[OBLICON]: Ch 4. Reformation of Instruments

What is the primary purpose of asking a court for the reformation of a contract?

The purpose is to correct a written document so that it accurately expresses the true intention of the parties that was already agreed upon. [Art. 1359]

When is "annulment" the correct remedy instead of "reformation"?

Annulment is the proper remedy when there was no meeting of the minds at all, whereas reformation is used only when a meeting of the minds occurred but was poorly recorded. [Art. 1359]

Can a contract be reformed if both parties made a mistake that caused the document to misrepresent their deal?

Yes, under Article 1361, a mutual mistake that causes the instrument to fail to disclose the real agreement is a valid ground for reformation.

What can a party do if they were mistaken and the other party used fraud to ensure the contract didn't show their true intent?

The mistaken party may ask for reformation of the instrument under Article 1362 to reflect what was actually intended.

Is reformation allowed if one party saw an error in the document but stayed silent to take advantage of the other?

Yes, if one party knew the document was wrong but concealed that fact from the mistaken party, the law treats this as a ground for reformation.

Can a court reform a contract if the mistake was actually made by the typist or the lawyer who drafted it?

Yes, reformation is proper when the instrument fails to express true intent due to the ignorance, lack of skill, or bad faith of the drafter or clerk.

What happens if parties intend to mortgage a house, but the written document says the house is "sold absolutely"?

Under Article 1365, the instrument may be reformed to show the true agreement was a mortgage or pledge rather than a sale.

Are there specific types of documents that the law forbids from being reformed?

Yes, simple donations with no conditions, wills, and agreements that are legally void cannot be reformed.

Why is a "void" agreement prohibited from being reformed?

Reformation is intended to give effect to a valid agreement; if the underlying deal is illegal or void, there is nothing for the court to "fix."

What is the legal consequence of a party trying to enforce a contract in court as it is written?

Under Article 1367, once a party brings an action to enforce the instrument, they are stopped (estopped) from later asking for its reformation.

Who has the legal right to file a petition for the reformation of a contract?

If the mistake was mutual, either party or their successors may ask for it; otherwise, only the injured party or their heirs may petition the court.