Also known as: immediate reformations · reformation
Written by attorneys · grounded in primary & secondary sources — see below
An equitable remedy authorizing a court to correct a written instrument at once so that it accurately expresses the parties' antecedent agreement when both made a mistake about its contents or effect.
Green Broadcast and Republic Digital signed a syndication agreement both believed granted non-exclusive rights in State A. The final draft retained an exclusivity clause that neither reviewed. After Green Broadcast licensed a second station, Republic Digital sought immediate reformation to delete the clause and align the writing with the shared understanding.
A buyer and seller agreed the buyer would take land subject to an existing mortgage. The signed contract instead stated the buyer would assume the mortgage. The buyer immediately petitioned for reformation to match the actual bargain before any payments were made.
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A buyer and seller of a chiropractic practice intended a warranty to track seven months of earnings data. The written contract mistakenly referenced six months because of a drafting slip. The seller obtained immediate reformation to restore the seven-month period and defeat a later breach claim.
Parties to an option contract deliberately chose a calendar date as the exercise deadline. When that date proved to be a holiday, the holder sought reformation to extend the period. The court denied immediate reformation because the writing accurately recorded the chosen term.
No. Under the governing rule a mistaken party's fault in failing to discover facts does not bar reformation unless the fault amounts to bad faith or violation of reasonable fair dealing standards.
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Yes. Reformation remains available when otherwise appropriate even though the underlying agreement is within the statute of frauds.
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The court must consider any available relief by way of reformation, restitution, or otherwise when assessing whether the mistake materially affects the agreed exchange.
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Yes. Evidence of prior or contemporaneous agreements is admissible when offered to establish grounds for reformation.
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…who has now received an unintended double share, and the "devastating" disinheritance of the other cousin (Appellant). B. Reformation Action In response to this situation, Appellant filed an action for reformation of the trust agreement. Two of the three trustees, Mrs. Fabian, who held the life interest, and Walter…