A trial court is vested with broad discretion to correct error. This form is a generic complaint and adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Georgia Complaint for Correction and Reformation of Judgment on the Ground of Mistake
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Multi-State
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US-01529BG
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How to fill out Complaint For Correction And Reformation Of Judgment On The Ground Of Mistake?
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FAQ
§13-6-11 is a plaintiff-friendly statute. In short, this means that a defendant cannot bring a counterclaim for attorneys' fees under §13-6-11 unless the counterclaim arises from a different transaction or occurrence from the claims alleged in the plaintiff's complaint.
Attorneys' Fees. In any action to enforce a claim under this chapter, the prevailing party is entitled to recover a reasonable fee for the services of its attorney including but not limited to trial and appeal and arbitration, in an amount to be determined by the court or the arbitrators, as the case may be.
Elements of defense of mutual mistake of law. - Mutual mistake of law is good defense against action to recover money under contract of purchase when there is full knowledge of all facts, provided mistake be clearly proved and plaintiff cannot in good conscience receive money sued for.
Contract reformation is a type of ?equitable remedy? ? an important term we will explain below ? where the court rewrites the agreement to reflect the true intention of the parties. It often arises in cases involving a mistake of fact or misrepresentation in an agreement.
In contract law, a mistake is an erroneous belief, at contracting, that certain facts are true. It can be argued as a defense, and if raised successfully, can lead to the agreement in question being found void ab initio or voidable, or alternatively, an equitable remedy may be provided by the courts.
If the maker, endorser, or party sought to be held on any such obligation shall pay the principal and interest in full before the expiration of such time, then the obligation to pay the attorney's fees shall be void and no court shall enforce the agreement.
The expenses of litigation generally shall not be allowed as a part of the damages; but where the plaintiff has specially pleaded and has made prayer therefor and where the defendant has acted in bad faith, has been stubbornly litigious, or has caused the plaintiff unnecessary trouble and expense, the jury may allow ...
Damages and Expenses Recoverable - Liquidated Damages Generally. If the parties agree in their contract what the damages for a breach shall be, they are said to be liquidated and, unless the agreement violates some principle of law, the parties are bound thereby.
