A contract for educational services does not fall within the narrow category of contracts where damages for mental stress and vexation are recoverable under the Baltic Shipping principle. Disciplinary action taken by a school headmaster within the framework of the school community's mutual obligations does not constitute 'undue harassment or coercion' under s 60 of the Trade Practices Act 1974 (Cth), absent a plea of complete absence of bona fides amounting to malevolence. An implied term that a school provide TEE examination facilities to a Year 12 student is arguable under the BP Refinery criteria and is not necessarily inconsistent with the school's disciplinary powers.
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