What distinguishes novation from a further agreement that leaves the original contract in force under…
Section 62 of the Indian Contract Act, 1872 provides that when the parties agree to substitute a new contract for the original, the original contract need not be performed.…
Choose your answer
What distinguishes novation from a further agreement that leaves the original contract in force under section 62 of the Indian Contract Act, 1872?
Answer and explanation
Correct answer B
Section 62 of the Indian Contract Act, 1872 provides that when the parties agree to substitute a new contract for the original, the original contract need not be performed. This agreed replacement is the essential feature of novation.
Option feedback
Option A
Section 62 requires the parties' agreement to substitute a contract. A unilateral announcement does not accomplish novation.
Option B
An agreed substitution discharges the obligation to perform the original contract under section 62.
Option C
Keeping the original contract enforceable alongside the new contract is inconsistent with substitution.
Option D
Novation presupposes an original contractual obligation to replace. A void agreement is not a prerequisite.
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