Execution—Scotland

Acknowledging the importance of Scots law to our customers we have developed a set of execution content for Scottish practitioners. The content provides a resource for Scottish practitioners while the guidance about the differences between the law of contract under Scots law and English law will assist practitioners in England and Wales in cross-border transactions where it is necessary to have an understanding of contract law in Scotland.

Scots contract law has in many ways become similar to its English counterpart despite their different roots. Some English law concepts, such as undue influence and anticipatory breach, have been incorporated into Scots contract law and some leading authorities are the same in both systems. However, there are some key differences of which it is important to be aware. For further information see, Practice Note: Key differences in the law of contract between Scots and English law.

Under Scots law it is possible for a contract to exist without being set out in writing although, for certain types of contracts, setting the terms out in writing will be essential. The requirements in relation to this are set down in the