ContractsIntermediateCalifornia Exam

What is the difference between an 'assignment' and a 'novation' of a contract?

AAssignment releases the original party; novation does not, per standard contingency and disclosure practice
BNovation substitutes a new party and releases the original obligor; assignment transfers rights but keeps the original party liableCorrect
CBoth assignment and novation release the original party from all obligations, under standard California purchase contract terms
DNovation is only available in commercial leases, as typically drafted in a residential purchase agreement

Why Novation substitutes a new party and releases the original obligor; assignment transfers rights but keeps the original party liable Is Correct

Answer B: Novation substitutes a new party and releases the original obligor; assignment transfers rights but keeps the original party liable

In an assignment, the original party transfers their contractual rights/duties to a third party but remains secondarily liable. In a novation, the original party is completely released and a new party steps in with the other party's consent, forming a new contract.

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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