https://www.taxtmi.com/caselaws?id=108329 A promisee who consciously accepts a substituted form of satisfaction in place of the original promised performance may be treated as having discharged the promisor, especially where discharged receipts are returned and the surrounding correspondence shows unconditional acceptance. The text distinguishes novation, which requires agreement of all concerned parties, from acceptance of satisfaction under the contract rule allowing the promisee to accept any satisfaction it thinks fit. It also notes that an implied warranty or conditional acceptance argument fails where it is not consistently pleaded and is contradicted by the parties' conduct. en-us Wed, 08 Oct 2003 00:00:00 +0530 Thu, 16 Dec 2021 15:55:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=108329 A promisee who consciously accepts a substituted form of satisfaction in place of the original promised performance may be treated as having discharged the promisor, especially where discharged receipts are returned and the surrounding correspondence shows unconditional acceptance. The text distinguishes novation, which requires agreement of all concerned parties, from acceptance of satisfaction under the contract rule allowing the promisee to accept any satisfaction it thinks fit. It also notes that an implied warranty or conditional acceptance argument fails where it is not consistently pleaded and is contradicted by the parties' conduct. Case-Laws Indian Laws Wed, 08 Oct 2003 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=108329