Engaging with Engagement: Analysing the Formation of Promises, Contracts and Voluntary Obligations in Scots Law

Scotland does not have a ‘law of contract’, as most comparable jurisdictions do, but rather – due in large part to the intellectual innovations of Viscount Stair – possesses a unitary ‘law of voluntary obligations’, of which contracts form but a part. This fact is highly significant, but is frequently overlooked. Indeed, the significance of this has even been overlooked by the Scottish Law Commission, who have recently proposed to significantly reform the ‘law of contract’ in Scotland by ur...