In their Commercial Division Update, George Bundy Smithm an arbitrator and mediator with JAMS, and Thomas J. Hall, a partner at Chadbourne & Parke, write that courts limit the remedy of reformation to three situations: (1) scrivener's error, or an inadvertent mistake in reducing the agreement to writing, (2) mutual mistake of fact, and (3) unilateral mistake of fact induced by the fraud of the counterparty.
Pleading and Proving Contract Reformation Claims
New York Law Journal
December 20, 2012
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