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Contract (Formation and Remedies) (Scotland) Act 2026

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  1. Introductory Text

  2. Part 1 Formation of Contract

    1. Autonomy of parties

      1. 1.Autonomy of parties: application of sections 2 to 13

    2. Requirements for the formation of a contract

      1. 2.Formation of contract: general

      2. 3.Formation of contract by unnotified acts

    3. Offers

      1. 4.What constitutes an offer

      2. 5.Revocation of offer

      3. 6.Lapsing of offer on fundamental change of circumstances

      4. 7.Acceptance of offer

      5. 8.Qualified acceptance of offer

      6. 9.Rejection of offer

    4. Withdrawal of offer or acceptance

      1. 10.Withdrawal of offer or acceptance

    5. Time limits

      1. 11.Time limits

      2. 12.Commencement of a period of time within which a response to an offer is required

    6. Notification

      1. 13.When notification takes effect

      2. 14.Abolition of any rule of law as to when notification of postal acceptance takes effect

    7. General

      1. 15.Interpretation of Part 1

  3. Part 2 Remedies for Breach of Contract

    1. Autonomy of parties

      1. 16.Autonomy of parties: application of sections 17 to 24 and of the Law Reform (Contributory Negligence) Act 1945

    2. Mutuality of contract

      1. 17.Mutuality of contract

    3. Rescission for breach of contract

      1. 18.Rescission for breach of contract: return of benefits received

      2. 19.Value of benefit

      3. 20.Compensation for reduction in value of a returned benefit

      4. 21.Use and improvement

    4. Contractual retention

      1. 22.Application of contractual retention

      2. 23.Notification of contractual retention for an anticipatory breach of contract

      3. 24.Contractual retention in proceedings

      4. 25.Interaction of contractual retention with existing law

    5. Amendment of Law Reform (Contributory Negligence) Act 1945

      1. 26.Amendment of Law Reform (Contributory Negligence) Act 1945

  4. Part 3 General

    1. 27.Saving

    2. 28.Ancillary provision

    3. 29.Commencement

    4. 30.Short title

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