A false description does not vitiate
- In simple sense, the maxim means, some inaccurate description or some grammatical mistakes or basic miscalculation will not make the whole gadget or document as a void. - Normally, if a document contains 2 side from which if one side is absolute and correct and another side have some basic inaccuracy than 2nd side shall be rejected instead of considering whole document void also note on that the instrument does not involve any malaise effect. - Thus, if one segment is true and another is not and if the true part decides the subject matter with all possibility than the false segment will be disregard.
- Father A in his will distributes his land into two part, one on the name of his son and last on the name of his daughter. In which he had mentioned that the 10 acres land shall be distribute equally to his child i.e. 5:5 further he classified six acre to son and 4 acre to daughter .now from above points we can conclude that the land shall be distributed equally, the ratio of 6:4 is an basic erroneous mistake from which whole will cannot be declared as a void because the intention of the TESTATOR is very here.
- Pitmen Vs. Henley [1]
- Here, the plaintiff claim for the declaration of certain land.also agreed to buy land from the defendant .The vendor agreed to sell a field.The field was described as being 4.5 acres; in fact it was nine acres. The vendor later claimed that only 4.5 acres were conveyed. In finding that the whole field had been conveyed, the Court stated that the metes and bounds description which was accurate, governed, and the stated number of acres was rejected.
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