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scots contract law wikipedia 62 captures 30 may 2013 21 sep 2026 aug sep oct 09 2021 2022 2023 success fail about this capture timestamps the wayback machine http web archive org web 20220909104451 https en wikipedia org wiki scots_contract_law scots contract law from wikipedia the free encyclopedia jump to navigation jump to search part of a series on scots law administration justice and communities directorate of the scottish government cabinet secretary for justice judicial appointments board judicial complaints reviewer parole board for scotland legal aid board courts tribunals service college of justice office of the public guardian scottish sentencing council law commission criminal cases review commission prison service civil courts court of session lord president lord justice clerk lord of session office of the accountant of court acts of sederunt sheriff court sheriff appeal court sheriff principal sheriff personal injury court sheriff criminal courts high court of justiciary lord justice general lord justice clerk lords commissioner of justiciary acts of adjournal sheriff courts sheriff appeal court sheriff principal sheriffs justice of the peace courts justices of the peace special courts court of the lord lyon lord lyon king of arms children s reporter administration children s hearings land court lands tribunal scottish solicitors discipline tribunal criminal prosecution lord advocate crown office and procurator fiscal service advocate depute procurator fiscal fiscal fine precognition legal profession judiciary faculty of advocates advocate law society solicitor advocate solicitor association of commercial attorneys scottish legal complaints commission v t e scots contract law governs the rules of contract in scotland contract is created by bilateral agreement and should be distinguished from a unilateral promise the latter being recognised as a distinct and enforceable species of obligation in scots law the english requirement for consideration does not apply in scotland so it is possible to have a gratuitous contract i e a contract where only one of the parties comes under any duties to the other e g a contract to perform services for no consideration if however consideration is given as for example in a sales contract the contract is said to be onerous a contract is an agreement between two or more parties which creates or intends to create legally binding obligations between the parties to it note however that not all declarations made by a person to another person will amount to a promise that is enforceable under scots law in particular a declaration of intention a testamentary provision and an offer will not be a promise at common law a promise had to be proved by writ or oath however after the introduction of the requirements of writing scotland act 1995 a promise need only be evidenced in writing for the creation transfer variation or extinction of a real right in land s 1 2 a i of requirements of writing scotland act 1995 and a gratuitous unilateral obligation except an obligation undertaken in the course of business s 1 2 a ii of requirements of writing scotland act 1995 note that this section has caused great debate amongst academics as to the meanings of unilateral and gratuitous some believe that the inclusion of the two terms in this section points to a desire of the drafters that they be given different meanings this would allow some promises to be unilateral but not gratuitous this argument was particularly discussed by both martin hogg university of edinburgh and joe thomson university of glasgow in articles for the scots law times news in 1998 and 1997 respectively a contract is formed by the acceptance of an offer an offer can be constituted by responding to an invitation to treat variation of the original offer counts as counter offer a leading piece of legislation in scots contract law is the contract scotland act 1997 this act includes damages for breach of contract of sale see also edit english contract law references edit macqueen and thomson contract law in scotland 2nd edition 2007 martin hogg obligations 2nd edition 2006 martin hogg promises and contract law comparative perspectives 2011 this article related to law in scotland is a stub you can help wikipedia by expanding it v t e retrieved from https en wikipedia org w index php title scots_contract_law oldid 1084096356 categories scots private law scottish society economy of scotland contract law law of obligations scots law stubs hidden categories use dmy dates from april 2022 all stub articles navigation menu personal tools not logged in talk contributions create account log in namespaces article talk english views read edit view history more search navigation main page contents current events random article about wikipedia contact us donate contribute help learn to edit community portal recent changes upload file tools what links here related changes upload file special pages permanent link page information cite this page wikidata item print export download as pdf printable version languages add links this page was last edited on 22 april 2022 at 14 45 utc text is available under the creative commons attribution sharealike license 3 0 additional terms may apply by using this site you agree to the terms of use and privacy policy wikipedia is a registered trademark of the wikimedia foundation inc a non profit organization privacy policy about wikipedia disclaimers contact wikipedia mobile view developers statistics cookie statement