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All of the following are required for a valid novation EXCEPT

Correct Answer

D) Filing the novation agreement with the county recorder

Novation requires consent, substitution, and release, but recording with the county is not a requirement for a valid novation.

Answer Options
A
Consent of all parties including the obligee
B
A new party or new obligation substituted for the old one
C
Release of the original obligor
D
Filing the novation agreement with the county recorder

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Related Topics & Key Terms

Key Terms:

contract_assignment_and_novationreverse_questionexcept_notrequirements

Related Concepts

A bilateral contract is an agreement in which both parties exchange promises and are both obligated to perform, while a unilateral contract is one in which only one party makes a promise and the other party is not obligated to act.

A breach of contract occurs when one party fails to perform their obligations under the contract without a legal excuse. The non-breaching party is entitled to legal remedies including damages, specific performance, or contract rescission.

Consideration is something of value exchanged between parties to a contract, making the agreement legally binding. It can be money, a promise to act, a promise to refrain from acting, or anything else of value.

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