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Exercises · Q8

Q.Distinguish between Novation and Alteration of a contract.

Tamil Nadu DgeTextbookSubjectiveImportance★★★★★
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BasisNovationAlteration
What changesThe entire contract is replaced by a new oneOnly some terms of the same contract are changed
PartiesMay involve a new party altogetherParties generally remain the same
Effect on original contractOriginal contract is extinguishedOriginal contract continues to exist, in its altered form
Consent neededConsent of all parties, including any new partyMutual consent of the existing parties
ExampleA owes B ₹10,000; it is agreed instead that C will pay B ₹10,000, discharging AA and B agree to change the delivery date of goods under their existing sale contract

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