# Contract (Formation and Remedies) (Scotland) Act 2026, Section 3: Formation of contract by unnotified acts

Extent: S
Status: prospective

(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).

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Source: https://www.legislation.gov.uk/asp/2026/10/section/3 (the official version)
Page: https://openlegislation.uk/contract-formation-and-remedies-scotland-act-2026/section-3
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.