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).