Novation

A novation is a substituted contract replacing one party with another, requiring consent of all parties.

Representative cases

• Eagle Industries, Inc. v. Thompson 900 P.2d 475 · Oregon Supreme Court
• K & K RECYCLING, INC. v. Alaska Gold Co. 80 P.3d 702 · Alaska Supreme Court
• Klipp v. Iowa Grain Indemnity Fund Board 502 N.W.2d 9 · Supreme Court of Iowa

Related Excuse & Discharge rules

• Impossibility DefenseObjective impossibility excuses performance when it becomes literally impossible due to unforeseen events.
• Impracticability DefenseImpracticability excuses performance when extreme difficulty or expense fundamentally alters the nature of the…
• Frustration of PurposeFrustration excuses performance when the contract’s principal purpose is substantially undermined by unforeseen events.
• Accord and SatisfactionA new agreement to discharge a claimed obligation is an accord; performance of the accord is satisfaction.
• Accord vs. ModificationAn accord is a new agreement for substitute performance; a modification changes existing obligations.

Part of Contracts on Core Legal Rules — foundational MBE-tested principles with primary-source citations.