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In property law, novation occurs when a tenant signs a lease over to another party, who assumes both the responsibility for the rent and the liability for any subsequent damages to the property, as indicated in the original lease.
For example: B enters into a contract with C for B to paint C's house for $500. B then enters into a separate contract with C and D for D to paint C's house and to discharge its duties to C. This new contract is called a novation.
A valid novation agreement requires the following: (1) Assumption of contract obligations. The new owner must assume all obligations under the contract. (2) Waiver of right to reimbursement.
Kinds of novationConventional - takes place by agreement of parties.As to form.Implied - when the old and new obligations are on every point incompatible with each other.In California Bus Line v.As to subject.More items...
The novation process refers to the act of replacing one of the involved parties in a contract or replacing one of the obligations set forth in the contract with another. Before the novation process can occur, all involved parties in a contract must consent to the change.