# Contract (Formation and Remedies) (Scotland) Act 2026, Section 26: Amendment of Law Reform (Contributory Negligence) Act 1945

Extent: S
Status: prospective

In section 5 of the Law Reform (Contributory Negligence) Act 1945—
(a) in paragraph (a), after “; and” insert “subject to paragraph (aa)”, and
(b) after paragraph (a) insert—
“(aa) without prejudice to the generality of section 1—
(i) in subsection (1) of that section the reference to a person’s “own fault” includes a reference to that person’s breach of a contract and the reference to “the fault of any other person or persons” includes a reference to a breach of a contract by that other person or those other persons; and
(ii) in each of subsections (2), (5) and (6) of that section, references to being “at fault” are to be construed accordingly;”.

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Source: https://www.legislation.gov.uk/asp/2026/10/section/26 (the official version)
Page: https://openlegislation.uk/contract-formation-and-remedies-scotland-act-2026/section-26
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.