This form is a Complaint for the Reformation of a Contract. The form provides that the plaintiff seeks judgment against the defendant for the reformation of a written document to reflect the true intent of the parties.
Reformation Of Contract Meaning
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Reformation allows a party to correct a mistake or error in a contract. The correction can save a party from breaching the contract or save the party from an unfair contract. Like any lawsuit, there may be risks to both parties.
Reformation is a court's equitable power to modify a contract to reflect the parties' true intent where some error has been committed. Courts require plaintiffs seeking to reform a contract to prove certain elements, however.
Reformation means that the court allows the parties to rewrite a portion of the contract so that it reflects the parties' original intentions more closely. Contract reformation is a type of equitable remedy, meaning that the parties are required to take some sort of action in order to correct the discrepancy.
If the contract is void or voidable, due to reasons like duress or fraud, then reformation may not be available to the parties.
There shall be no reformation in the following cases: 1) Simple donations inter vivos wherein no condition is imposed; 2) Wills; 3) When the real agreement is void.
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There are always equitable remedies. One of the most common types of equitable remedy includes contract reformation.Courts generally use reformation only to bring inaccurately drafted contracts into conformity with the actual agreement between the parties. A Standard Clause providing model language to plead a cause of action for reformation of a contract under Florida law. Material means a fact central to the purpose of the contract. Collateral mistakes will not afford the right of rescission. A (1981) ("The prior agreement need not, however, be complete and certain enough to be a contract.").