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Tort Law

chosen case :NSW v McMaster
Read the judgment of Beazley P. Answer the following questions in relation to the common law defence of self-defence and the common law defence of necessity. Do not consider other issues in your answers:

  1. What were the issues raised on appeal in this case? (4 marks)
  2. Which intentional torts were involved in this case? (2 marks)
  3. How does Beazley P treat the existing authorities on the common law defence of self-defence? (4 marks)
  4. Identify the core legal reasoning adopted by Beazley P in relation to the common law defences of self-defence and necessity (8 marks)
  5. What was the outcome in the case? (2 marks)

Sample Solution

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