PART 1Consumer contracts for goods, digital content and services

CHAPTER 2Goods

Other rules about remedies under goods contracts

I127Consignation, or payment into court, in Scotland

1

Subsection (2) applies where—

a

a consumer has not rejected goods which the consumer could have rejected for breach of a term mentioned in section 19(3) or (6),

b

the consumer has chosen to treat the breach as giving rise only to a claim for damages or to a right to rely on the breach against a claim by the trader for the price of the goods, and

c

the trader has begun proceedings in court to recover the price or has brought a counter-claim for the price.

2

The court may require the consumer—

a

to consign, or pay into court, the price of the goods, or part of the price, or

b

to provide some other reasonable security for payment of the price.