Reformation
What does "Reformation" mean in law?
Reformation is an equitable remedy by which a court rewrites or corrects a written instrument to reflect the true agreement of the parties when the document as drafted fails to do so due to mutual mistake or, in some cases, unilateral mistake coupled with fraud or inequitable conduct by the other party. Unlike rescission, which voids the contract entirely, reformation preserves the contractual relationship while correcting the error. The party seeking reformation must prove the original agreement and the mistake by clear and convincing evidence, a higher standard than the preponderance standard typical in civil cases. Reformation is not available merely because one party made a bad bargain; it requires proof that the writing diverges from what both parties actually intended.
Definition
Reformation is an equitable remedy by which a court rewrites or corrects a written instrument to reflect the true agreement of the parties when the document as drafted fails to do so due to mutual mistake or, in some cases, unilateral mistake coupled with fraud or inequitable conduct by the other party. Unlike rescission, which voids the contract entirely, reformation preserves the contractual relationship while correcting the error. The party seeking reformation must prove the original agreement and the mistake by clear and convincing evidence, a higher standard than the preponderance standard typical in civil cases. Reformation is not available merely because one party made a bad bargain; it requires proof that the writing diverges from what both parties actually intended.
Example
When a deed mistakenly described the conveyed parcel as 50 acres instead of the 5 acres both parties intended, the court reformed the deed to reflect the parties' actual agreement.