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Contract (Formation and Remedies) (Scotland) Act 2026

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4What constitutes an offer

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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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