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Section 58 Payment into court in Scotland.

United Kingdom

F1(1)

In Scotland where a buyer has elected to accept goods which he might have rejected, and to treat a breach of contract as only giving rise to a claim for damages, he may, in an action by the seller for the price, be required, in the discretion of the court before which the action depends, to consign or pay into court the price of the goods, or part of the price, or to give other reasonable security for its due payment.

F2(2)

This section does not apply to a contract to which Chapter 2 of Part 1 of the Consumer Rights Act 2015 applies (but see the provision made about such contracts in section 27 of that Act).

Annotations

Textual amendments

F1

S. 58 renumbered as s. 58(1) (1.10.2015) by Consumer Rights Act 2015 (c. 15), s. 100(5), Sch. 1 para. 34(2); S.I. 2015/1630, art. 3(g) (with art. 6(1))

F2

S. 58(2) inserted (1.10.2015) by Consumer Rights Act 2015 (c. 15), s. 100(5), Sch. 1 para. 34(3); S.I. 2015/1630, art. 3(g) (with art. 6(1))