Contract (Formation and Remedies) (Scotland) Bill: business and regulatory impact assessment

Summary and recommendation

Dismiss Option 1

94. This option would preserve the status quo and introduce no new legislation. It would not produce the benefits offered by Option 2. The result would be that the law which is no longer up to date with practice (for example, the postal acceptance rule), uncertainties and lack of clarity stemming from the current common law position would continue.

Recommend Option 2

95. Option 2 is being recommended as it would bring increased clarity, certainty and modernisation of the law for the reasons outlined above.