SECTIONS 3399-3402 - California Statutes

CIVIL CODE

SECTION 3399-3402

3399. When, through fraud or a mutual mistake of the parties, or a
mistake of one party, which the other at the time knew or suspected,
a written contract does not truly express the intention of the
parties, it may be revised on the application of a party aggrieved,
so as to express that intention, so far as it can be done without
prejudice to rights acquired by third persons, in good faith and for
value.

3400. For the purpose of revising a contract, it must be presumed
that all the parties thereto intended to make an equitable and
conscientious agreement.

3401. In revising a written instrument, the Court may inquire what
the instrument was intended to mean, and what were intended to be its
legal consequences, and is not confined to the inquiry what the
language of the instrument was intended to be.

3402. A contract may be first revised and then specifically
enforced.