Define Reformation of Contract

When two parties enter into a contract, they typically do so with the intention of fulfilling their obligations and ensuring that the agreement is beneficial to both parties. However, circumstances may arise during the duration of the contract that require changes to be made. This is where the reformation of contract comes into play.

The reformation of contract refers to the process of modifying a contract in order to rectify a mistake or oversight that renders it unenforceable or unjust. This may include correcting a typographical error, clarifying vague language, or altering the terms of the agreement to better reflect the intent of the parties involved.

In order for a contract to be reformed, there must be a clear and convincing evidence that a mistake has been made. This evidence may be in the form of written or verbal communication, or other relevant documentation that proves the original intent of the parties involved. Additionally, there may be a need to demonstrate that the mistake was not intentional or fraudulent in nature, but rather a result of an honest misunderstanding or oversight.

The process of reformation can be initiated by either party involved in the contract, and may require the assistance of legal counsel to ensure that all legal requirements are met. Once the parties have agreed upon the necessary changes, the contract can be reformed accordingly and will be legally enforceable.

It is important to note that the reformation of contract is not an opportunity to renegotiate or change the terms of the agreement for personal gain. Rather, it is a necessary step to correct a mistake or oversight that would render the contract unenforceable or unjust.

In conclusion, the reformation of contract is an essential aspect of contract law that ensures that parties involved in a contract are able to rectify any mistakes or oversights that may arise during the duration of the agreement. The process requires clear and convincing evidence that a mistake has been made, and the assistance of legal counsel may be necessary to ensure that all legal requirements are met.