Contract (Formation and Remedies) (Scotland) Act 2026

Prospective

3Formation of contract by unnotified actsS

This section has no associated Explanatory Notes

(1)Subsection (2) applies, in relation to the formation of a contract, where—

(a)an offer provides expressly or impliedly,

(b)the parties to the prospective contract have established a practice between or among themselves to the effect, or

(c)there is a usage common to those parties to the effect,

that the performance of certain acts by the offeree forms the contract, even without notification of performance or of acceptance to the offeror.

(2)The contract is formed on the offeree’s beginning to perform the acts in question.

(3)Subsections (1) and (2) are subject to section 11(1)(b).

Commencement Information

I1S. 3 not in force at Royal Assent, see s. 29(2)