ContractsIntermediateArizona Exam

What is the difference between an assignment and a novation in contract law?

AThey are legally identical concepts that both substitute a new party for the original obligor and provide a complete release of the original party's contractual liability
BAssignment substitutes a completely new party and releases the original party from all liability; novation only transfers benefits without releasing the original party from obligations
CNovation substitutes a new party and releases the original; assignment transfers rights without releasing the original party from liabilityCorrect
DAssignment requires prior approval from a court of competent jurisdiction before it can be enforced; novation is effective immediately upon the parties' written agreement

Why Novation substitutes a new party and releases the original; assignment transfers rights without releasing the original party from liability Is Correct

Answer C: Novation substitutes a new party and releases the original; assignment transfers rights without releasing the original party from liability

In a novation, a new party is substituted and the original party is released from liability. In an assignment, the original party transfers their rights but remains secondarily liable unless released.

Exam Tip: Contracts

Contract questions frequently test the essential elements required for a valid contract. Remember: competent parties, mutual consent, lawful object, and sufficient consideration. Watch for void vs. voidable distinctions.

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