Scots Law historically, and indeed more recently, has recognized that people generally have the freedom to enter into contracts. However there are some groups who for their own protection and to prevent them from being exploited have some restrictions placed on their capacity to enter into contracts. With reference to both Statute and Common Law discuss who might fall into these groups and the restrictions and legal provisions that apply to them.

It is important to understand that the law allows people to do various things like signing any kind of legal contract with each other. It means that any person having a legal age to sign a contract can work with others and make a contract for their business or any other thing; however, it is important to realize that two or more than two persons are not allowed to make any contract, which is illegal in the course of law. For instance, if person A wants to kill person B, but can’t do it by himself, so he may look to hire a killer and make a contract with him to kill person B. It may sound good for them, but under the law, they cannot make such contract, because killing someone is already an illegal act. It is just an example to understand that contracts can only be made with things or tasks, which are deemed legal as per the law. It has been observed that Scots Law has given good enough freedom to people for making any contracts with each other. But still, the law cannot leave an open ground to play, because there are always some sections/groups of society, who may not be given the freedom to enter into contracts.

               Keeping this fact in view, it is important to analyze Scots Law especially contract law to identify the group of people, who cannot sign a contract independently. Before specifically analyzing the contract law, it is important to analyze what kind of options are given to people living in Scotland in terms of their age. It will very much determine the groups, who can or cannot do certain things. As per the government, if a person has reached 16 years of age, he/she is allowed to buy wine or beer, but only in a condition, when they are having a meal at any restaurant, which means that one cannot do it before the age of 16 years. The real age to buy and use beer with full permission is 18 years. If a person has 16 years of age, he/she is allowed to make a civil partnership. Moreover, a person is allowed to make a legally binding contract with others, if age is 16 years old. So, here is one section, which suggests that who can enter into a legal contract (Scottish Government, 2009)

               The above discussion suggested that people under the age of 16 years cannot sign a legal contract, and such a contract will be considered void. So, age is an important factor with regard to making contracts. Other important groups, who cannot sign contracts with freedom, and Scottish law has prevented such people are individuals any kind of incapacity. For instance, if a person is having any kind of mental disorder, or he/she has not able to communicate due to any illness or physical problem, then such individuals are not allowed to take any legal contracts. To protect the rights of such vulnerable groups in Scotland, a law was passed with the title “The Adults with Incapacity (Scotland) Act 2000”. This act helps individuals with the above-mentioned incapacities as they may not be able to make decisions or who lack in having a real perspective of a situation. For instance, if a person is mentally ill, he/she cannot differentiate what is good or bad for him. So, such individuals are protected by Scottish law. The government has made a commission named “The Mental Welfare Commission”, which is the relevant entity to help and protect people with mental disorders (gov.scot, 2000)