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A History of Private Law in Scotland: Volume 2: Obligations$
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Kenneth Reid and Reinhard Zimmermann

Print publication date: 2000

Print ISBN-13: 9780198299288

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780198299288.001.0001

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Formation of Contract

Formation of Contract

Chapter:
(p.1) 1 Formation of Contract
Source:
A History of Private Law in Scotland: Volume 2: Obligations
Author(s):

GERHARD LUBBE

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198299288.003.0001

This chapter discusses Stair’s treatment of law of obligations and assesses the importance of the subsequent developments of Stair’s views on the formation of contract. It also aims to identify the impulses and influences acting on Stair’s view of Scots law, the law of contract, and the law of obligation. It examines the emergence of the contract before the introduction of the concept and notion of the contract in the literature of Stair. The chapter also discusses the classifications of contracts and the considerations and cause of the formation of the contract. The latter sections of the chapter focus on the development of the formation of contract from pre-Stair to the growth of modern law.

Keywords:   Stair, law of obligations, formation of contract, contract, obligation, Scots law

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