Legal Definitions - misrecital

A misrecital refers to an incorrect statement of a factual matter within a legal document. This error can appear in instruments such as contracts, deeds, or pleadings, where a fact is stated inaccurately.

A misrecital refers to an instance where a formal legal document, such as a contract, deed, will, or court filing, contains an inaccurate statement of a factual detail. It is essentially a mistake in recording a piece of information that is intended to be true and correct within the document.

Here are a few examples to illustrate this concept:

• Commercial Lease Agreement: Imagine a business signs a lease for office space. The written lease agreement states that the rented premises are located on the "third floor, Suite 305" of the building. However, the actual office space the business agreed to rent and moved into is "third floor, Suite 306."

  This is a misrecital because the lease document, a formal contract, incorrectly states a factual detail (the specific suite number) about the property being leased.

• Last Will and Testament: A person's will specifies that a particular antique clock, described as "the grandfather clock inherited from my mother," should be given to their eldest grandchild. However, the only grandfather clock the person owned was actually a gift from their spouse, and the clock inherited from their mother was a smaller mantelpiece clock.

  This constitutes a misrecital because the will, a formal legal instrument, contains an incorrect factual statement regarding the origin and specific identity of the item intended for bequest.

• Court Pleading: In a personal injury lawsuit, the plaintiff's initial complaint filed with the court alleges that the accident occurred on "Tuesday, May 10, 2024." Later, during discovery, it is confirmed through police reports and witness statements that the accident actually took place on "Wednesday, May 11, 2024."

  This is a misrecital because the complaint, a formal court pleading, incorrectly states a critical factual detail (the specific date of the accident) within the legal document.