Commonwealth Consolidated Acts

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TRADE PRACTICES ACT 1974 - SECT 75AE

Liability for defective goods causing injuries--loss by person other than injured individual

             (1)  If:

                     (a)  a corporation, in trade or commerce, supplies goods manufactured by it; and

                     (b)  they have a defect; and

                     (c)  because of the defect, an individual suffers injuries; and

                     (d)  a person, other than the individual, suffers loss because of:

                              (i)  the injuries; or

                             (ii)  if the individual dies because of the injuries--the individual's death; and

                     (e)  the loss does not come about because of a business relationship between the person and the individual;

then:

                      (f)  the corporation is liable to compensate the person for the amount of the person's loss; and

                     (g)  the person may recover that amount by action against the corporation.

             (2)  For the purposes of this section:

                     (a)  a profession is taken to be a business; and

                     (b)  a relationship between employer and employee or a similar relationship is a business relationship.



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