Misnomer

Definition - Noun
[Anglo-French mesnomer, from mesnomer to misname, from Middle French mes- wrongly + nommer to name, from Latin nominare, from nomin- nomen name]
: the misnaming of a person in a legal document or proceeding (as in a complaint or indictment)
specif
: the institution of proceedings against and service of process on the correct party using the incorrect name
compare idem sonans
Amendment of the pleadings is generally allowed in cases of misnomer.
Pronunciation"mis-'nO-m&r

Pronunciation Key

  • \&\ as a and u in a b ut
  • \[^&]\ as e in kitt en
  • \&r\ as ur and er in f urther
  • \a\ as a inash
  • \A\ as a in ace
  • \Š\ as o in m op
  • \au\ as ou in ou t
  • \ch\ as ch in ch in
  • \e\ as e in bet
  • \E\ as ea in easy
  • \g\ as g in go
  • \i\ as i in hit
    		•
  • \I\ as i in ice
  • \j\ as j in job
  • \[ng]\ as ng in sing
  • \O\ as o in go
  • \o\ as aw in law
  • \oi\ as oy in boy
  • \th\ as th in thin
  • \[th_]\ as thin the
  • \Ÿ\ as oo in loot
  • \u\ as oo in foot
  • \y\ as y in yet
  • \zh\ as si in vision
    		•


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    Based on Merriam-Webster's Dictionary of Law ©2001.
    Merriam-Webster, Incorporated
    Published under license with Merriam-Webster, Incorporated.
    http://www.m-w.com    		 Merriam-Webster

    substituted contract

    a contract between parties to a prior contract that takes the place of and discharges the obligations under the prior contract


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