| Synopsis: |
This Discussion Paper is the second publication in the SLC's project reviewing contract law, which began early in 2010. The Paper is divided into three Parts. The first consists of an introductory chapter. Thereafter, Part 2 offers an overview of formation of contract, beginning with general principles and drawing on relevant comparative material, and Part 3 discusses the particular issue of 'execution in counterpart'. The scope of this Paper is thus quite strictly confined to issues about the formation of contract. The proposals for reform in the sense of change in the law are limited. The major changes relate to the law on postal acceptances and execution in counterpart, with the possibility also of addressing problems that may exist in the battle of the forms. In addition, however, the SLC canvas the possibility of a comprehensive statute on formation of contract. Nearly all the proposals in this Discussion Paper relate to the Scots private law of obligations, which is not reserved in terms of the Scotland Act 1998. The SLC are also of the view that the proposals, if enacted, would not give rise to any breach either of the European Convention on Human Rights or of Community law. |