Contract (Formation and Remedies) (Scotland) Act 2026

Part 1Formation of Contract

Autonomy of parties

1Autonomy of parties: application of sections 2 to 13

Requirements for the formation of a contract

2Formation of contract: general

3Formation of contract by unnotified acts

4What constitutes an offer

5Revocation of offer

6Lapsing of offer on fundamental change of circumstances

7Acceptance of offer

8Qualified acceptance of offer

9Rejection of offer

Withdrawal of offer or acceptance

10Withdrawal of offer or acceptance

12Commencement of a period of time within which a response to an offer is required

13When notification takes effect

14Abolition of any rule of law as to when notification of postal acceptance takes effect

15Interpretation of Part 1

Part 2Remedies for Breach of Contract

Autonomy of parties

16Autonomy of parties: application of sections 17 to 24 and of the Law Reform (Contributory Negligence) Act 1945

Mutuality of contract

17Mutuality of contract

Rescission for breach of contract

18Rescission for breach of contract: return of benefits received

19Value of benefit

20Compensation for reduction in value of a returned benefit

21Use and improvement

Contractual retention

22Application of contractual retention

23Notification of contractual retention for an anticipatory breach of contract

24Contractual retention in proceedings

25Interaction of contractual retention with existing law

Amendment of Law Reform (Contributory Negligence) Act 1945

26Amendment of Law Reform (Contributory Negligence) Act 1945

28Ancillary provision

Royal arms

Contract (Formation and Remedies) (Scotland) Act 2026

2026 asp 10

The Bill for this Act of the Scottish Parliament was passed by the Parliament on 3rd March 2026 and received Royal Assent on 14th April 2026

An Act of the Scottish Parliament to make provision in relation to formation of contract and remedies for breach of contract; and for connected purposes.