COMMON ERRORS WHEM ATTEMPTING TO SOLVE A CASE STUDY

Four Step Process

As an overall comment, most of the problems seem to be caused by students failing to engage with
the materials or staff until the week before the assignment becomes due and starting their
assignments late (we can tell this by looking on the metadata in students' assignments). Generally
students in this situation don't answer the question (as they don't have a good enough grasp of the
law to know what is being asked of them), they haven't taken the time to learn how to reference, they
don't read the comprehensive instructions or unit outline with sufficient care and they go to the most
accessible source of material (the internet) which often ends in a poor result (see more about internet
resources below).

1. The BIG errors (errors that relate to substance)

Not reading the question or instructions as to the topics being assessed with sufficient care.
We know this seems pretty obvious but it is a very common error.
SOLUTION: Read the question carefully. Ask yourself what does the question want you to
discuss? In a four step process methodology, the question will identify and narrow the area of
law you should be discussing. Also look for any additional instruction that comes with the
assignment and pay attention. We are not out to ambush students just to reward those who
do the work set.

Lack of focus - writing about the whole topic instead of the key areas.
SOLUTION: As stated above, pay careful attention to what the question is directing you to do.
When you are attempting to resolve a case study the facts will also raise particular issues or
points of law more than others. Focus your answer on what is relevant. An example of this
would be if you were asked to discuss the law in relation to agreement as an element of an
enforceable contract. If the facts were about the display of items for sale in a store window,
then the rule in relation to acceptance via instant communication and facsimiles may be of little
relevance so should not be discussed in any detail, if at all. A discussion of the other elements
consideration or intention would not be at all pertinent.

Poor use of four step process, most notably inadequate application of the law to the facts of
the case study. A practical example of this is an answer that simply repeatsthe facts of the
question in step 3 or alternatively where there is no detail or explanation of the application to
facts (the why) just a bare conclusion.

1 of 6
2013 Curtin Business School
Updated semester 2, 2013

SOLUTION: What this might indicate to the marker is that the lack of skill is due to the student
not practicing at home or seeking assistance and feedback from their allocated tutor. In
Business Law 100 this will also indicate that a student has probably not been completing the
computer based tutorials, which assists students to develop deductive reasoning skills and
model the application of facts to law as one would do in step 3 of the four step process. Ask
yourself if you are taking these steps from the beginning of the course, so you have time to
learn and practice and ask your tutor or the Senior Tutor on Blackboard questions in a timely
manner (not the night before the assignment is due)

Poor or no referencing. This is actually extremely important, as failure to properly acknowledge

your sources can in some circumstances be classified as academic misconduct which has
serious consequences.
SOLUTION: You should note that the Communication Skills Centre produces materials on
referencing and the library also produces referencing guides that you should read before you
submit your assignment. This document is not to be used in substitution for those sources,
rather it should serve as a specific guide to answering legal questions.
Firstly, you must provide references in your assignment. You have been told not to research
outside of the course materials. This means that you must reference the textbook and course
materials where appropriate. Providing a single reference at the end of your assignment is not
sufficient. You need to show the marker which parts of your assignment are sourced from
elsewhere. If you dont adequately reference we cant tell which are your ideas and which are
someone elses.
It is vital that for each component taken from somewhere else you provide either a footnote or
an in-text reference. For this unit you can use the Chicago method or the Australian Guide to
Legal Citation (AGLC). Curtin University generally uses the Chicago method and lawyers the
AGLC. The choice is yours.Where you take a direct quote from the textbook it should appear
in quotation marks. At the end of the quote you should provide your reference e.g. (Smith
2007, 25). In this example, Smith is the author, the book was published in 2007 and the
specific quote that you have taken comes from page 25 of that source. You must provide the
page number in your references.
Where you take an idea/concept from someone elses work you should also provide a
reference. For example, look at p55 of the text, point 2.2. If the paragraph in your assignment
read:
For sale of good contracts, where there is the sale of generic goods (where parties
specify what is traded by referring only to the category or type of good), the seller
only has to deliver goods that belong to that class.
You would need to provide a reference for this. Your chain of ideas has been sourced from
elsewhere. While the exact wording of the paragraphs is not the same, they are sufficiently
similar to warrant a reference. If in doubt, provide a reference.

2 of 6
2013 Curtin Business School
Updated semester 2, 2013

Where you discuss the law (i.e. cases) it is not usually necessary to provide a reference. As
the law is what it is, if discussing the cases with your own language (which will develop as you
read cases and hear about them in the lectures) then you dont need to provide a reference.
However, as above, if you take a direct quote from a case study in the text then you should
provide a reference.
One of the other points on this list is poor or incomplete case citation. There is substantial
information in the materials about how to cite a case properly. In assignments we expect
students to cite cases fully (i.e. all the year volume report numbers, abbreviations and page
numbers).
Most often errors in referencing are incidental or clearly inadvertent. In the event of a level one
incident of plagiarism occurring, a student may be contacted by the University and required to
undertake further training or remedial work in relation to referencing. Where the lack of correct
referencing appears to contravene the University policy on plagiarism, the students paper will
be referred to the Unit Coordinator and dealt with according to University policy. This may
amount to academic misconduct.
An important aspect of the University Plagiarism Policy is recognition that not all plagiarism is
intentional or involves cheating. If students are not learning as expected, they will be made
aware of their difficulties and helped to improve. Those who deliberately choose to cheat by
way of plagiarism, however, will be identified and dealt with accordingly.
You are strongly advised to understand your responsibilities in relation to correct
referencing.

Basic spelling, grammatical and typographical errors.

SOLUTION: Use your spell check in Word before you submit your assignment. An even better
strategy is to have someone who is not doing the course read over your assignment. This is
an excellent way to check the clarity and logic of your argument, even if they cannot assist
with the more technical aspects.
Poor use of cases in assignments. The most common example of this is an answer that simply
cites the case name after stating a rule of law and nothing more.
Solution: This can be a little tricky to gauge the first time you attempt an answer, but have a
look at the case summaries in the back of the FPBL source book. It is this structure that you
need to include in your answer (although probably briefer unless the facts of the case study
you are attempting to resolve are exactly on point): a summary of the facts, the outcome and
importantly the reason for deciding that is the legal principle that can be drawn from that
case.

3 of 6
2013 Curtin Business School
Updated semester 2, 2013

Incorrect or incomplete case citations.

SOLUTION: There is substantial information in the materials about how to cite a case properly.
In assignments we expect students to cite cases fully (i.e. the year, volume/report numbers,
abbreviations and page numbers).

Explanations of rules of law without reference to authority. This is where an answer describes
or explains the rule of law and either provides no citation or cites an author.
SOLUTION: You must cite as either a case (judge made law) or a section of legislation
(enacted law) as authority for any principle of law you explain. Remember the law comes from
two sources, cases and legislation. This is why it is the law, not because a commentator or
lecturer says so.

Poor use of paragraphs and headings. Paragraphs are important as they help convey your
sense and depth of understanding. A new paragraph should be used for a new idea or point
you wish to make.
SOLUTION: You can access general writing skills material and advice through the CBS
communications skills centre. They can be contacted via the learning hub on Blackboard. You
can also ask you allocated tutor for more specific advice in relation to law and how this might
work (but remember that staff cannot mark a draft of the assignment as mentioned in the unit
outline).

Not using the materials provided for the unit. This includes using texts which have not been
recommended for use when studying the unit (e.g. complex and often outdated contract tomes
etc) as well as material off the internet which is often not from an quality source(i.e. Wikipedia)
or irrelevant.
SOLUTION: Look to the prescribed text the Lambiris FPBL materials, the lectures & unit
materials on Blackboard and/or the recommended texts or websites. This is sufficient for
your learning in this unit. We dont want to discourage independent research but this is an
introduction to law course. You do not need to go beyond the materials provided. In our
experience, when students who a new to studying the law research outside of the prescribed
or recommended legal sources, they often become more confused because they are looking
either at wrong or outdated law, rules we are not studying or explanations that are complex
and in more detail than is required in an introductory context.

Asking for extensions because you have been busy (poor time management), have decided to
take a holiday or forgot.

4 of 6
2013 Curtin Business School
Updated semester 2, 2013

SOLUTION: Be organised! All the timelines have been provided for you in the study calendar
at the end of the unit outline. If a difficulty arises, contact us early.
Please be aware of the policy for the granting of extensions, deferred assessment
and late penalties contained in the unit outline.
Extensions and deferments are only granted in extenuating circumstances with supporting
documentation. You may be wondering why this is a big one. It is really important to ensure
fairness and equity for all students. This requires the application of this policy in a consistent
way (much like the doctrine of precedent!)
2. The minor errors (the errors that the lecturers/teaching assistants/markers will sweat)

Students asking questions on Blackboard/by email about matters that have already been
provided to them in the unit outline and instruction sheet provided with the assignment
question. We are sure that most of these questions are due to oversight or when someone
wants clarification of a point, however some of the questions are so basic (i.e. asking for due
dates and times which are on the study calendar) that it can seem to tutors that the student will
not (is lazy) or cannot read instructions, and that they are asking this type of question just
because it is easier than reading up on it themselves.
SOLUTION: READ the unit outline or if you would prefer we have recorded a vodcast
recording about what is contained in the unit outline for you which is available on Blackboard.

Daily requests for your mark (from the due date onwards).
SOLUTION: The unit outline sets out the turnaround time from the receipt of your assignment.
This is usually no longer than two weeks. Please understand that your lecturer/teaching
assistant/marker will usually have more than one student and teach a number of courses
within the University. If your assignment has not been returned to you by the end of the two
weeks, please contact us.

Poor formatting and presentation. Some common examples and suggestions for
change are:
o Incorrect assignment heading i.e. putting assignment 1 when its assignment 2 etc.
Proof read!
o Sending the assignment in a different format from what is requested and detailed in the
unit outline. Check the unit outline when you are setting up your document.
o Assignments submitted with a non identifying file name i.e. My assignment.
Remember there are guidelines on Blackboard about how to submit your assignment.
Make sure the name of your file is something that your tutor can identify as yours (i.e.
this is not just for your benefit. We will have a lot of Business Law assignment one
files otherwise)

5 of 6
2013 Curtin Business School
Updated semester 2, 2013

o Poor use of page breaks e.g. a paragraph heading at the bottom of a page and then the
paragraph starts next page. Complete your assignment in time so you can leave it for at
least a day before the final proof reading. You will be amazed by what errors you will
pick up.
o Incorrect formatting for quotes (i.e. should it be indented?). Check out the materials
provided by the library and CBS Communications Skills Centre for more on this type of
detail.
o Writing out the question at the beginning of the assignment. You can assume that the
marker knows the question and do not need to do this.
o Multiple files submitted. Make sure your assignment is submitted as one file not two,
including the cover sheet.

3. And a real bug bear....

Sending emails from your own email account and not your Curtin student account.

6 of 6
2013 Curtin Business School
Updated semester 2, 2013