Also known as: reforms · reformed · reforming · legal reform
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
Participation by a lawyer in organizations seeking changes to the law or its administration. The lawyer must disclose any material benefit to a client from decisions in which the lawyer participates but need not identify the client.
Participation by a lawyer in organizations seeking changes to the law or its administration. The lawyer must disclose any material benefit to a client from decisions in which the lawyer participates but need not identify the client.
Rowan Russell serves as a director of an organization advocating changes to tax statutes. Russell knows a pending reform would materially increase the value of a client's holdings. Russell discloses the potential benefit to the client during board deliberations without naming the client.
An equitable remedy correcting a writing to reflect the parties' true intention when clear and convincing evidence shows a mutual mistake of fact or law affected its terms.
Ronald Reed's will left his donor-advised account at Helping Hands Fund to a charity. Clear and convincing evidence showed Reed maintained two accounts under different emails but always referred to them collectively as one. The court reformed the will to include both accounts.
An equitable remedy correcting a writing to reflect the parties' true intention when clear and convincing evidence shows a mutual mistake of fact or law affected its terms.
Each sense below has its own examples, sources, and questions.
No. The rule requires disclosure of the fact that a client may be materially benefitted but expressly states the lawyer need not identify the client.
Regina Robinson executed a trust naming one retirement account for a charitable gift. Evidence proved Robinson intended both accounts to fund the gift and that a drafting error omitted the second. The court reformed the trust terms to match her proven intention.
Renata Russo and Ridgeway Partners formed an oral agreement for land. After formation, Russo signed a memorandum confirming the terms. The writing satisfied the statute of frauds even though executed after the oral contract.
Roland Rhodes held a durable power of attorney for Ralph Richardson. Rhodes canceled an existing endorsement deal and restated its terms in a new agreement with Regal Apparel to accomplish Richardson's business objectives.
Reliance Insurance and Riverfront Developments signed a construction agreement containing an erroneous price formula. Both parties shared the mistaken belief that the formula captured all costs. The court reformed the writing to express their actual agreement.
Clear and convincing evidence must establish both the mistake and the donor's true intention. Direct evidence contradicting the text may be considered.
Yes. The court may reform even an unambiguous instrument when clear and convincing evidence proves the transferor's intention and that a mistake affected the terms.
Yes. A memorandum sufficient to satisfy the statute may be made or signed at any time before or after formation of the contract.
An agent may contract in any manner and may perform, rescind, cancel, terminate, reform, restate, release, or modify contracts made by or on behalf of the principal.
A court may reform the writing when a mutual mistake of both parties as to its contents or effect caused the failure, provided third-party rights are not unfairly affected.
…the Person Act of 1861, 24 & 25 Vict., c. 100, § 59, that formed the core of English anti-abortion law until the liberalizing reforms of 1967. In 1929, the Infant Life (Preservation) Act, 19 & 20 Geo. 5, c. 34, came into being. Its emphasis was upon the destruction of "the life of a child capable of being born alive." It…