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ref·or·ma·tion /ˌre-fər-'mā-shən/ n: the act or an instance of reforming; specif: the equitable remedy of reforming a writing (as a deed or contract) and enforcing it as reformed◇ Reformation is allowed primarily to correct mistakes such as typographical errors or incorrectly chosen words. Occasionally reformation is permitted in cases of fraud or misrepresentation. Clear and convincing evidence of the mistake and of the intended agreement is usu. required; sometimes parol evidence is sufficient to establish the agreement. This remedy is not applicable to wills.
Merriam-Webster’s Dictionary of Law. Merriam-Webster. 1996.
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index
amendment (correction), correction (change), development (progression), reform, rehabilitation, renewal, reorganization, repair
Burton's Legal Thesaurus. William C. Burton. 2006
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n.A court-ordered rewriting of a contract or other instrument in cases where the instrument does not say what the parties intended it to say.
The Essential Law Dictionary. — Sphinx Publishing, An imprint of Sourcebooks, Inc. Amy Hackney Blackwell. 2008.
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The act of changing a written contract when one of the parties can prove that the actual agreement was different than what's written down. Reformation is usually made by a court, for example, when both parties overlooked a mistake in the document, or when one party has deceived the other.Category: Business, LLCs & Corporations → Self-Employed Consultants & ContractorsCategory: If, When & Where to File a LawsuitCategory: Mediation, Arbitration & Collaborative LawCategory: Small Claims Court & Lawsuits
Nolo’s Plain-English Law Dictionary. Gerald N. Hill, Kathleen Thompson Hill. 2009.
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n. A rewriting of a deed or contract that does not express what was actually agreed upon, only when it can be demonstrated in a clear and convincing manner that a mutual mistake was made. There will be no rewriting if the mistake was made by one party only, unless it was caused by the other party's fraud. Reformation is considered to be an equitable remedy.
Webster's New World Law Dictionary. Susan Ellis Wild. 2000.
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A remedy utilized by the courts to correct a written instrument so that it conforms to the original intent of the parties to such an instrument.
Dictionary from West's Encyclopedia of American Law. 2005.
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A remedy utilized by the courts to correct a written instrument so that it conforms to the original intent of the parties to such an instrument.
Short Dictionary of (mostly American) Legal Terms and Abbreviations.
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n.the correction or change of an existing document by court order upon petition of one of the parties to the document. Reformation will be ordered if there is proof that the parties did not intend the language as written or there was an omission due to mistake or misunderstanding. Quite often a party petitions for reformation when one or both parties realize the effect of the document as written is different from what was expected but it has already been recorded or filed with a governmental agency. Examples: a paragraph is omitted from a trust which results in the transfer to the trust being a gift subject to gift tax, and which needs to be corrected to keep the state taxing authority from demanding payment. The attorney writing the final draft of a limited partnership agreement writes in a calculation which would triple the profit to a limited partner above the amount discussed by the parties, and when the limited partner refuses to change the document, the general partner sues for reformation.
Law dictionary. EdwART. 2013.
