Novation
Candlefocus EditorNovation is not just a mere substitution of parties to a contract, it is also a transfer of rights, duties, and obligations from the novatee to the novationee—the terms of the original contract remain the same, but the parties change. The legal transaction of novation requires the agreement of both parties to the new arrangement and there must be clear consideration for it.
Novation is beneficial in a variety of different scenarios, particularly where one of the parties is unable to fulfill the terms of the contract. In such scenarios, another party can step in and assume the obligations of the original contract without changing any of the contractual terms. This allows businesses to continue with an established agreement without disruption and can be advantageous, especially if the novationee has a better financial position to handle the potential liabilities of the contract.
Novation is also beneficial in protecting the interests of the novationee and provides an additional level of clarity, as the original terms and conditions of the contract are maintained and the other party is responsible for any issues that arise. This can be particularly helpful in commercial contracts, as the novationee will be aware of the exact terms of the contract and the accountability of the other party.
In summary, novation is a highly important legal tool which enables parties to contracts to rearrange and determine their parties without invalidating the original contract. By allowing for the substitution of one contractual duty for another, novation can enable parties to continue with an established agreement without disruptions, increase clarity and protect the rights of the novationee.