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Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 102150
Experience:  Qualified attorney in private practice including business, family, criminal, and real estate issues.
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Does a federal judge have the authority to change an

Customer Question

Does a federal judge have the authority to change an original contract between two parties?
Submitted: 10 months ago.
Category: Real Estate Law
Expert:  Ely replied 10 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

The answer is yes, in a variety of ways.

If the contract is deemed ambiguous, the Court can clarify what the verbiage states. Mastrobuono v. Shearson Lehman Hutton, Inc., 514 US 52 - Supreme Court 1995. Also see 28 U.S. Code § 2201.

If the contract is missing items, the Court can fill in standard/fair verbiage under UCC laws. These are commonly called gap fillers.

If the contract is deemed unconscionable, it or parts of it may be voided by the Court. Williams v. Walker-Thomas Furniture Company, 350 F. 2d*****of Appeals, Dist. of Columbia Circuit 1965.

These are but a few examples. The point is, the Court may modify/clarify/void a contract in many circumstances.

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