Legal Opinion

Troubled Asset Solutions, LLC v. Wilcher

Oregon Supreme Court

Decided August 1, 2019No. CC C142009EV, C145657CV (SC S066097)PublishedCited by 1 opinion

1Opinion of the CourtBalmer, J.

**399This case requires us to consider and apply the legal standard for the reformation of a contract to include a term that all parties had intended, but that one of the parties, by mistake, had failed to include in the written agreement. The trial court reformed the contract to include the term, finding that the mistake "was easily missed," and that the "evidence is clear that all parties intended" the term to be included. The Court of Appeals reversed, concluding that reformation is permissible only if the party seeking the remedy demonstrates that it was not "grossly negligent," and…

2Cases cited15 opinions

  1. Jensen v. MillerOregon Supreme Court · 1977
  2. Dep't of Human Servs. v. S.J.M. (In re L.B.M.)Oregon Supreme Court · 2018
  3. Lewis v. LewisOregon Supreme Court · 1874
  4. Crimson Trace Corp. v. Davis Wright Tremaine LLPOregon Supreme Court · 2014
  5. Welch v. JohnsonOregon Supreme Court · 1919

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3Cited by1 opinion

  1. Troubled Asset Solutions v. WilcherCourt of Appeals of Oregon · 2020

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