examples of plagiarism

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Exercise: Plagiarism and how to avoid it! Consider this original passage: Consideration gives the ‘badge of enforceability’ to agreements. This is particularly important where the agreement involves a promise to act in a particular way in the future. In exchanges where there is an immediate, simultaneous transfer of, for example, goods for money (as in most everyday shop purchases), the doctrine of consideration applies in theory but rarely causes any practical problems. It is where somebody says, for example, ‘I will deliver these goods next Thursday’ or ‘I will pay you £1,000 on 1 January’ that it becomes important to decide whether that promise is ‘supported by consideration’ (that is, something has been given or promised in exchange). A promise to make a gift at some time in the future will only be enforced in English Law in absence of consideration if put into a special form, that is, a ‘deed’. (For the requirements of a valid deed, see Law of Property (Miscellaneous Provisions) Act 1989). Where a promise for the future is not contained in a deed, then consideration becomes the normal requirement of enforceability. 1. 1. C. MacMillan and R. Stone, Elements of the law of contract, (University of London, 2012), p.31. Examples of use: Version 1 Consideration gives the ‘badge of enforceability’ to agreements. This is particularly important where the agreement involves a promise to act in a particular way in the future. In exchanges where there is an immediate, simultaneous transfer of, for example, goods for money (as in most everyday shop purchases), the doctrine of consideration applies in theory but rarely causes any practical problems. Comment This is obvious plagiarism. It is a word for word repetition without acknowledgement. Version 2 Consideration gives the ‘badge of enforceability’ to agreements. This is particularly important where the agreement involves a promise to act in a particular way in the future. In exchanges where there is an immediate, simultaneous transfer of, for example, goods for money (as in most everyday shop purchases), the doctrine of consideration applies in theory but rarely causes any practical problems. 1

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  • Exercise: Plagiarism and how to avoid it!

    Consider this original passage:

    Consideration gives the badge of enforceability to agreements. This is particularly important where the agreement involves a promise to act in a

    particular way in the future. In exchanges where there is an immediate,

    simultaneous transfer of, for example, goods for money (as in most

    everyday shop purchases), the doctrine of consideration applies in theory

    but rarely causes any practical problems. It is where somebody says, for

    example, I will deliver these goods next Thursday or I will pay you 1,000 on 1 January that it becomes important to decide whether that promise is supported by consideration (that is, something has been given or promised in exchange). A promise to make a gift at some time in the

    future will only be enforced in English Law in absence of consideration if

    put into a special form, that is, a deed. (For the requirements of a valid deed, see Law of Property (Miscellaneous Provisions) Act 1989). Where a

    promise for the future is not contained in a deed, then consideration

    becomes the normal requirement of enforceability. 1.

    1. C. MacMillan and R. Stone, Elements of the law of contract, (University

    of London, 2012), p.31.

    Examples of use:

    Version 1

    Consideration gives the badge of enforceability to agreements. This is particularly important where the

    agreement involves a promise to act in a particular way in the

    future. In exchanges where there is an immediate,

    simultaneous transfer of, for example, goods for money (as in

    most everyday shop purchases), the doctrine of consideration

    applies in theory but rarely causes any practical problems.

    Comment This is obvious plagiarism. It is a word for word repetition without acknowledgement.

    Version 2

    Consideration gives the badge of enforceability to agreements. This is particularly important where the

    agreement involves a promise to act in a particular way in the

    future. In exchanges where there is an immediate,

    simultaneous transfer of, for example, goods for money (as in

    most everyday shop purchases), the doctrine of consideration

    applies in theory but rarely causes any practical problems. 1

  • 1. C. MacMillan and R. Stone, Elements of the law of contract, (University

    of London, 2012), p.31.

    Question: is this plagiarism? Why/why not?

    This is still plagiarism. A footnote alone would not be enough. The language is still

    that of the original author and only quotation marks around the whole passage

    plus a footnote would be correct.

    Version 3

    Consideration gives the badge of enforceability to agreements. The doctrine of consideration rarely causes any

    practical problems in exchanges where there is an immediate

    transfer of, for example, goods for money (as in most

    everyday shop purchases). But where somebody says, for

    example, I will deliver these goods next Monday or I will pay you 500 on 10 January that it becomes important to decide whether that promise is supported by consideration. Unless a promise for the future is contained in a deed, then

    consideration becomes the normal requirement of

    enforceability.1

    1. C. MacMillan and R. Stone, Elements of the law of contract, (University of London, 2012), p.31.

    Question: is this plagiarism? Why/why not?

    A few words have been changed or omitted or moved around. The student writer has

    made no attempt to stretch her imagination by using her own language, however not very satisfactory, and still plagiarism.

    Version 4

    Consideration gives the badge of enforceability to agreements. This is particularly important where the

    agreement involves a promise to act in a specific way in the

    future. In an exchange where there is an immediate,

    simultaneous transfer of, for example, goods for money (as in

    most everyday shop purchases), the doctrine of consideration

    applies in theory but hardly ever causes any practical

    problems. Where somebody says, for example, I will deliver these goods next Thursday or I will pay you 1,000 on 1 January then it becomes important to decide whether that promise is supported by consideration (that is, something has been given or promised in exchange). A promise to make a

    gift at some time in the future will only be enforced in English

    Law in absence of consideration if put into a special form, that

    is, a deed.1

    1. C. MacMillan and R. Stone, Elements of the law of contract, (University

    of London, 2012), p.31.

  • Question: is this plagiarism? Why/why not?

    This is not quite plagiarism, but incorrect and inaccurate. The quotation marks indicate

    exact repetition of what was originally written. The student writer however, has changed

    some of the original and is therefore not entitled to use the quotation marks. The

    student should have used an exact quote, or rewritten the passage in her own words.

    Version 5

    In 2012 MacMillan and Stone wrote that consideration gives the badge of enforceability to agreements. They suggest that in those cases where the exchange of goods for payment of money is immediate and

    simultaneous then the doctrine rarely causes any problems. However

    they point out it is in the case of a promise to pay in the future, or a

    promise to deliver the goods in the future, that it becomes necessary to

    establish whether that promise is supported by consideration. Without

    consideration they argue the promise is generally only enforceable under

    English law where the promise is contained in a deed.1

    1. C. MacMillan and R. Stone, Elements of the law of contract, (University

    of London, 2012), p.31.

    Question: is this plagiarism? Why/why not?

    This is correct. The student writer uses her own words to summarise most of the original

    passage. The footnote shows that the ideas expressed come from the original writer and

    not from the student. The phrase kept from the original passage is carefully enclosed in

    quotation marks. Note how, in the process of distancing her ideas from those of

    MacMillan & Stone, the student has created the space in which to comment on their

    ideas.

    Acknowledgement: The idea of using examples of text in this way together with

    comments was sourced from, and based on, an example produced by the University of

    Strathclyde, Department of Politics; Tom Mackie et al, A Guide on How to Write Good

    Essays and Good Exam Answers by Really Trying, (sixth edition, University of Strathclyde,

    1998).