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Contract Law Principles in Scotland: Advice for Millie Sirius

The Learning Outcomes for this assessment are:

L1. Demonstrate, through providing advice to a hypothetical client, knowledge of the general concepts, principles, and rules of contract law in Scotland

L2. Identify and use primary and secondary legal sources to analyse problems in terms of legal concepts, apply legal principles to propose solutions, and to convey complex ideas in a well-structured and coherent written form

L3. Use industry standard electronic databases to source legislation and case authority

Problem:

Millie Sirius is a 17-year-old actress and singer from Renfrew who has achieved international success and stardom. She has topped the billboard charts in the UK and the USA and has appeared in 2019’s highest grossing movie as a teenage witch, with a sequel scheduled for release in 2021.

She decided to have a wild night out with her friends who are already 18 in Scotland to celebrate her 18th birthday on Saturday 20th July 2019. They met on Friday 19th July at 7pm at the cocktail bar in Gleneagles Hotel after Millie had finished doing some press interviews for her latest film. During dinner, they proceeded to empty the wine cellar of its most valuable bottles of wine, some being one-off heirlooms that were irreplaceable. They also continued their revelry through the night, booking out 5 of the whisky suites and access to the Hotel’s helicopter. Their overall bill for one night totalled £500,000. 

Millie has ignored the bill. She thinks she must have been so drunk after the first bottle of house wine (at £35 a bottle) that she had with dinner, that she doesn’t remember ordering the other bottles or more than one suite. However, at 3 o’clock in the morning she live-streamed on twitter a video of her singing one of her latest tracks, pitch perfect with perfect choreography.

Answer
Sure! As a hypothetical client seeking advice on contract law in Scotland, here are some general concepts, principles, and rules to keep in mind:
Offer and Acceptance: In Scotland, a contract is formed when there is a valid offer made by one party and accepted by another. The offer must be clear, definite, and communicated to the other party. The acceptance must be unconditional and communicated to the offeror. Example Advice: If you wish to enter into a contract, ensure that your offer is clear and specific, and that you clearly communicate your acceptance of any offer you receive.
Intention to Create Legal Relations: For a contract to be legally binding, both parties must intend to create legal relations. Social or domestic agreements are generally presumed not to have this intention, while commercial agreements are presumed to have it. Example Advice: If you intend to create a legally binding contract, make sure that the other party also shares this intention, especially in commercial or business dealings.
Consideration: Consideration refers to something of value, such as money, goods, or services, that is exchanged between the parties as part of the contract. Each party must give something of value to the other to create a valid contract.Example Advice: Ensure that there is a clear exchange of consideration between you and the other party when entering into a contract. It can be money, goods, services, or something else of value.

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