Skip to content
NeCede's

Maxim 3.2.2

An error in the name is nothing when there is certainty as to the body or person.

Nil facit error nominis cum de corpore vel persona constat.

Source: 11 Co. 21; Broom, Max. 634; 2 Kent, Comm. 292; Weisman, 81b Difficulty 1/5 — Foundational

Explanation

A misspelling or mistake in a name does not defeat a proceeding when the true identity of the party is clear from the circumstances.

Where this applies

  • A person's name is misspelled on a legal document but everyone knows who is meant.
  • A court summons has the wrong name but the right address and description.

Legal domains

procedural

See also

Cite this maxim

NeCede Max. 3.2.2 — An error in the name is nothing when there is certainty as to the body or person. — 11 Co. 21; Broom, Max. 634; 2 Kent, Comm. 292; Weisman, 81b (Nil facit error nominis cum de corpore vel persona constat.)

Found an error? Suggest a correction →