Supply of Goods and Services Act 1982

[F1 11R Powers of the court U.K.

 

(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 transferee the court may make an order requiring specific performance or, in Scotland, specific implement by the transferor of any obligation imposed on him by virtue of section 11N above.

(3) Subsection (4) applies if—

(a) the transferee requires the transferor to give effect to a remedy under section 11N or 11P above or has claims to rescind under section 11P, but

(b) the court decides that another remedy under section 11N or 11P is appropriate.

(4) The court may proceed—

(a) as if the transferee had required the transferor to give effect to the other remedy, or if the other remedy is rescission under section 11P,

(b) as if the transferee had claimed to rescind the contract under that section.

(5) If the transferee has claimed to rescind the contract the court may order that any reimbursement to the transferee 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

F1 Pt. 1B inserted (31.3.2003) by The Sale and Supply of Goods to Consumers Regulations 2002. S.I. 2002/3045, reg. 9