Equity will not reform a written contract unless the mistake is shown to be the mistake of both parties; but it may rescind and cancel upon the ground of mistake of fact material to the contract of one party only.
History. Civil Code 1895, § 3982; Civil Code 1910, § 4579; Code 1933, § 37-207.
History of Code section.
This Code section is derived from the decision in Werner v. Rawson, 89 Ga. 619 , 15 S.E. 813 (1892).
Law reviews.
For article, “Limitations on the Meaning and Impact of DeGarmo v. DeGarmo,” see 4 Ga. St. B.J. 20 (1998).
Structure Georgia Code
Chapter 2 - Grounds for Equitable Relief
Article 2 - Accident and Mistake
§ 23-2-20. Which Accidents Relievable in Equity
§ 23-2-21. What Mistakes Relievable in Equity; Power to Relieve to Be Exercised Cautiously
§ 23-2-22. Mistake of Law in Instrument by Contracting Parties
§ 23-2-23. Mistake of Law in Instrument by Agent
§ 23-2-24. When Mistake of Fact Relieved
§ 23-2-25. Form of Conveyance Contrary to Intent
§ 23-2-26. Accident or Mistake in Execution of Power
§ 23-2-27. Equitable Interference Not Authorized by Mere Ignorance of Law
§ 23-2-30. Reformation and Execution of Contract in Case of Mistake Distinguished
§ 23-2-31. Rescission for Unilateral Mistake of Fact
§ 23-2-32. When Negligent Complainant Granted Relief
§ 23-2-33. Mere Volunteers, in General; Exception for Executed Contracts
§ 23-2-34. Relief Against Original Parties or Privies; Exception