Commentary

62 Evidence as to novation

CHOSES IN ACTION vol 7
| Commentary

62 Evidence as to novation

| Commentary

62 Evidence as to novation

Whether there has been a novation in any particular case is a question of fact, the determination of which may be a matter of some difficulty. Novation may be by an oral or a written agreement, as no document is required1 unless otherwise required by statute2. It is a matter of inference to be drawn from the circumstances, and in deciding whether or not there has been novation two questions must be considered:

  1. 62.1

        Did all the parties to the original contract agree to the substitution of the new contract?

  2. 62.2

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