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…
Legal Articles
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…
Deed Reformation, Mutual Mistake: Real Estate
To reform a deed means to correct an error. This is separate from filing a correction deed in that it is a formal request to a court for equitable relief. Although a reformation can be granted in a variety of circumstances, the most common is when there is a mutual mistake (one that is common…