Abstract
We all make mistakes. The remedy of reformation has developed to facilitate the correction of errors made in committing agreements to writing. The availability of the remedy is the subject of this article. The legal doctrines will be treated generally with the primary focus on the Missouri decisions. This comment begins with a general discussion of the remedy, and then analyzes the theories for relief, the instruments and defects which may be reformed, the parties to the action, and four defenses-the Statute of Frauds,- the petitioner's negligence, the statute of limitations and laches. At the outset it is important to define some basic terms. The phrase "complete agreement" is used herein to describe the underlying agreement which is the "true," "actual" or "real" agreement of the parties. The adjective "complete" implies that the agreement has all of the elements necessary for it to be enforceable, for a court cannot supply a term which is essential to an enforceable contract. The use of this phrase will provide consistency in this comment, although the courts often describe the complete agreement with any or all of the adjectives indicated above. The instrumenting which the parties have attempted to write down the terms of the complete agreement will generally be referred to as -the "written instrument." The party seeking reformation will often be referred to as the "petitioner."'
Recommended Citation
William H. Thomas Jr.,
Reformation of Written Instruments in Missouri,
37 Mo. L. Rev.
(1972)
Available at: https://scholarship.law.missouri.edu/mlr/vol37/iss1/8