Contract Law · claim

Elements of Reformation

Quick Answer

What are the elements of Reformation?

Reformation is an equitable remedy in which a court modifies the written terms of a contract to correct inaccuracies or to realign the contract with the parties' original intent. This remedy is typically applied when there is clear evidence of mutual mistake, fraud, or ambiguity in the contract language.

Required Elements

1. Existence of a valid contract

There must be an underlying contract that is valid and enforceable, notwithstanding the need for reformation.

What to prove: A valid contract exists which requires correction to reflect the true agreement of the parties.

2. Mistake or misunderstanding

There must be a mutual mistake, unilateral mistake, or misunderstanding regarding the terms of the contract.

What to prove: Evidence shows that both parties shared a mistaken belief about the contract's terms or that one party was unaware of a critical aspect leading to a misrepresentation.

3. Clear intent of parties

The true intent of the parties must be clear and agreed upon, which contradicts the written terms.

What to prove: Clear and convincing evidence demonstrating the intentions of the parties at the time of contract formation.

Burden of Proof

The burden of proof lies with the party seeking reformation, typically requiring a clear and convincing standard of evidence.

Available Defenses
  • Laches
  • Statute of limitations
  • No clear intent
Common Fact Patterns
  • A contract contains a typographical error that misstates the price of goods agreed upon by both parties.
  • Two parties agree on a non-compete clause, but the written contract inadvertently omits key geographic limitations.
Exam Tip

In exam scenarios, focus on identifying any mistakes or ambiguities in contract language and apply the principles of reformation to resolve these issues. Look for evidence of intent and mutual understanding.

Key Cases
  • Boone v. Boone, 829 P.2d 839 (Idaho 1992)
  • Ridgeway v. Ridgeway, 703 S.W.2d 921 (Mo. Ct. App. 1985)
  • Miller v. Bowers, 216 N.W.2d 1 (Wis. 1974)

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