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However, we consider that there can have been a partial change of the parties by novation , if the language of the revised contract achieves that effect.
The trial judge found that novation could not stand - he disregarded it.
The novation of the Research Agreement occurred because both Dr Leahy and Cyprotex acted on and after 21 March 2001 when Cyprotex Ltd was incorporated as if Cyprotex Ltd was the contracting party with Sheffield.
In fact it is possible for the parties to provide for novation in advance and establish a contractual mechanism by which novation takes place automatically on the happening of a specified act or event.
We agree that self-evidently New India was not an original party and there is no basis upon which it could be held that there was any novation or transfer to New India of the rights and obligations of the insured under the Club Rules.
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