Five-Year Statute of Limitation Applies to Reformation of Written Instrument Claim

in Standard of Review, Trial Perspectives

Claims have a statute of limitations. Claims outside the statute of limitations are time barred. In an interesting case dealing with the statute of limitations, an association sued homeowners to try to reform a declaration that was recorded fifteen years earlier. The declaration excluded the residential phases theses homes were situated in. While numerous homeowners consented to being governed by the declaration, two homeowners did not. The association wanted the court to reform the declaration so that these homes would be bound by the declaration. The homeowners argued that the association’s reformation claim was barred by the five-year statute of limitations...

17 August

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Mutual Mistake or Unilateral Mistake in Contract

Posted by David Adelstein

in Trial Perspectives

Mistakes unfortunately happen when it comes to written agreements. When they do, a party to a written agreement may try to reform the agreement or rescind the agreement due to the mistake. Reforming or rescinding a written agreement based on a mistake is NOT as easy as it may sound simply because a party claims there was a mistake in the process. There are two types of mistakes that could support a basis to reform or rescind a contract: mutual mistake and unilateral mistake. Typically, both mistakes require a party to prove the mistake and satisfy their burden of proof justifying...