Section 40 Negligence and Laches

• Library: Remedies 2006

If the mistake is the result of the negligence of a party, equity will not reward the party with reformation. Put another way,
if a party is guilty of negligence, the doctrine of estoppel will prevent reformation of a contract. See Jackson v. Christian Salveson Holdings, Inc., 914 S.W.2d 878, 881 (Mo. App. E.D. 1996). A party who does not read the document will not be rewarded by equity if reading would have revealed the
mistake. Galemore v. Haley, 471 S.W.2d 518, 525 (Mo. App. S.D. 1971). Similarly, a party who knows they might be mistaken will not be awarded reformation. Rainey v. Foland, 555 S.W.2d 88, 91 (Mo. App. W.D. 1977). But if the neglect does not rise to the level of a violation of a positive duty, a claimant may well be awarded reformation. Kemna v. Graver, 630 S.W.2d 160, 161 (Mo. App. E.D. 1982). And if the party does not discover the mistake because of the fraud of the other party, equity will still...