
Engaging with Engagement
Analysing the Formation of Promises, Contracts and Voluntary Obligations in Scots Law
Jonathan Brown(Author)
Anthem Press
Will be published approx. on 3. March 2026
Book
Hardback
150 pages
978-1-83999-651-1 (ISBN)
Description
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 urging the passing of a statute which, among other things, would abolish the so-called 'postal acceptance rule'. This short book takes the view that the proposed reforms are wrongheaded and would be deleterious to the coherence of the Scottish legal framework. To that end, it examines the taxonomy of obligations pioneered by Stair, indicates that the application of that taxonomy to situations such as the process of contracting by distance suggests that there is in fact no 'postal acceptance rule' in this jurisdiction and suggests, in light of this, that reform of 'contracts' and the formation of, in Scotland, is better left to the courts and jurists than to the Scottish Parliament (or, for that matter, Westminster).
More details
Series
Language
English
Place of publication
London
United Kingdom
Target group
Professional and scholarly
Dimensions
Height: 235 mm
Width: 157 mm
Thickness: 12 mm
Weight
353 gr
ISBN-13
978-1-83999-651-1 (9781839996511)
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Additional editions

Jonathan Brown
Engaging with Engagement
Analysing the Formation of Promises, Contracts and Voluntary Obligations in Scots Law
E-Book
03/2026
Anthem Press
€34.49
Available for download
Person
Dr. Jonathan Brown is a Lecturer in Scots Private Law at the University of Strathclyde.
Content
Contents; Table Of Cases; Table Of Legislation; Acknowledgements; Introduction: Proposals To Reform Scots Contract Law And The Oncoming Storm; Viscount Stair And The Taxonomy Of Private Law Obligations; The Postal Acceptance Rule- Profoundly Unexceptional; The Law Commissioners' Double-Bind; Conclusion- More Logic And Less Legislative Fiat; Bibliography; Index