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.
Minnesota 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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Word;
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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
Reformation is an equitable remedy that is sought by a party to a transaction whereby an existing contract or written instrument can be changed or edited to adequately reflect the understanding or the parties' agreement.
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.
If fraud has occurred, reformation can be used to correct the contract if an equitable remedy is called for. For example, if a real estate contract incorrectly states the value of the property to mislead the buyer, the buyer can sue for breach of contract.
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.
Amendment: If a contract mistake is identified, the parties may amend the agreement to fix the problem. This may include negotiating and revising the contract's provisions to match the parties' original purpose.
Reformation is almost always asserted as a preliminary to some other remedy which is to be pursued. This equitable remedy is available when a written contract or conveyance fails to express the agreement of the parties, due to the fraud or misrepresentation of one party and the mistake of the other.
Reformation in contract law is a legal remedy. The court re-writes the contract to reflect both parties' real purposes. Contract reformation is an alternative to equitable remedies, such as financial damages. In a breach of contract claim, the injured party frequently must pick between an equitable and legal remedy.
A typical example of an equitable remedy is monetary loss. The party who has been wronged may receive money as compensation for their losses, even if the other party does not have enough money to pay.