Textual Amendments
F1Pt. 5A (ss. 48A-48F) inserted (31.3.2003) by S.I. 2002/3045, reg. 5
(1)In any proceedings in which a remedy is sought by virtue of this Part the court, in addition to any other power it has, may act under this section.
(2)On the application of the buyer the court may make an order requiring specific performance or, in Scotland, specific implement by the seller of any obligation imposed on him by virtue of section 48B above.
(3)Subsection (4) applies if—
(a)the buyer requires the seller to give effect to a remedy under section 48B or 48C above or has claims to rescind under section 48C, but
(b)the court decides that another remedy under section 48B or 48C is appropriate.
(4)The court may proceed—
(a)as if the buyer had required the seller to give effect to the other remedy, or if the other remedy is rescission under section 48C
(b)as if the buyer had claimed to rescind the contract under that section.
(5)If the buyer has claimed to rescind the contract the court may order that any reimbursement to the buyer is reduced to take account of the use he has had of the goods since they were delivered to him.
(6)The court may make an order under this section unconditionally or on such terms and conditions as to damages, payment of the price and otherwise as it thinks just.]
Textual Amendments
F2Pt. 5A (ss. 48A-48F) inserted (31.3.2003) by S.I. 2002/3045, reg. 5