QUESTION 1 EITHER: A. When deciding whether a defendant owes a duty of care, does the...

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QUESTION 1 EITHER: A. When deciding whether a defendant owes a duty of care, does the tort of negligence currently treat public bodies in the same way that it treats private citizens? Should it? Consider in your answer the decision of the High Court in Stuart v Tania Kirkland-Veenstra [2009] HCA 15. OR: (50 marks) B. 'Tort law is possibly the worst system of accident compensation ever devised. Except, that is, for all of the alternatives.' Discuss. (50 marks) QUESTION 1 EITHER: A. When deciding whether a defendant owes a duty of care, does the tort of negligence currently treat public bodies in the same way that it treats private citizens? Should it? Consider in your answer the decision of the High Court in Stuart v Tania Kirkland-Veenstra [2009] HCA 15. OR: (50 marks) B. 'Tort law is possibly the worst system of accident compensation ever devised. Except, that is, for all of the alternatives.' Discuss. (50 marks)

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In addressing the question of whether the tort of negligence treats public bodies in the same manner as private citizens it is essential to consider t... View the full answer