Contract Law in Scotland provides a comprehensive introduction to the principles of the Scots law of contract and provides the reader with a clear analysis of this difficult area of the law. This practical text: - Illustrates the different types of contractual situations and examines the formation, performance and enforcement of contracts - Includes examples of typical contract clauses and treats remedies in detail - Is set in a comparative context and discusses the problems of cross-border and international contracts; - Explains the underlying principles of contract law - Is written in a clear, well-structured style and uses diagrams to illustrate complex situations The Sixth Edition is updated throughout and includes: - A rewrite of content on illegality providing the most important recent examples of specific instances of illegal contracts by statute or at common law - A rewrite of content on assignation in the light of Part 1 of the Moveable Transactions (Scotland) Bill/Act - The impact of the Covid pandemic on the law of contracts

Contract Law in Scotland provides a comprehensive and coherent introduction to the principles of the Scots law of contract and provides the reader with a clear analysis of this difficult area of the law. This practical text: Illustrates the different types of contractual situations and examines the formation, performance and enforcement of contracts; Includes examples of typical contract clauses and treats remedies in detail; Is set in a comparative context and discusses the problems of cross-border and international contracts; Explains the underlying principles of contract law;Is written in a clear, well structured style and uses diagrams to illustrate complex situations.Contents: 1 Introduction; 2 Creation of voluntary obligations: contract, promise and third party rights; 3 Contents, effects and performance; 4 Getting out of the contract; 5 Breach of contract and self-help remedies; 6 Breach of contract and judicial remedies; 7 Illegal contracts and judicial control of unfair contract terms. Contract Law in Scotland is an indispensable text for all students of contract law, and is a practical reference source for legal practitioners

Provides a comprehensive introduction to the principles of the Scots law of contract and provides the reader with a clear analysis of this difficult area of the law. This practical text: - Illustrates the different types of contractual situations and examines the formation, performance and enforcement of contracts; - Includes examples of typical contract clauses and treats remedies in detail; - Is set in a comparative context and discusses the problems of cross-border and international contracts; - Explains the underlying principles of contract law; - Is written in a clear, well structured style and uses diagrams to illustrate complex situations. The fifth edition covers key Supreme Court cases including Cavendish Square Holding BV v Tala El Makdessi and ParkingEye Limited v Beavis regarding penalty clauses. It also includes a new chapter on capacity to make a contract ie 'Who can make a Contract?'

Provides a comprehensive introduction to the principles of the Scots law of contract and provides the reader with a clear analysis of this difficult area of the law. This practical text: - Illustrates the different types of contractual situations and examines the formation, performance and enforcement of contracts; - Includes examples of typical contract clauses and treats remedies in detail; - Is set in a comparative context and discusses the problems of cross-border and international contracts; - Explains the underlying principles of contract law; - Is written in a clear, well structured style and uses diagrams to illustrate complex situations. The fifth edition covers key Supreme Court cases including Cavendish Square Holding BV v Tala El Makdessi and ParkingEye Limited v Beavis regarding penalty clauses. It also includes a new chapter on capacity to make a contract ie 'Who can make a Contract?'

Thomson's Delictual Liability is the leading text on this complex area of law providing both students and practitioners with an indispensable guide to the Scots law of delict. Gordon Cameron LL.B. (Hons); M.Sc. has skilfully updated the sixth edition of this text throughout, taking account of the Defamation and Malicious Publication (Scotland) Act 2021 and major revisions in the areas of: - Negligence - Privacy - Public authorities - Nuisance - Vicarious liability - Defamation Introduction Part I Intentional Delicts 1 Intentional wrongs in respect of persons and property 2 The economic wrongs and fraud Part II Unintentional Delict – General Principles of Liability 3 The duty of care 4 Duty of care as a threshold device 5 Breach of a duty of care 6 Causation and related issues Part III Delictual Liability in Specific and Economic Contexts 7 Professional liability 8 Product liability 9 Delictual liability for animals 10 Delictual liability arising from ownership or occupation of property 11 Breach of statutory duty and public law issues 12 Employers' liability and vicarious liability 13 Delict and the family 14 Delict and road traffic 15 Defamation and Malicious Publication Part IV Damages 16 Damages

Bringing together leading commercial and contract law scholars from the United Kingdom and United States, Comparative Contract Law: British and American Perspectives offers an insightful and comprehensive assessment of the commonalities and divergences in the contract law of these two jurisdictions. Approaching the subject area from a variety of perspectives - doctrinal analysis, behavioral analysis, law and economics, and theoretical - the book examines familiar areas of contract law as practiced in the UK and US. Topics include contract theory and structure; contract formation and defects of consent; policing contracts and the duty of good faith; contract interpretation; damages; speciality contracts; and legal reform. The volume provides a thorough assessment of the current state of commercial contract law in the UK and US, and addresses the strengths and weaknesses of the national and European approaches to many issues of contract law. In particular it focuses on how commercial contract law should be improved, and whether harmonization of the different contract law regimes is a suitable, and appropriate, solution.

This report, further to a Discussion Paper on Formation of Contract published in March 2012 (ISBN 9780108882630) undertaken as part of the Eighth Programme of Law Reform, looks at the specific difficulties of "execution in counterpart". The phrase describes the process by which parties to a formal document intended to have effect (e.g. as a contract) may be able to apply their respective signatures to it (execution) to make it binding without having to meet to do so or, indeed, having all to sign the same physical copy of the document. The main recommendations are: a document may be validly executed under Scots law by parties subscribing a counterpart of the document remotely from each other and then each delivering their subscribed counterpart to the other parties; delivery may be to a person nominated for the purpose rather than to the other parties; delivery of a traditional document may be effected by electronic means; a document takes effect either when each and every party has subscribed and delivered its counterpart, or at such later date as parties may agree; where all parties sign their counterpart in self-proving form, the document as a whole is self-proving; if desired, a "registration copy" of a document may be compiled by making up a single version which includes the signing pages from each of the counterparts; the reforms will not affect any document executed before they come into statutory force

A course on the Scottish legal system is a compulsory part of undergraduate degrees in Scots Law. The Scottish Legal System sets out to present the 'legal system and law of Scotland as a unique and constantly changing human enterprise' and places the Scottish legal system in its broader political and social contexts. This is achieved by covering not only the central aspects of the system, such as the courts and the legal profession, but also the border areas with constitutional law and jurisprudence. This new sixth edition includes new case law on devolution and human rights issues in Scotland. This well established text provides an up-to-date treatment of all significant developments affecting the Scottish legal system.

This volume tests the claim that, as combinations of Civil and Common Law influences, the mixed systems of contract law in Scotland and South Africa have anticipated the content of the Principles of European Contract Law (PECL) concluded and published in 2003 by the unofficial Commission on European Contract Law. Going further, it rigorously explores what the implications of a Europe-wide contract law would be. The current official moves towards a European contract law within the European Union make the critiques of PECL in this volume especially urgent and significant. With a European contract law nearer to reality than ever before, mere policy critiques are no longer enough. This book provides the essential technical and substantive assessments of PECL from the perspective of Scots and South African contract lawyers, and is offered to the European debate without prejudice as to the deeper policy questions. At the same time, this volume will inform Scots and South African lawyers about the substance of international developments in the field, and suggest ways to develop their still vigorous and vital national laws to remain in step with the needs of the present day.

The recent financial crisis has questioned whether existing contracts may be adapted, terminated or renegotiated as a result of unexpected circumstances. The question is not a new one. In medieval times the notion of clausula rebus sic stantibus was developed to cope with such situations, and Germany introduced the theory of Wegfall der Geschäftsgrundlage. In England, the Coronation cases provided one possible answer. This comparative study explores the possibility of classifying jurisdictions as 'open' or 'closed' in this regard.