2009 California Civil Code - Section 3399-3402 :: Article 4. Revision Of Contracts

CIVIL CODE
SECTION 3399-3402

3399.  When, through fraud or a mutual mistake of the parties, or a
mistake of one party, which the other at the time knew or suspected,
a written contract does not truly express the intention of the
parties, it may be revised on the application of a party aggrieved,
so as to express that intention, so far as it can be done without
prejudice to rights acquired by third persons, in good faith and for
value.

3400.  For the purpose of revising a contract, it must be presumed
that all the parties thereto intended to make an equitable and
conscientious agreement.

3401.  In revising a written instrument, the Court may inquire what
the instrument was intended to mean, and what were intended to be its
legal consequences, and is not confined to the inquiry what the
language of the instrument was intended to be.

3402.  A contract may be first revised and then specifically
enforced.

Disclaimer: These codes may not be the most recent version. California may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.