Rich and Archie sign an agreement in which Archie agrees to deliver ten cases of champagne in 5 days.The parties negotiated and meant to say in the written agreement,delivery in 50 days.If the evidence is clear that the two parties intended to agree to 50 days,the courts will probably
A)reform the contract.
B)rescind the contract.
C)issue a warranty.
D)issue a covenant.

Question

Rich and Archie sign an agreement in which Archie agrees to deliver ten cases of champagne in 5 days.The parties negotiated and meant to say in the written agreement,delivery in 50 days.If the evidence is clear that the two parties intended to agree to 50 days,the courts will probably 
A)reform the contract.
B)rescind the contract.
C)issue a warranty.
D)issue a covenant.

Quizplus · Accepted Answer

The court will reform the contract because the parties clearly had a mutual intent to agree to 50 days for delivery, but it was mistakenly written as 5 days. Reforming the contract means that the court will correct the mistake to reflect the true intent of the parties.

Rich and Archie Sign an Agreement in Which Archie Agrees