Section 3 Formation of contract by unnotified actsI1

Scotland Not yet in force

(1)

Subsection (2) applies, in relation to the formation of a contract, where—

(a)

an offer provides expressly or impliedly,

(b)

the parties to the prospective contract have established a practice between or among themselves to the effect, or

(c)

there is a usage common to those parties to the effect,

that the performance of certain acts by the offeree forms the contract, even without notification of performance or of acceptance to the offeror.

(2)

The contract is formed on the offeree’s beginning to perform the acts in question.

(3)

Subsections (1) and (2) are subject to section 11 (1)(b).

Annotations