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4.2-19 Defense - Novation

New February 1, 2013

The defendant claims that (he/she/it) is not liable to the plaintiff under the contract because the plaintiff agreed that <insert name of new debtor> would take over the defendantís obligations under the contract. This substitution is called a novation. In order to prove a novation, the defendant must prove:

  1. that the plaintiff has accepted in the place of the defendant as the person liable to the plaintiff under the contract; and
  2. that the plaintiff has agreed to a discharge of the defendantís obligation to (him/her/it).

Authority

Spicer v. Spicer, 33 Conn. App. 152, 158, 159 (1993), cert. denied, 228 Conn. 920 (1994); Ruwet-Sibley Equipment Corp. v. Stebbins, 15 Conn. App. 21, 26, cert. dismissed, 209 Conn. 806 (1988).


 

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