WI · jury_instructions
Wis JI-Civil 3034
Novation
The parties to a contract may mutually agree to create a new contract which discharges
their legal obligations under the original contract by [the substitution of a new obligation
between the same parties with intent to extinguish the old obligation] [the substitution of a
consenting new debtor in place of the old debtor, with intent to release the old debtor] [the
substitution of a consenting new creditor in place of the old creditor, with intent to transfer
the rights of the old creditor to a new creditor].
If the parties intended only to modify the contract or to expand or diminish the
obligations thereunder, then the contract is not discharged.
Consideration and a meeting of the minds of all parties to the new contract are
required before discharge of the original contract can be found. However, it is not required
that the agreement to discharge the original contract be shown by express words, for it may
be implied from the circumstances of the relationship and the conduct of the parties.
History
Wis JI-Civil 3034 (1993). ©1993, Regents, Univ. of Wis. Prepared by the Wisconsin Civil Jury Instructions Committee of the Wisconsin Judicial Conference with the University of Wisconsin Law School; posted by the Wisconsin State Law Library with the University's permission.
Provenance
- Source
- wilawlibrary.gov
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
2eddde0f73dc145296ea497656fb4e4a263c25897e6a079e9ce92b2212edec90
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