Contract (Scotland) Act 1997

Changes to legislation: There are currently no known outstanding effects

for the Contract (Scotland) Act 1997. (See end of Document for details)

1997 CHAPTER 34

An Act to reform the law of Scotland relating to the admissibility of extrinsic evidence

to prove an additional term of a contract or unilateral voluntary obligation, to the

supersession of a contract by a deed executed in implement of it and to the obtaining of

damages for breach of contract of sale; and for connected purposes. [21st March 1997]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the

Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the

authority of the same, as follows:—

1 Extrinsic evidence of additional contract term etc.

(1) Where a document appears (or two or more documents appear) to comprise all the

express terms of a contract or unilateral voluntary obligation, it shall be presumed,

unless the contrary is proved, that the document does (or the documents do) comprise

all the express terms of the contract or unilateral voluntary obligation.

(2) Extrinsic oral or documentary evidence shall be admissible to prove, for the purposes

of subsection (1) above, that the contract or unilateral voluntary obligation includes

additional express terms (whether or not written terms).

(3) Notwithstanding the foregoing provisions of this section, where one of the terms in

the document (or in the documents) is to the effect that the document does (or the

documents do) comprise all the express terms of the contract or unilateral voluntary

obligation, that term shall be conclusive in the matter.

(4) This section is without prejudice to any enactment which makes provision as respects

the constitution, or formalities of execution, of a contract or unilateral voluntary

obligation.

2 Supersession.

(1) Where a deed is executed in implement, or purportedly in implement, of a contract,

an unimplemented, or otherwise unfulfilled, term of the contract shall not be taken

Contract (Scotland) Act 1997 (c. 34)

Document Generated: 2024-05-08

Changes to legislation: There are currently no known outstanding effects

for the Contract (Scotland) Act 1997. (See end of Document for details)

to be superseded by virtue only of that execution or of the delivery and acceptance

of the deed.

(2) Subsection (1) above is without prejudice to any agreement which the parties to a

contract may reach (whether or not an agreement incorporated into the contract) as to

supersession of the contract.

3 Damages for breach of contract of sale.

Any rule of law which precludes the buyer in a contract of sale of property from

obtaining damages for breach of that contract by the seller unless the buyer rejects the

property and rescinds the contract shall cease to have effect.

4 Short title, extent etc.

(1) This Act may be cited as the Contract (Scotland) Act 1997.

(2) This Act shall come into force at the end of that period of three months which begins

with the day on which the Act is passed.

(3) Section 1 of this Act applies only for the purposes of proceedings commenced on or

after, and sections 2 and 3 only as respects contracts entered into on or after, the date

on which this Act comes into force.

(4) This Act extends to Scotland only.

Contract (Scotland) Act 1997 (c. 34)

Document Generated: 2024-05-08

Changes to legislation:

There are currently no known outstanding effects for the Contract (Scotland) Act 1997.