Liability for personal injuries arising from recreational services: The interaction of contract, tort, State legislation and the Trade Practices Act and the resultant mess

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Abstract

Recent changes to the Trade Practices Act and to State tort law regimes have significantly altered the lawon liability arising from personal injury incurred in the course of participation in recreational services. In particular,where a service provider seeks to waive liability for negligence and breach of contract, the interaction between the TPA,the common law of contract and torts, and State legislation, has led to excessive complexity. In the context ofrecreational services, the article suggests that recent 'tort reforms' are a failure according to the criteria of consistency and simplicity.
Original languageEnglish
Pages (from-to)244-261
Number of pages18
JournalTorts Law Journal
Volume11
Issue number3
Publication statusPublished - 2003

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liability
legislation
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law of obligations
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common law
interaction
service provider
reform
participation

Cite this

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title = "Liability for personal injuries arising from recreational services: The interaction of contract, tort, State legislation and the Trade Practices Act and the resultant mess",
abstract = "Recent changes to the Trade Practices Act and to State tort law regimes have significantly altered the lawon liability arising from personal injury incurred in the course of participation in recreational services. In particular,where a service provider seeks to waive liability for negligence and breach of contract, the interaction between the TPA,the common law of contract and torts, and State legislation, has led to excessive complexity. In the context ofrecreational services, the article suggests that recent 'tort reforms' are a failure according to the criteria of consistency and simplicity.",
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AB - Recent changes to the Trade Practices Act and to State tort law regimes have significantly altered the lawon liability arising from personal injury incurred in the course of participation in recreational services. In particular,where a service provider seeks to waive liability for negligence and breach of contract, the interaction between the TPA,the common law of contract and torts, and State legislation, has led to excessive complexity. In the context ofrecreational services, the article suggests that recent 'tort reforms' are a failure according to the criteria of consistency and simplicity.

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