would be a mala demonstratio. The sale would still be valid for that particular lamp, as the specific item intended for the transaction was clearly identified and agreed upon, rendering the minor descriptive error inconsequential to the core agreement.