256. Assignment of burden of contract by the contractor.

The contractor cannot assign the burden of his contract without the assent of the employer. In fact any assignment of a burden is actually called a 'novation' because to transfer a burden to another party needs the consent of all three parties; the original two contracting parties and the third party being the transferee1.

Where the contract would otherwise not be assignable, if the employer acquiesces in the assignment and accepts the services of the assignee, he will be estopped from raising any objection on the ground that the contract ought to have been carried out by the original contractor,

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