Question

If the parties do not expressly discharge the old contract when writing a novation, the old contract will be impliedly discharged if the new contract's terms are inconsistent with the old contract's terms/.True/false

Answer 1

Answer:

The answer is true

Explanation: novation is the process in which an old contract is substituted by a new contract through an agreement .All rights and duties under old contract are  being terminated.

if parties write a novation, it will effectively nullifies the former contract.In novation one of the initial parties is replaced by new party.

Novations are most frequently used in corporate takeovers and sales of businesses.

A novation is same as an assignment where one party transfers interest in property or a business to third party as opposed to transferring the entire entity.

So is novation is written between the parties .They need not to discharge the old contract by expression.It will be automatically discharged if it's terms are inconsistent with new contract.