Pleading and Proving Contract Reformation Claims

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.

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