CA · jury_instructions
CACI No. 337
Affirmative Defense—Novation
[Name of defendant] claims that the original contract with [name of
plaintiff] cannot be enforced because the parties substituted a new and
different contract for the original.
To succeed, [name of defendant] must prove that all parties agreed, by
words or conduct, to cancel the original contract and to substitute a new
contract in its place.
If you decide that [name of defendant] has proved this, then the original
contract is not enforceable.
New September 2003; Revised October 2004
Provenance
- Source
- courts.ca.gov
- Retrieved
- 2026-08-20
- Edition
- caci-2022
- Content hash
7516e06045c18f8ba4733f4a9f141a636b2e5773f99544ecb5a09b4791af1998
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