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CACI 337

What Is Contract Defense of Novation Law in California

Personal Injury Lawyers

What is the Law in California for the Contract Defense of Novation - California Civil Jury Instruction CACI 337

California Law

CA Civil Jury Instructions

CACI 337 - Contract Defense of Novation

As of September 1, 2010

California Civil Jury Instruction CACI 337

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.

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