Title

Uncertainty, unfairness and complexity in the context of recreational activities

Date of this Version

1-1-2013

Document Type

Journal Article

Publication Details

Citation only

Dietrich, J. (2013). Uncertainty, unfairness and complexity in the context of recreational activities. Precedent, 117, 53-57.

Access the journal

2013 HERDC Submission. FoR code: 180126; 180105

© Copyright, Australian Lawyers Alliance, 2013

ISSN

1449-7719

Abstract

EXTRACT

The law governing liability arising from personal injuries occurring in the course of recreational activities is exceedingly complex.1 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 20W (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 FairTrading Acts or the CLAs.

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This document has been peer reviewed.