Law Lessons from DAN STEPHENSON, Personal Representative of ESTATE OF JACK M. MURRAY v. WILLIAM E. SPIEGLE, III, ESQUIRE, __ N.J. Super. __ (App. Div. 2013), A-4193-11T2, January 31, 2013:
The availability of the “reformation” remedy is largely dependent upon a finding of mutual mistake, Bonnco Petrol, Inc. v. Epstein, 115 N.J. 599, 608-09 (1989); Beachcomber Coins, Inc. v. Boskett, 166 N.J. Super. 442, 446 (App. Div. 1979),
However, rescission may be appropriate in a case to remedy a unilateral mistake “of so great a consequence” that “to enforce the contract as actually made would be unconscionable.” Villanueva v. Amica Mut. Ins. Co., 374 N.J. Super. 283, 289-90 (App. Div. 2005).
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