Idem sonans

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Idem sonans is a legal doctrine whereby a person's identity is presumed known despite the misspelling of his or her name. The presumption lies in the similarity between the Phonology, or sounds of the correct name and the name as written. Such similar-sounding words are called a homonym, while similar-sounding phrases or names would be a holorime.

In Latin it roughly means "Sounding the same" or "Same Item." [1] Some examples are Seagrave/Segrave, Hutson/Hudson, Coonrad/Conrad, Keen/Keene, and Diadema/Deadema. [2]

Remnants of this common law doctrine exist today in the United States in the Uniform Commercial Code. Name changes can mislead searchers of official records of titles or liens. Article 9 of the UCC states that a financing statement shall not perfect a valid security interest if a name change would be "seriously misleading."[3]. A creditor may gain priority over other creditors in the event of a bankruptcy by filing a financing statement. The financing statement contains information relevant to the secured transaction and puts other creditors on notice that the filer has a secured interest in the property. Should the filer use a debtor name that is substantially different from the debtor's actual name, the purpose of filing the financing statement is defeated. On the other hand, if there is a minor difference in spelling or an idem sonans, the error is not fatal, but only if it is not seriously misleading. The actual search results may reveal a debtor with a similar name and address which would put the researcher on notice to investigate further, which is the purpose of the filing in the first place. The legal effect of an idem sonans is that the minor name difference shall have no bearing on the priority of debtors.

There is some movement away from this doctrine under modern New York Common law, especially in Conveyancing.[4] That means that a creditor filing a judgment lien or a title abstract company searching title to real property by a deed filed in an office of a county clerk must search by exact name, and can not rely on idem sonans.[5]

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[edit] United Kingdom

Under UK jurisdiction, there has been an incredibly small amount of judicial activity here. The old judgement of R v Davis[6] provides:

"If two names spelt differently necessarily sound alike, the court may, as matter of law, pronounce them to be idem sonantia; but if they do not necessarily sound alike, the question whether they are idem sonantia is a question of fact for the jury".

The modern case of Re Vidiofusion Ltd[7] establishes a four stage test when a name of a company is spelled differently in writing:

  • No Company of a similar name
  • Idem Sonantia - similar pronuniciation
  • No marked vision difference (judge gave example of Jackson/Jaxon being too dissimilar visually)
  • Misspelling does not substantially change the placement of the name if placed in a alphabetical list.

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[edit] References

  1. ^ Find Law Definition
  2. ^ Find Law Definition
  3. ^ UCC 9-402
  4. ^ Collect Law website, citing Big Fur v. Gross, N.Y.L.J., August 12, 1998, p. 23, col. 3; and Grygorewicz vs. Domestic and Foreign Discount Corp., 179 Misc. 1017 (Sup. Ct. Kings Co. 1943).
  5. ^ Id.
  6. ^ (1851) 15 JP 450
  7. ^ [1975] 1 All ER 76