The most common form of contract in Scottish property transactions are missives of sale, see for example, the Property Standardisation (PSG) PSG—Offers.
The contract is formed by parties (or more commonly their agents) exchanging letters of offer and acceptance which together form the missives. Typically, there may be several formal letters passing between the parties before Delivery of a final unqualified acceptance which concludes the bargain, see further: Formal requirements: Stair Memorial Encyclopaedia [7].
When missives are concluded a legally binding contract is formed. The contract can equally be effected by a sale and purchase agreement between the parties. Where one party then fails to perform the obligations, this may amount to a breach of contract which entitles the other party to a legal remedy. For further information, see: Conclusion of missives: Stair Memorial Encyclopaedia [9].
As missives are a form of contract, the standard legal remedies for