Part 1Formation of Contract

Autonomy of parties

1Autonomy of parties: application of sections 2 to 13

(1)

Sections 2 to 13 apply in relation to the formation of a contract except in so far as—

(a)

the offer, or any counter-offer, provides otherwise, or

(b)

the parties to the contract have, before the contract is formed, come to an agreement which (whether in regard to the formation of that contract or to the formation of contracts which include that contract) provides otherwise.

(2)

Such provision as is referred to in subsection (1)(a) and (b)—

(a)

may be express or implied, and

(b)

may be to the effect that the contract is to be formed—

(i)

in a way other than in accordance with sections 2 to 13, or

(ii)

in accordance with sections 2 to 13 but with such modifications to them as the parties may agree between themselves.