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:
1. Determine if risk was reasonably foreseeable – a person is negligent in failing to take
precautions against a risk of harm if:
a. There was a foreseeable risk
b. The risk was significant
c. A reasonable person in the position of defendant would have taken
precautions
All 3 requirements must be satisfied for negligence to be established
2. The Court should consider a number of factors in determining whether a reasonable
person would have taken precautions against a risk of harm, including:
a. The probability that the harm would have occurred if care had been taken
 Considered objectively
 Bolton v Stone [1951] AC 850
b. The likely seriousness of the harm
 Considered objectively
 Paris v Stepney Borough Council [1951] AC 367
c. 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
d. 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