When a contract does not accurately reflect the intentions of the parties because of some mechanical or clerical error in the document, what legal action is necessary to correct or modify the contract?

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Business

Allisson

17 February, 19:10

When a contract does not accurately reflect the intentions of the parties because of some mechanical or clerical error in the document, what legal action is necessary to correct or modify the contract?

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Matias · Answer 1

When a contract does not accurately reflect the intentions of the parties because of some mechanical or clerical error in the document, the legal action to correct or modify the contract would be a reformation.

Explanation:

Contract reformation is a process by which freely and voluntarily signed contracts are modified to be faithful to what the contractors originally wanted, in case they have an error in their wording or composition.

The function of the reformation is to avoid a legal process or a conflict that may result from the doubtful interpretation of a contract, by applying it in the way that the contractors originally wanted, and not in the way it was wrongly written.