William is a professional babysitter. He is babysitting Jim, a two-year old. He decides to take Jim to the local swimming pool, which William has never been to before. The swimming pool has several different pools. While choosing a pool, William is distracted by a text from his friend. He takes Jim into a pool that starts shallow and gets progressively deeper. They enter into the shallow end. William does not realise that the pool gets progressively deeper. Jim ends up walking into a part of the pool that is too deep for him and he breathes in some of the pool water. Jim chokes and is taken to the hospital for medical treatment. As a consequence of choking on the pool water, Jim ends up with scarred lung tissue, which causes him life-long breathing problems. Required: Jim's parents wish to bring an action in negligence against William. (a) Analyse whether William has been negligent. (20 Marks) (b) Examine whether Jim's parents can bring an action in negligence in New Zealand. (6 Marks)UESTION THREE The extent to which consumer law strives to protect consumers depends on the way policymakers strike a balance amongst competing considerations. (a) The traditional approach to consumer law assumes that consumers suffer from unequal bargaining power and should therefore be protected. However, there are apparently good reasons to criticise this pro-consumer approach. Briey explain the counter- arguments that support lower levels of consumer protection. (5 Marks) (b) Key consumer law legislation not only protects consumers but also advances fair competition. Explain how this is achieved in New Zealand, with respect to two key Acts. (5 Marks) (0) The Consumer Guarantees Act 1993 might impact international traders, lead to less variety in the New Zealand markets and result in relatively higher prices for consumers in New Zealand. Explain why