In this article it is argued that Scottish contract theory retains distinctive features which are not shared with the … Common Law. The origins of this theory lie in the ‘mixed' nature of its contract law, a mixture established principally … existence of a separate obligation of unilateral promise. It is argued that the nature of Scottish contract theory lends itself …

constitutes an independent tort. Increasingly, courts and commentators have relied on the theory of “efficient breach” to explain ….Efficiency also supports extending liability for punitive damages to those breaches that are, in theory, “efficient.” The threat of …