Maxim 9.5.11
False spelling or false grammar does not vitiate a grant.
Falsa orthographia, sive falsa grammatica, non vitiat concessionem.
Source: 9 Co. 48; Jackson; Weisman, 30i
Difficulty 1/5 — Foundational
Explanation
A grant, deed, or other instrument is not defeated by mere errors of spelling or grammar when the meaning and intent are clear — substance prevails over form. (Duplicate maxim — see also 11.2.14.)
Where this applies
- They're trying to void a legal document because of spelling or grammar mistakes.
- My deed has a typo but the intent and meaning are perfectly clear.
- A grant is being challenged because of minor errors in how it was written.
Legal domains
See also
Cite this maxim
NeCede Max. 9.5.11 — False spelling or false grammar does not vitiate a grant. — 9 Co. 48; Jackson; Weisman, 30i (Falsa orthographia, sive falsa grammatica, non vitiat concessionem.)
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