S. 16 not in force at Royal Assent, see s. 29(2)

http://www.legislation.gov.uk/asp/2026/10/section/16Contract (Formation and Remedies) (Scotland) Act 2026enStatute Law Database2026-05-22Expert Participation2026-04-15Part 2Remedies for Breach of ContractAutonomy of parties
16Autonomy of parties: application of sections 17 to 24 and of the Law Reform (Contributory Negligence) Act 1945(1)

Sections 17 to 21 apply in relation to any breach of contract—

(a)

except in so far as the parties to the contract have agreed otherwise, and

(b)

except that if the contract includes any term which the parties intend should continue to have effect even after the contract is rescinded, those sections are without prejudice to that term.

(2)

Sections 22 to 24 apply in relation to any breach of contract, or anticipatory breach of contract, except in so far as the parties to the contract have agreed otherwise.

(3)

The parties to a contract may agree that the Law Reform (Contributory Negligence) Act 1945 is to be disregarded in determining any question as to reducing, by virtue of a breach of the contract by a party, any damages recoverable from the other party.

(4)

An agreement of the kind referred to in subsections (1) to (3) may be express or implied.