(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
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