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16.060 Contracts; Novation
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Description
16.060 Contracts; Novation A new contract as to the same matter and with no new consideration does not destroy the original contract between the same parties. However, if new parties are introduced by novation so as to change the person to whom the obligation is due, the original contract is at an end. A novation has four essential elements: a. previous valid obligation, b. agreement of all parties to new contract, c. cancellation of old contract, and d. validity of new contract. O.C.G.A. §13-4-5 Collier Estate v. Murray, 145 Ga. 851 (1916) Williams v. Rowe, 205 Ga. 770 (1949)
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