Which of the following requires the parties to agree to replace an existing contract?
Novation under section 62 is a consensual substitution of a new contract. The obligation in section 70 and the finder's responsibilities in section 71 arise by operation of…
Choose your answer
Which of the following requires the parties to agree to replace an existing contract?
Answer and explanation
Correct answer D
Novation under section 62 is a consensual substitution of a new contract. The obligation in section 70 and the finder's responsibilities in section 71 arise by operation of law.
Option feedback
Option A
Section 70 can impose compensation when the benefit is accepted. It does not require an agreement substituting a contract.
Option B
Section 71 imposes the responsibilities of a bailee on a finder who takes the goods into custody.
Option C
A quantum meruit claim for reasonable value can arise under section 70 when a lawful, non-gratuitous benefit is accepted. It does not require agreement to replace a contract.
Option D
Section 62 requires the parties to agree to substitute a new contract for the original.
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