Contract Law

The Competition and Markets Authority (CMA) has published its response to the Scottish government’s consultation on the Scottish Law Commission report on review of contract law. The response highlights the changes to the landscape around contract law as a result of the DMCC Act 2024 granting n

Views on the Scottish Law Commission's report on the review of contract law are being sought. The commission reported in March 2018 on a review of contract law dealing with the topics of formation, interpretation, remedies for breach and penalty clauses.

A new book by Stephen Bogle investigates James Dalrymple, Viscount Stair's groundbreaking approach to the law of contract. Contract before the Enlightenment, which will be released on 23 March, explores the development and reception of his ideas relating to the law of contract on the eve the Scottis

The Scottish legal system can be a mystery to English lawyers and there are plenty aspects of Scots law which are (understandably) entirely alien to our friends south of the border. One area of practice on which Scots and English lawyers can agree is the principles applicable to the interpretation o

Gareth Hale and Louise McDaid write about Briggs of Burton Plc v Doosan Babcock Limited, in which they acted for the defender. Rectification is a remedy in Scots law that enables a document which does not accurately reflect the common intention of the parties to be altered retrospectively by th

Professor Hector MacQueen marshals the evidence for “equitable adjustment” of contracts in Scots law. In Lloyds TSB Foundation for Scotland v Lloyds Banking Group plc [2013] UKSC 3, 2013 SC (UKSC) 169, Lord Hope of Craighead uttered the following obiter dictum:

Richard McMeeken details new proposals to deal with the contract law implications of the current crisis. Following a meeting on 7 April 2020 of the British Institute of International and Comparative Law attended by (among others) Lord Neuberger, Lord Phillips, Sir David Edward and Sir William Blair

An academic is inviting lawyers to complete a survey on decision-making in contract management that aims to explain the differences in this area between lawyers and other professionals. Dr Haward Soper, honorary associate professor of law at the University of Leicester, undertakes research focuses o

A solicitor who specialises in contract law expects we will soon see an increased appetite for inserting ‘virus clauses’ into future contracts as a result of the current COVID-19 crisis. Stephen Cotton, partner at Wright, Johnston & Mackenzie LLP, said: “Hindsight is a wonderfu

Agreements between businesses and individuals occur on a daily basis, but what does it take to make them legally binding? Peter Begbie explains. A written contract is a common – and often most advisable – way of legally formalising an agreement. However, it is also possible to establish

A Court of Session ruling has highlighted how technology suppliers can successfully raise claims for relief for delays caused to their work, and how the businesses engaging those suppliers might properly resist those claims, writes Clive Seddon. Agilisys Limited (Agilisys) was engaged by technology