Using the same example above, if Party B has not paid the agreed upon amount for the vehicle because Party A has failed to deliver the vehicle, then Party A cannot exercise any right or pursue any remedy as a consequence of Party B’s failure. 15 ‘Forster v Ferguson & Forster, Macfie & Alexander’ 2010 SLT 867 and ‘McNeill v Aberdeen City Council’ (No 2) 2014 SC 335. 9 This document relates to the Contract (Formation and Remedies) (Scotland) Bill (SP Bill 76) as introduced in the Scottish Parliament on 2 October 2025 Consultation 41.