Court Refuses to Reform Contract Failing to Find a Scrivener’s Error
A Delaware court refused to reform a contract with clear language, finding the argument of a scrivener’s error unconvincing, write Scott E. Waxman and Douglas A. Logan for K&L Gates.
“While the Court noted that it found all of the parties’ testimony believable, the Court did not find clear and convincing evidence that a mistake was made in drafting the contract in question,” the authors explain.
They list the three elements that a party seeking reformation must clearly and convincingly prove.