Reforming a Writing

Question 1

A party may reform a writing if:

Answer 1

A party may reform a writing if:

1. They can prove beyond a reasonable doubt that the reformation is the true agreement.
2. They must prove that there was a mistake.
3. They must establish that there was no prejudice (aka did the other party rely on the mistake?).

Question 2

Rule:

Where a party can show beyond a reasonable doubt that the writing did not represent the actual agreement, then ________.

Answer 2

party penalized by the error is entitled to reformation of the contract, IF_ there has been no prejudicial change of position_ by the other party while ignorant of the mistake.