The term “novation” denotes an agreement entered into by two or more contracting parties, thereby consenting to allow for the substitution of a new party for an existing one. The original contracting party being replaced by the new party is thereby excused. By its very nature, a novation is a new obligation that extinguishes and replaces an original contract or obligation. Novation equally applies to substitution of parties.
Negligence is said to be omission or failure to do something which a reasonable man, under similar circumstances, would do or doing of something which a reasonable and prudent man would not do. Put differently, negligence is the omission to do something which a reasonable man, guided upon those considerations which ordinarily regulate conduct of human affairs, would do or doing something which a prudent and reasonable man would not do.
