General 25 15 Interpretation of Part 1 (1) In this Part (except where the context otherwise requires)— “acceptance” is to be construed in accordance with section 7, “counter-offer” is to be construed by reference to section 8(2), “offer” is to be construed in accordance with section 4 (and includes a 30 counter-offer), “offeree” means a person to whom an offer is made, and “offeror” means a person who makes an offer. (2) In this Part (except where the context otherwise requires), a reference to a “postal service” is to be construed in accordance with the definition of “postal services” in 35 section 27(1) of the Postal Services Act 2011. (3) In this Part, any reference to the taking effect of a notification is to be construed in accordance with section 13. 7 Contract (Formation and Remedies) (Scotland) Bill Part 2—Remedies for Breach of Contract P ART 2 R EMEDIES FOR B REACH OF C ONTRACT Autonomy of parties 16 Autonomy of parties: application of sections 17 to 21 and of the Law Reform 5 (Contributory Negligence) Act 1945 (1) Sections 17 to 21 apply in relation to any breach of contract— (a) except in so far as the parties to the contract have agreed otherwise, and (b) except that if the contract includes any term which the parties intend should continue to have effect even after the contract is rescinded, those sections are 10 without prejudice to that term. 1 (1A) Sections 21A to 21C apply in relation to any breach of contract, or anticipatory breach of contract, except in so far as the parties to the contract have agreed otherwise. (2) The parties to a contract may agree that the Law Reform (Contributory Negligence) Act 1945 is to be disregarded in determining any question as to reducing, by virtue of a 15 breach of the contract by a party, any damages recoverable from the other party. (3) An agreement of the kind referred to in subsections (1) to (2) may be express or implied.