Uncertainty, unfairness and complexity in the context of recreational activities

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Abstract

The law governing liability arising from personal injuries occurring in the course of recreational activities is exceedingly complex. One of the complexities is that statutory guarantees that services be provided with due care and skill under the Australian Consumer Law (ACL) can be excluded via s139A Competition and Consumer Act 2010 (Cth) (CCA), limited in its application to Commonwealth jurisdiction. Importantly, therefore, the exclusion provision is not contained in the ACL itself, nor are there equivalent provisions in the State Fair Trading Acts or the CLAs.
Original languageEnglish
Pages (from-to)53-57
Number of pages5
JournalPrecedent
Volume2013
Issue number117
Publication statusPublished - 2013

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