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:
Use a precise structure: Left side represents major points with each point to the right meaning a lesser point or smaller detail. Each detail under it could be part of issue that needs to be addressed.
Take care to identify main points clearly
Leave plenty of space for examples, references and definitions
This structure is good for re-writing of notes
Example
Has the defendant breached their duty of care?
Determining if there is a breach of duty of care involves 2-stage test:
Determine if risk was reasonably foreseeable – a person is negligent in failing to take precautions against a risk of harm if:
There was a foreseeable risk
The risk was significant
A reasonable person in the position of defendant would have taken precautions
All 3 requirements must be satisfied for negligence to be established
The Court should consider a number of factors in determining whether a reasonable person would have taken precautions against a risk of harm, including:
The probability that the harm would have occurred if care had been taken
Considered objectively
Bolton v Stone [1951] AC 850
The likely seriousness of the harm
Considered objectively
Paris v Stepney Borough Council [1951] AC 367
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
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
Brief summaries of the key cases
A list of prompts to respond to when considering this area of law
11202021 436771DOC 66 LINEAR CIRCUITS MANY ANALOG DEVICES AND
14 GENERALIZED LINEAR MODEL 1 INTRODUCTION LINEAR MODEL
18 SIMPLE REGRESSION II SIMPLE LINEAR REGRESSION II CHAPTER
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