§6.04 Restitution and Reformation

When a party has obtained a benefit that he or she may not justly retain, you may grant restitution to the other party in order to restore the aggrieved party to his or her former position through the return of the thing or its equivalent in money. [See Witkin, Summary of California Law, Contracts §§93–118 (9th ed 1987); Ghirardo v Antonioli (1996) 14 C4th 39, 50–51 (unjust enrichment).]

You may revise (or “reform”) a contract when—through fraud or a mutual mistake of the parties, or one party’s mistake that the other party knew about or suspected—a written contract does not truly express the parties’ intention. You may revise the contract to express that intention if it can be done without prejudicing any rights acquired by third persons. [CC §§3399 et seq.] A revised contract may then be specifically enforced. [CC §3402.]

Remember, however, that restitution or reformation may be requested only in an action to recover money.

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