(a)Explain how a contract is formed under Scots Law.

(b)In the construction of a contract, explain what is meant by express terms and implied terms.

(b)Emily goes to a local hotel for an Elemis facial after she received a voucher for the hotel spa from her friends to celebrate her birthday.When she arrives at the hotel she exchanges her voucher for a ticket that she is told she should show to the beautician in order to receive her treatment.Emily does this and enjoys a lovely relaxing hour having her facial.However, when the treatment is over and Emily is getting up from the treatment couch she slips on some Elemis Rehydrating Ginseng Toner that the beautician has absent-mindedly spilled on the floor.Emily falls and four of her teeth are knocked out.She writes a letter of complaint to the manager of the spa who refers her to the ticket she received when she arrived at the spa. A term printed on the back of the ticket read that the spa is excluded from liability to patrons' injuries suffered while using their facilities.Emily had not thought to read anything on the ticket as she assumed it was simply a token to receive her treatment.When she tells this to the spa manager he also informs her that a notice inside the treatment room also highlighted the same clause.

Supporting your answer with legal reasoning, advise Emily on the two parties' positions.