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Thus, 'acceptance of the new contract as full performance of the old contract' may be read in conjunction to the phenomenon of 'mutual agreement of the T&Cs'.
In contrast to assignment, novation requires the consent of all parties.
Consideration is still required for the new contract, but it is usually assumed to be the discharge of the former contract.
The criteria for novation comprise the obligee's acceptance of the new obligor, the new obligor's acceptance of the liability, and the old obligor's acceptance of the new contract as full performance of the old contract.
Novation is not a unilateral contract mechanism, hence allows room for negotiation on the new T&Cs under the new circumstances.
7, where the word "novations" occurs in the marginal note to the section, and so has quasi-statutory sanction.
In contrast to an assignment, which is generally valid as long as the other party is given notice (except where the obligation is specific to the obligor, as in a personal service contract with a specific ballet dancer, or where assignment would place a new and special burden on the counterparty), a novation is valid only with the consent of all parties to the original agreement.
A contract transferred by the novation process transfers all duties and obligations from the original obligor to the new obligor.
For example, if there exists a contract whereby Dan will give a TV to Alex, and another contract whereby Alex will give a TV to Becky, then, it is possible to novate both contracts and replace them with a single contract wherein Dan agrees to give a TV to Becky.
The rights assigned to C operate only from the date of the assignment and are not retrospective.
The burden (an obligation) of a contract is not assignable.