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A owes Rs. 10,000 to B under a contract it is agreed between A,B & C that B shall henceforth accept C as his Debtor instead of A for the same amount. Old debt discharged and a new debt from C to B is contracted. This is:
Rescission of contract
Novation of contract
Alteration of contract
None of the above
- In this scenario, A owes Rs. 10,000 to B. All parties agree that B will now treat C as his debtor instead of A for that amount.
- The original obligation of A to B is discharged, and a new obligation arises between C and B for the same sum.
- Option 1: Rescission of contract – This means cancelling the contract as if it never existed, reverting parties to their original positions. That is not what happens here.
- Option 2: Novation of contract – This is when a new contract replaces an old one, either by changing the parties or the terms. In this case, C replaces A as B’s debtor, which is classic novation.
- Option 3: Alteration of contract – This involves changing the terms of the existing contract, not substituting one party for another.
- Option 4: None of the above – Not correct, as Option 2 fits best.
- Correct Answer: Option 2 - Novation of contract
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