Reformation and the Statute of Frauds

Palmer, George E.

Journal: Michigan Law Review

Volume: 65

First Page: 421

Year: 1967

Bluebook Citation: 65 MICH. L. REV. 421 (1967)

Author: George E. Palmer: all 10 publications


Abstract

There is unnecessary confusion and difference of opinion over the effect of the statute of frauds as a bar to reformation that would otherwise be available in connection with bargain transactions. Both the confusion and the conflict could be eliminated if it were clearly perceived that a decree of reformation is not the enforcement of an oral contract. Instead, it is a correction of the writing in question, or more basically a recognition that the legally significant agreement is the one the parties intended to express or describe in the writing. It is a separate question whether the writing as corrected complies with the statute of frauds so as to make the agreement enforceable.

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