LEGAL PRINCIPLE: CIVIL PROCEDURE – Amendment of Pleadings – Court’s Duty to Correct Error Without Injustice

This articulates court’s duty regarding correctable errors. Court cannot tolerate: Allowing correctable errors to remain uncorrected merely because opponent objects. Principle: If error: can be corrected without prejudice/injustice, should be corrected regardless of: opponent’s wishes, lower courts’ failure to correct, or stage of proceedings. “Cannot tolerate” means: courts have duty (not mere discretion) to correct such errors, refusing correction would be wrong, and justice requires correction. When duty arises: Error is correctable without: prejudice to opponent, injustice to either party, or unfair advantage. Opponent’s wishes irrelevant: Party cannot: perpetuate correctable error by objecting, insist on technical advantage, or prefer form over substance when no harm results. This serves: justice over technicality, substance over form, and preventing exploitation of technical errors. Even if lower courts failed: Appellate court will grant amendment—lower courts’ oversight doesn’t preclude correction, appellate court can remedy omission, and error should be corrected whenever discovered. Key test: Does correction cause: prejudice? injustice? If no: correction should be made. If yes: consider whether prejudice outweighs injustice of leaving error. This reinforces Principle 604—courts exist to decide rights correctly, not enforce discipline through technical errors. The principle establishes: affirmative duty to correct errors when possible without injustice, opponent’s preference for error is irrelevant, and justice requires correction over perpetuating mistakes.