Contract (Formation and Remedies) (Scotland) Bill: equality impact assessment

Background

Many contracts are made, carried through, and become the subject of disputes between parties who have no professional assistance. The Scots law of contract has largely developed as a matter of common law which limits the law’s accessibility to those without legal training. It is therefore important economically and socially that the contract law regime in Scotland is fit for 21^st century conditions. The Bill restates and reforms aspects of the law of formation of contract and aspects of the law of remedies for breach of contract. The overall policy aim is to produce rules that are clear, certain and accessible.

Part 1 of the Bill comprises a comprehensive statement of the law on formation of contract, including a number of specific reforms. In a number of areas the law of formation of contract is uncertain because there is no direct Scottish authority in point. A comprehensive statutory scheme ensures there are authoritative answers and improves the law’s accessibility to all types of users, within and without the legal profession by bringing as much as possible of the law of formation of contract into one place.

Part 2 of the Bill contains provisions which reform the law of remedies in distinct areas: mutuality; restitution after rescission; and, contributory negligence.

Part 3 of the Bill contains some general provisions.