AZ Common Law Causes of Action REFORMATION (2011)

• Jurisdiction: Arizona

REFORMATION

Elements: Mutual Mistake

“Before reformation can be granted, a court must be presented with clear and convincing evidence that

(1) a mutual mistake was made by the parties in drafting the instrument, and

(2) that the minds of the parties had met on a definite intention before the instrument was drafted.”

Phil Bramsen Distrib. v. Mastroni, 151 Ariz. 194, 198, 726 P.2d 610, 614 (App. Div 2, 1986).

Elements: Fraud or Inequitable Conduct

“Reformation of a written instrument may be granted by a court in equity when it can be satisfactorily proven that:

(1) the instrument failed to conform to what both parties intended,

(2) the complaining party was mistaken as to the factual content of the deed and the other party, knowing of this mistake, kept silent, or

(3) the claiming party was mistaken as to the factual content of the deed because of fraudulent affirmative behavior of the other party.”

Boone v. Grier, 142 Ariz. 178, 182, 688 P.2d 1070, 1074 (App. Div 2, 1984).

Proof

“The general rule, dealing with vacation of execution sales because of inadequate bids, is that mere inadequacy of price, where the parties stand on an equal footing and there are no confidential relations between them, is not, in and of itself, sufficient to authorize vacation of the sale unless the inadequacy is so gross as to be proof of fraud or is so gross that it shocks the judgment and conscience of the court.” Nussbaumer v. Yuma County, 107 Ariz. 504, 507, 489 P.2d 843...