California Codes, Civil Code - CIV, Division 3 — Obligations, Part 2 — Contracts, Title 3 — Interpretation of Contracts, Section 1640
When, through fraud, mistake, or accident, a written contract fails to express the real intention of the parties, such intention is to be regarded, and the erroneous parts of the writing disregarded.
Notes
Requires the parties’ real intention to control when fraud, mistake, or accident causes a written contract to fail to express that intention. Erroneous portions of the writing are disregarded so that interpretation follows the parties’ actual intended agreement rather than the mistaken or distorted written terms.
Use as reference
Lexinter.net | California Code, Civil Code - CIV § 1640 | https://laws.lexinter.net/codes/california/civil-code/division-3/part-2/title-3/section-1640