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Define: Novation

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TL;DR: Novation replaces an existing contract with a new one, transferring obligations to another party.

Understanding Novation

Novation occurs when all parties involved agree to substitute a contract, replacing an old obligation with a new one.

Key Characteristics:

  • Transfers Obligations Shifts contractual responsibilities to a new party.
  • Requires Mutual Consent All involved parties must agree.
  • Common in Business Transactions Often used in mergers, acquisitions, or loan transfers.

Example:

  • Changing Service Providers If a business switches leasing companies, a novation agreement may transfer contract obligations.

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This article is for informational purposes only and does not constitute legal advice. Consult an attorney for specific legal guidance.