What is the test for determining if novation has occurred?
British Columbia, Canada
The following excerpt is from Domtar Inc. v Univar Canada Ltd., 2011 BCSC 1776 (CanLII):
She outlined a three-part test for determining if novation has occurred, as set out in Polson v. Wulffsohn (1890), 2 BCR 39, as follows (at 427): 1. The new debtor must assume the complete liability; 2. The creditor must accept the new debtor as principal debtor and not merely as an agent or guarantor; and 3. The creditor must accept the new contract in full satisfaction and substitution for the old contract.
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