A landlord and tenant enter into a lease agreement that mistakenly describes the property being leased as 'Apartment 2A' instead of the intended unit, 'Apartment 3B.' After discovering the error, the tenant seeks to correct the lease. What legal remedy is most appropriate to correct this mistake?
Reformation is the correct remedy because it allows a court to revise the terms of a written agreement to reflect the true intention of the parties when a mutual mistake has occurred. Rescission, on the other hand, is a remedy that voids the contract entirely, which is not appropriate in this case because both parties wish to uphold the agreement but correct the error. Other options, such as ratification, do not involve correcting errors in contractual terms, and damages address harm caused but do not alter the contract itself.
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What is reformation and how does it work in legal terms?
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