Malka & Kravitz, P.A. - Your Construction Law Firm
South Florida Construction Attorneys
Phone: 954-828-2807 | Toll Free: 888-341-9053
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Mutual Mistake Archives

But That Is Not What I Meant! Too Bad So Sad!

As we have written before, reformation, or correction of mistakes in a contract are not a legal right. While a court can order that a contract be rewritten to take into account some mistakes, the court's ability to do so is limited. The only sure fire way to be certain your contract is consistent with your understanding of your agreement, is to obtain legal consultation before the contract is executed. After execution, you may be bound even to the most egregious of mistakes.  Read On . . .

Even a Clear Contractual Term Can Sometimes Be Avoided

So you negotiate the agreement you want, and then a term is slipped into the agreement that you fail to see before signing. Usually, you are bound by the agreement you execute and are presumed to have read it completely. Generally you will find yourself stuck to perform even where you had not agreed to do so except for your signature on the agreement. There is a possibility that would allow you to avoid such an obligation, even where the agreement provides that the agreement may not be changed except through a subsequent written agreement between the parties.

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