Publication Type
Journal Article
Version
publishedVersion
Publication Date
9-2022
Abstract
Professor Goode once observed that “Novation need not be left to ad hoc agreement; it is open to the parties to provide for it in advance and in particular to establish a contractual mechanism by which novation takes place automatically on the occurrence of a designated act or event”. This deceptively straightforward proposition is examined in the present article. It explores the legal footing for, and the risks in adopting a pristine version of, the proposition, and considers possible safeguards that may be incorporated within the process of scrutiny, if in any case there arises concern over the effectiveness of a novation that is undertaken pursuant to consent given in advance.
Keywords
contract, novation, commercial law, common law.
Discipline
Commercial Law | Contracts
Research Areas
Asian and Comparative Legal Systems
Publication
Cambridge Law Journal
Volume
81
Issue
3
First Page
581
Last Page
609
ISSN
0008-1973
Identifier
10.1017/S0008197322000472
Publisher
Cambridge University Press
Citation
LAU, Kwan Ho.
Novation and advance consent. (2022). Cambridge Law Journal. 81, (3), 581-609.
Available at: https://ink.library.smu.edu.sg/sol_research/3979
Copyright Owner and License
Authors
Creative Commons License
This work is licensed under a Creative Commons Attribution 4.0 International License.
Additional URL
https://doi.org/10.1017/S0008197322000472