Question

Brian owns a parcel of land that is encumbered by a mortgage held by the First International Bank. Brian agrees to sell the land to Piercel for $350,000. Brian and Pierce together go to the First International Bank to discuss the sale and purchase with the banker. Brian, Pierce, and the banker sign an agreement stating that Pierce will assume the mortgage and that Brian will be discharged from all further liability on the mortgage. In this case:
a, the bank can collect from Brian if Plerce defaults.
b. the bank is a third party donee beneficiary,
c. the agreement among the three is a novation.
d. Brian is a third party beneficiary of the agreement between Pierce and the bank.

Answer 1

Answer: c. the agreement among the three is a novation.

Explanation:

A novation refers to a situation whereby a party to a contract is replaced by another party. That means that the duties and benefits of the party being replaced will be passed on to the new party to the contract.

In this scenario, Brian was replaced in the mortgage contract by Pierce and Pierce assumed all liability related to the land in question. This is therefore a novation.