Legal Definition and Related Resources of Reformation Of Contract

The remedy in equity by means of which the written instrument is made or construed so as to express or conform to the real intention of the parties when some error or mistake has been committed. At common law , reformation was not a remedy available, but the remedy was granted in courts of equity. See U.S. v Milliken Inprinting Co., 202 U.S. 168, 26 S.Ct. 572, 50 L.Ed. 980. The remedy is available when the written instrument does not reflect the true intention of parties, either for mutual mistake or mistake on one side and fraud or inequitable conduct on the other side. See Symons Creek Coal v Doran, 142 U.S. 417,12 S. Ct. 239, 35 L. Ed. 1063. As a general rule, where parties have acted upon deliberation and advice , a mistake of law will not form the ground for reformation. See Snell v Atlantic F. & M. Ins. Co., 98 U.S. 85, 25 L.Ed. 52. However, in exceptional cases, equity would relieve against mistake of law as where one party acts on the statement of the other as to law. Snell v Atlantic F. & M. Ins. Co., ( supra ) or where it is necessary to give effect to the intention of the parties. Philippine Sugar Estates development Co. v Philippine Island, 247 U.S. 385, 38 S.Ct. 513, 62 L.Ed. 1177.

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Reformation Of Contract in Historical Law

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