If you discover that a portion of a contract that you executed is flawed, can you argue in court for relief for that contract to be amended? Is there any freedom to a party who enters a contract to make changes to it if a Court so orders? For example if a Court finds a contract to be proven to be flawed in any way.
I think what you are asking about is contract reformation, whereby a provision is vague or ambiguous or not correct. Have you approached the other party regarding amending the agreement? More information about the specific situation should be discussed with an attorney so that you take the best action necessary in your specific situation. It should not be discussed on a public internet forum. Many of us offer free initial consultations, why not use one?
There many reasons to modify a contract. If there is a failure of a basic assumption based upon mistake, impracticability and/or frustration then you have several options. Don’t do this on your own. Meet with an attorney to discuss the specific facts further. Many reputable attorneys offer a free consultation either in office or over the phone so meet with at least one without delay. Best wishes.
The response above is general information related to law and not intended as legal advice since it’s impracticable to provide thorough, accurate advice based upon the query without additional details. It is highly recommended that one should seek advice from an attorney licensed in your jurisdiction by setting up a confidential meeting. Moreover, this response does not constitute the creation of an attorney-client relationship since this message is not a confidential communication because it was posted on a public website, thereby publicly disclosing the information, which is another reason to setup a confidential meeting with an attorney.
To advise you, it would be necessary to know what you mean by flawed. It could mean you just don't like it, which wouldn't particularly have a remedy other than renegotiate if the other side is willing. It could mean there are contradictions or ambiguities or legal errors, in which case you could try to renegotiate or get a court to address it. You would have to show it to an attorney in a personal consultation to get advice about it. You can contact attorneys through their profile information or find someone through the Find a Lawyer tab.
Please note: This answer is not intended and should not be considered as legal advice. Such professional advice requires full disclosure to an attorney of a client’s circumstances and that attorney’s opportunity to analyze those circumstances against applicable law.
Contract novation, reformation, and clarification involve an often very malleable area of law: contracts. Contracts try to memorialize all aspects of a deal, but they often miss key points. Contact a local attorney to assist you in making your contract better than it is currently. There are a variety of ways to accomplish your goal.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline