Consumer protection, recreational activities and personal injury compensation: Inconsistency in need of reform

Research output: Chapter in Book/Report/Conference proceedingChapterResearchpeer-review

Abstract

Participation in sport and recreation is one of the most significant causes
of personal injury in Australia, including many injuries of a serious nature.
The relevant liability rules pursuant to contract, tort and statute therefore
constitute a practically important area of law. Despite their importance,
however, those rules are not uniform. They are also in parts complex and
uncertain. This chapter highlights some of the key difficulties and suggests
areas that are in need of reform.
This chapter is mainly concerned with injuries resulting from activities
undertaken pursuant to a contract for recreational services (e.g. a paidfor
activity such as trampolining). A person negligently injured in the
course of the performance of a services contract may sue the defendant
supplier of the services for failure to comply with statutory guarantees
imposed by the Australian Consumer Law (ACL), among other possible claims in contract or negligence. In the absence of a contract, an injured
party may proceed only in negligence, against possible defendants such as
supervisors of activities, occupiers of premises, etc. Different legal rules
may apply accordingly.
Original languageEnglish
Title of host publicationNew Directions For Law in Australia
Subtitle of host publicationEssays in Contemporary Law Reform
EditorsRon Levy, Molly O'Brien, Simon Rice, Pauline Ridge, Margaret Thornton
Place of PublicationCanberra
PublisherAustralian National University
Pages291-299
Number of pages9
ISBN (Electronic)9781760461423
ISBN (Print)9781760461416
DOIs
Publication statusPublished - 22 Sep 2017

    Fingerprint

Cite this

Dietrich, J. (2017). Consumer protection, recreational activities and personal injury compensation: Inconsistency in need of reform. In R. Levy, M. O'Brien, S. Rice, P. Ridge, & M. Thornton (Eds.), New Directions For Law in Australia: Essays in Contemporary Law Reform (pp. 291-299). [26] Canberra : Australian National University. https://doi.org/http://press-files.anu.edu.au/downloads/press/n2641/pdf/ch26.pdf