| Commentary

59 Consent essential

| Commentary

59 Consent essential

As novation is a new contract, it is essential that the consent of all parties should be obtained1, and a party who wishes to obtain a release from his obligations under a contract, or desires to put another in his place, must obtain the concurrence of the other parties. It follows in such a case that a novation is a tripartite agreement, and is made between the party who desires to be released from the contract, the party who desires to be substituted for the retiring party, and the other parties to the contract. Consent

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