Joennel M. Semilla Ms.

Kristine Carmina Manaog

BSA203 Law on Obligations and Contract

Answer the following items: (15 points)

1. What are the grounds when reformation of an instrument may be availed of?
a. Mistake
b. Inequitable conduct
c. Fraud
d. Accident

2. What is the burden proof that the plaintiff should discharge to prove the ground
by which reformation of an instrument may be availed of?
The burden proof is upon the party who insists that the contract should be
reformed because of its failure to express the true intention of the parties. The
presumption is that an instrument sets out the true agreement of the parties and will
have an effect of being retroactive from the time of the execution of the original contract.

3. What are the requisites that must be present in order for mistake to be ground for
the reformation of an instrument?
a. The mistake must be of fact.
b. Such mistake must be proved by clear and convincing evidence.
c. The mistake must be mutual, that is, common to both parties to the instrument.
d. The mistake must cause the failure of the instrument to express their true intention.

4. Who can bring an action to reform an instrument?

a. Either of the parties
b. Injured party
c. Heirs or successors in interest

5. What instruments CANNOT be reformed?

a. Simple donations wherein no condition is imposed
b. Wills
c. When the real agreement is void