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(1)For a proposal to constitute an “offer” in relation to the formation of a contract—
(a)the offeree must have reasonable grounds to suppose that the offeror intends the proposal to result in a contract if accepted, and
(b)the proposal must be one which, after taking any relevant enactment or rule of law into account, could be given legal effect as a contract if accepted.
(2)Any such offer may be addressed—
(a)to a specific person,
(b)to persons of a particular description,
(c)to persons in general, or
(d)to the public at large.
(3)Subsections (1) and (2) are without prejudice to the application of any relevant enactment, or rule of law, in relation to the constitution of a unilateral promise.
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Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.
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