Commentary

58 Classes of novation

CHOSES IN ACTION vol 7
CHOSES IN ACTION vol 7 | Commentary

58 Classes of novation

CHOSES IN ACTION vol 7 | Commentary

58 Classes of novation

There are two classes of novation:

  1. 58.1

        where a new contract is substituted for an old one between the same parties, and

  2. 58.2

        where a new contract is substituted for an old one between different parties.

This section is mainly concerned with the second class. As to the first class it is sufficient to say that the new contract must be of such a kind that the two cannot stand together, and the new contract therefore rescinds the old contract.

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