Avizandum Legislation on the Scots Law of Obligations

Synopsis

This volume for students on Scottish LLB law of obligations courses takes a unitary approach to this difficult and fragmented subject. It contains a wide-ranging selection of materials, including statutes, statutory instruments and codes, relating to contract, delict and unjustified enrichment, together with provisions that affect the general law on civil liability. New material for this edition includes the Apologies (Scotland) Act 2016, the Defamation and Malicious Publication (Scotland) Act 2021 and the UK Withdrawal from the European Union (Continuity) (Scotland) Act 2021.

Summary

Chapter 1: Introduction

* Overview of the Scots Law of Obligations, its sources, and its principles.
* Real Example: A contract for the sale of a house.

Chapter 2: Formation of Contract

* Elements of a valid contract: offer, acceptance, and consideration.
* Real Example: A written purchase order for goods.

Chapter 3: Capacity and Consent

* Capacity to enter into contracts, including minors and those with mental disabilities.
* Consent and its vitiating factors, such as fraud, misrepresentation, and duress.
* Real Example: A contract entered into by a minor without parental consent.

Chapter 4: Performance of Contract

* Obligations of parties under a contract, including delivery of goods, payment of money, and rendering of services.
* Real Example: A contract for the construction of a building.

Chapter 5: Breach of Contract

* Consequences of breach of contract, including damages and specific performance.
* Real Example: A breach of contract by a supplier who fails to deliver goods on time.

Chapter 6: Discharge of Contract

* Methods of discharging a contract, such as performance, agreement, frustration, and rescission.
* Real Example: A contract terminated by mutual agreement of the parties.

Chapter 7: Remedies for Breach of Contract

* Legal remedies available to parties who have suffered a breach of contract.
* Real Example: An action for damages for breach of contract.

Chapter 8: Unjust Enrichment

* Principles of unjust enrichment and their application to the law of obligations.
* Real Example: A claim for restitution of money paid under a mistaken belief.

Chapter 9: Agency

* The law governing agents and their powers to act on behalf of others.
* Real Example: An agent negotiating a contract for the sale of a property.

Chapter 10: Assignment and Delegation

* Transfer of contractual rights and obligations to third parties.
* Real Example: The assignment of a contract for the supply of goods.

Chapter 11: Extinction of Obligations

* Extinction of obligations by prescription (lapse of time) and other methods.
* Real Example: A debt that becomes unenforceable after five years.