Legal Definitions - misallege

To misallege means to state something as a fact or make an assertion that is incorrect, mistaken, or untrue, particularly within a formal document or legal proceeding.

Here are some examples to illustrate this term:

• Court Filing: In a personal injury lawsuit, the plaintiff's attorney files a complaint that states the accident occurred on "Main Street," when all police reports and witness statements confirm the incident actually took place on "Elm Avenue." The attorney has misalleged the location of the accident in the formal pleading.

  Explanation: This example demonstrates misalleging because a formal legal document (the complaint) contains an incorrect assertion of a fact (the accident location).

• Contractual Agreement: During negotiations for the sale of a commercial property, the seller provides a disclosure statement that misalleges the property's zoning classification, claiming it is zoned for industrial use when it is actually zoned for residential development. This incorrect assertion could significantly impact the buyer's plans.

  Explanation: Here, the seller made an erroneous assertion about a material fact (zoning) in a formal document (disclosure statement part of a contractual agreement), which is an act of misalleging.

• Affidavit or Sworn Statement: In a child custody dispute, one parent submits an affidavit to the court where they misallege that the other parent has never held a steady job, despite evidence showing consistent employment for several years. This false statement is intended to influence the court's decision.

  Explanation: This illustrates misalleging because a formal, sworn statement (affidavit) contains an assertion of fact that is demonstrably false, made to the court.