LINEAR NOTE TAKING LINEAR NOTES ARE THOSE WHICH FOLLOW

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Linear Note Taking


Linear notes, are those which follow the order of the points made in the topic or lecture.

To better use this note taking technique:



Example


Has the defendant breached their duty of care?


Determining if there is a breach of duty of care involves 2-stage test:


  1. Determine if risk was reasonably foreseeable – a person is negligent in failing to take precautions against a risk of harm if:

    1. There was a foreseeable risk

    2. The risk was significant

    3. A reasonable person in the position of defendant would have taken precautions

All 3 requirements must be satisfied for negligence to be established



  1. The Court should consider a number of factors in determining whether a reasonable person would have taken precautions against a risk of harm, including:

    1. The probability that the harm would have occurred if care had been taken

    1. The likely seriousness of the harm

      • Considered objectively

      • Paris v Stepney Borough Council [1951] AC 367

    2. The burden of taking precautions to avoid the risk if harm

      • Onus on plaintiff to identify precautions defendant should have taken, and then to sho that burden of cost, difficulty and inconvenience involved was not unreasonable

      • Woods v Multi-Sport holdings (2002) 208 CLR 460

    3. The social utility of the activity that caused the harm

      • Some activities are more worth taking risks for than other, e.g. playing sports has health benefits for the individual and for the community in terms of a healthier population, but sports also carry a higher risk of injury to a participant than to someone who does not play sport

      • Wyong Shire Council v Shirt (1980) 146 CLR 40

The example could be taken further by considering


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