# Contract (Formation and Remedies) (Scotland) Act 2026, Section 24: Contractual retention in proceedings

Extent: S
Status: prospective

(1) In proceedings disputing a contractual retention on the basis of section 22(4), it is for the party disputing the contractual retention to show that the contractual retention is clearly disproportionate to the breach or anticipatory breach.
(2) In proceedings for breach of contract, it is a defence for a party to show that their failure to perform an obligation constitutes contractual retention.

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Source: https://www.legislation.gov.uk/asp/2026/10/section/24 (the official version)
Page: https://openlegislation.uk/contract-formation-and-remedies-scotland-act-2026/section-24
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.