Identify the issues in the case of Chappel v Hart (1998) 195 CLR232, and explain the reasoning that was used by the judgment of Kirby J. ONLY focus on the judgment by the mentioned judge. Go through the judgment and work out the steps in the reasoning and the techniques that the judge used to make his judgment, for example:

• Did the judge rely on other cases? How did the judge use those cases?
• Did the judge declare that an earlier case was wrongly decided?
• Did the judge distinguish an earlier case?
• Did the judge make new law or interpret the law in a new way?
• Did the judge reason by analogy?
• Did the judge appeal to principle, policy, or the underlying purpose of the tort?

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Posted on May 2, 2016Author TutorCategories Question, Questions