Nail negligence problem questions.

The challenge

Where students get stuck

Marks are lost when liability is argued generally rather than element by element. The analysis begins with the duty of care, including the established categories and the approach to novel duties, then breach and the calculus of negligence under the Wrongs Act, then causation, covering factual causation and the scope of liability, and then damage. Each element must be established on the facts. The defences, including contributory negligence and voluntary assumption of risk, and the question of remoteness, add further steps that students sometimes overlook.

How I help

We work through the negligence sequence in order. For each element we state the rule with authority, including the Wrongs Act 1958 where it applies, apply it to the facts, then move to the next. The defences are addressed in turn. We cover the cases and practise past problems so issues are identified quickly and the reasoning is shown element by element.

The method

One method, every problem

Four steps run every argument: name the issue, state the rule, apply it to the facts, conclude. Almost every legal rule takes one of six shapes. Any of these six shapes may carry a twist. Learn the six shapes and the twist →

Related subjects: Contracts, Remedies, Criminal Law & Procedure. See all subjects, or read the publication on practice hypotheticals.