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What's the Trade Practices Act got to do with it? Section 74 and towage contracts in Australia
Journal article   Open access   Peer reviewed

What's the Trade Practices Act got to do with it? Section 74 and towage contracts in Australia

K. Lewins
E-law Journal, Vol.13(1), pp.58-76
2006
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Open Access

Abstract

The towage industry plays an integral part in shipping movements through Australian ports. Usually the ship gets no choice of towage operator, nor usually any opportunity to negotiate the terms of the tow. This article examines the extent to which contracts for towage in Australia might be affected by s74 Trade Practices Act, which imposes an obligation to exercise due care and skill in the provision of services to consumers. If towage contracts are subject to s74, there are some steps that towage operators can take to minimise their contractual exposure.

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