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Emily was attending a picnic in the MtTamborineReserve with her friends.After consuming a few drinks, she decided to go for a walk.She wandered away from

Emily was attending a picnic in the MtTamborineReserve with her friends.After consuming a few drinks, she decided to go for a walk.She wandered away from the walking track, past a sign that read "No public access", and climbed over afence next to the edge of a cliff.Even though theedge of the cliff was clearly visible to any person, Emilywasn'tpayingattentionto where she waswalking,fell off the edge of the cliff and sustained a serious spinal injury as a result.Emily wishes to sue the MtTamborineCouncil as the Council is responsible for maintaining the Reserve.Will Emily be successful?

a.Yes, Emily will be successful because the Council is the occupier of the reserve,and it has breached the duty of care owed to Emily.

b.Yes, Emily will be successful because the Council breached its duty of care by failing to erect a higher fence.

c.No,Emily will not be successful because the Council does not owe a duty of care to warn of an obvious risk of harm.

d.Both (a) and (b) are correct.

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