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14 Distinction between a novation and an assignment

  • the assignee in an assignment does not become a party to the initial contract between the debtor and the assignor. This is comparable to a novation in so far that the parties of the novation do not become parties to the initial contract because a new contract is created whereas in an assignment the underlying contract remains on foot.
  • Because in a novation the novation results in a new contract the rights are not subject to equities. In an assignment the assignee takes subject to equities.
  • Novation comprises a discharge of existing obligations where consent is required whereas consent is not required in an assignment at common law.
  • Consideration is required for novation whereas an assignments does not strictly require consideration.