Jerry has recently bought an old old brick house which needs a lot of repairs. First on the list is the front porch with its dilapidated (ie falling apart) steps. Although the steps needed to be rebuilt Jerry simply nailed down a few boards before having a housewarming party. During the party Nadia trips on the uneven boards of the front steps and breaks her wrist when trying to catch herself. Nadia suffers from vertigo (dizziness) which sometimes makes her lose her balance.

1. What is the legal issue(s) in this case (2 marks)
2. What is the legal test(s) that apply to this case? (1 mark)
3. Create an argument for the plaintiff. (1 mark)
4. Create an argument for the defendant (1 mark)