Scottish contract law regulates every legal agreement in Scotland. A contract is an agreement between two or more parties which creates or intends to create legally binding obligations between the parties to it. Scottish contract law therefore everything from commercial construction agreements, buying a Mars bar at the local newsagent, and everything in between. It is a huge area of the law and as such can often be difficult to navigate for some.
Contracts are regulated by both the terms contained within and various pieces of legislation such as the Contract (Scotland) Act 1997. The law surrounding contracts in Scotland has three main functions. The first function is to create a legal relationship between individuals and/or companies that have arrangements with each other. The second is to allow obligations of either party to be enforced by a party whom is having the obligations against them breached. Slightly differently, contract law is important in regulating the freedom of contract. This means that sometimes the external law alters the terms of the contract if there is legal provision. For example, laws around employment, consumer sales and fraud can mean that contractual terms are treated as non-binding.
Disputes around contract terms can arise easily. There can be disagreements as to what a term means or what obligations are intended and there can be disagreements as to whether a term is fair. Contracts can lead to contentious litigation, and the contract itself may regulate the steps which have to be taken in the event of a dispute. With Jones Whyte on your side, you can be sure that you have a firm of solicitors with your best interests at heart and who are more than capable of understanding your legal position.
Often disputes can be highly emotional events and our solicitors will help to separate the emotions from the legal facts and guide you towards the most successful resolution. We have the knowledge and experience to guide you through any contractual disputes within the Scottish legal framework.
We are experts in distinguishing what is permissible by law and so can advise you on various elements relating to your rights as an individual, the legality of any contract and also advise as to whether a party is in breach of a lawful agreement.
As legal advisors, we are also able to help you to ensure that you are properly protected and understand your entitlements and obligations under a contract before you enter in to it. However, if you need assistance in a dispute that has already arisen, our expert solicitors are ready and waiting to help you.
can arise between any legally recognised persons, such as individuals, including sole traders and partnerships, companies, or charities. Whatever side of the dispute you are on, we have the expertise necessary to ensure that you get the outcome you need. The dedicated solicitors at Jones Whyte understand the legal framework around contract law and how to use it.
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