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

Joachim Dietrich

Abstract

Recent changes to the Trade Practices Act and to State tort law regimes have significantly altered the law on 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 of recreational services, the article suggests that recent 'tort reforms' are a failure according to the criteria of consistency and simplicity.

© Copyright Reed International Books Australia Pty Limited trading as LexisNexis, 2003