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Trust Reformation, Mistake

Reformation is usually used in the context of a contract between two parties to correct a mistake and reform the contract to meet the parties’ intentions. It is, in other words, a court ordering a quasi re-writing, amendment and/or modification of a contract or written instrument. By way of example, reformation of a contract based […]

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Contract Reformation

When drafting contracts and other written agreements, there are occasions in which, through a mutual mistake of the parties, the writing does not accurately set forth the terms of the agreement and comport with the intention of the parties. In such cases, it is possible for a court to equitably reform a contract. For a […]

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Contract Disputes: Ambiguity, Vagueness, Reformation

Interpreting contract language is an essential requirement for any commercial/business attorney. It is, further, an important job function of judges. The cardinal rule for interpreting contracts is to ascertain the intention of the parties through the language of the contract and to give effect to that intention. J.E. Hathman, Inc. v. Sigma Alpha Epsilon Club, 491 S.W.2d […]

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