Novation principle: substitution or rescission of a contract discharges original obligations when the parties agree. Section 62 provides that when parties agree to substitute a new contract for an existing one, or to rescind or alter it, the original contract need not be performed; discharge of the original obligation depends on the parties' agreement and, for substitution involving a third party, requires that party's assent.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Novation principle: substitution or rescission of a contract discharges original obligations when the parties agree.
Section 62 provides that when parties agree to substitute a new contract for an existing one, or to rescind or alter it, the original contract need not be performed; discharge of the original obligation depends on the parties' agreement and, for substitution involving a third party, requires that party's assent.
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