Commonwealth Numbered Acts

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TRADE PRACTICES ACT 1974 No. 51, 1974 - SECT 73

Liability for loss or damage from breach of certain contracts.
73. Where-

(a) a corporation (in this section referred to as the "owner") enters into a
contract for the supply by way of lease, hire or hire-purchase of goods to a

   (b)  antecedent negotiations in relation to the contract were conducted
        with the consumer by or on behalf of another corporation that is not
        related to the owner;

   (c)  the other corporation supplied the goods, or caused the goods to be
        supplied, to the owner;

   (d)  the owner did not take physical possession of the goods before they
        were delivered to the consumer; and

   (e)  the consumer suffers loss or damage as a result of a breach of a
        condition that is implied in the contract by virtue of section 70, 71
        or 72, the owner is not under any liability to the consumer by reason
        of the breach of that condition but the consumer may recover the
        amount of the loss or damage by action in a court of competent
        jurisdiction against the other corporation. 

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