Legal Definitions - misnomer

A misnomer refers to the use of an incorrect name for a person, place, or thing. While it can occur in everyday situations, in a legal context, it specifically points to a mistake in naming within a formal document, such as a contract, deed, or court filing.

When a misnomer occurs in legal proceedings, such as a lawsuit, courts generally allow the error to be corrected through an amendment to the document. This correction typically "relates back" to the original date the document was filed, meaning the legal action or instrument is treated as if it had the correct name from the very beginning, preventing the entire process from being invalidated due to a simple naming error.

Here are some examples illustrating a misnomer:

• Example 1: Property Deed Error

  Imagine a real estate transaction where the deed transferring ownership of a house mistakenly lists the buyer as "Sarah J. Miller" instead of her correct legal name, "Sarah K. Miller."

  Explanation: This is a misnomer because the deed contains an incorrect middle initial for the property owner. While the intent to transfer the property to Sarah Miller is clear, the specific legal document has a naming error. This misnomer can typically be corrected by filing an amended deed to reflect the buyer's true legal name, ensuring the property record is accurate and legally sound.

• Example 2: Lawsuit Against a Business

  A customer files a lawsuit against a local restaurant, intending to sue "The Tasty Bistro LLC." However, in the court documents, they mistakenly list the defendant as "Tasty Bites Restaurant Group."

  Explanation: This situation involves a misnomer because the lawsuit names an entity that is not the correct legal name of the restaurant being sued. Even though the customer clearly intends to sue the specific restaurant, the formal legal filing contains an incorrect name. Courts would typically allow the customer to amend their lawsuit to correctly identify "The Tasty Bistro LLC" as the defendant, allowing the case to proceed against the intended party without having to refile the entire lawsuit.

• Example 3: Beneficiary in a Will

  A will specifies a bequest of $10,000 to "The National Wildlife Fund," but the actual legal name of the intended charitable organization is "National Wildlife Federation."

  Explanation: This is a misnomer within the will. Although the testator's (the person making the will) intention to benefit a specific wildlife conservation group is evident, the exact legal name used in the document is incorrect. A court would likely interpret the will to ensure the donation goes to the "National Wildlife Federation," often allowing for the correction of the misnomer to fulfill the testator's wishes rather than letting the gift fail due to a minor naming discrepancy.