Putting the 'Personal' back into injury: An interpretation of Pt 3-5 of the ACL
Guihot, Michael (2014) Putting the 'Personal' back into injury: An interpretation of Pt 3-5 of the ACL. Competition and Consumer Law Journal, 21(3), pp. 232-247.
There is an ongoing debate in relation to Part 3-5 of the ACL, particularly over its use in relation to other civil liability remedies. This article looks more closely at ss 138 and 139. It argues that, because of a possible design flaw in the statutory construction of s 138, it can be interpreted much more broadly than it has been to date. Also, the paper discusses the effect on an interpretation of s 139 ACL of both the High Court’s decision in Marks v GIO Australia Holdings Ltd, and a small but significant amendment to s 139 when the ACL was enacted. It argues that s 139 can now be interpreted broadly to include claims not just for loss of financial support or services but for all loss or damage or injury caused.
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|Item Type:||Journal Article|
|Keywords:||Injries, Australian Consumer Law, Liability of Manufacturers for Goods with Safety Defects|
|Subjects:||Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100)
Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Commercial and Contract Law (180105)
|Divisions:||Current > QUT Faculties and Divisions > Faculty of Law|
|Copyright Owner:||Copyright 2014 LexiNexis Butterworths|
|Deposited On:||21 May 2015 23:04|
|Last Modified:||26 May 2015 02:29|
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