When a court rewrites a contract to express the parties' true intentions,what remedy has it used?
A) reformation
B) restitution
C) specific performance
D) substituted contract
E) quasi-contract

Question

Quizplus · Accepted Answer

Reformation is the remedy where the court rewrites a contract to reflect the actual intention of the parties when there has been a mistake or misunderstanding. This remedy is used to correct errors or omissions in the contract or to clarify ambiguous terms. Restitution is a remedy where a party is required to return any benefits they have received as a result of a contract that is later found to be invalid. Specific performance is a remedy where a court orders a party to fulfill their obligations under a contract. Substituted contract is a remedy where the court replaces an invalid contract with a new one. Quasi-contract is a legal fiction used to prevent unjust enrichment by requiring a party to pay for benefits they have received even in the absence of a valid contract.

When a Court Rewrites a Contract to Express the Parties