Author Topic: Being told to read the wrong pages in an article?  (Read 5775 times)

Offline Gail

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Being told to read the wrong pages in an article?
« on: September 20, 2017, 09:21:13 AM »
hey guys.

I am at the moment slowly having a shufty through the contract unit 1 module.

I have been directed to read the following:

Ames, J.B. (1888) ‘The history of assumpsit’, Harvard Law Review, vol. 2, no. 2, pp. 53–69.

So off I popped to the article supposedly to find some reading about express assumpsit. Only thing is; this part of the article deals with implied assumpsit and express assumpsit is actually here:

Ames, J.B. (1888) ‘The history of assumpsit’, Harvard Law Review, vol. 2, no. 1, pp. 1-25.

So do I read the article I was signposted and then answer the questions on express when I have read about implied, or do I go to the article covering actual express assumpsit and then answer the questions.

Or should I read both? (Lots of reading there though and can't print it off). Haven't read either of them yet so have no clue whether the implied part covers the express part (not sure why it would since there is a separate express part that comes before it).

I think I'll go and have a shufty at the public law modules instead and come back to contract later lol


Offline David W

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Re: Being told to read the wrong pages in an article?
« Reply #1 on: September 20, 2017, 09:58:45 AM »
Hi Gail,


I completed W202 this year and what I can tell you is that an understanding of assumpsit is important only in a historical sense i.e. in understanding how the law of contract, and in particular the concept of consideration, developed. It is of no importance to modern contract law.


That said, I understand that you are trying to follow the materials so the second point I'll make is that, unfortunately, finding errors in the module materials is not as uncommon as you might imagine it to be. It is frustrating and it shouldn't happen but it does. So it comes down to making a judgement call on which to read or clarifying with your tutor.


The module presentation may differ from year to year so I don't want to definitively state which you should read!


Hope this helps.
I dont always remember case names in EU law. But when I do it's Internationalle Handelgesellschaft mbH v Einfuhr und Vorratsstelle fur getride und Futtermittel

Offline Gail

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Re: Being told to read the wrong pages in an article?
« Reply #2 on: September 20, 2017, 10:12:24 AM »
Haha David  :laugh:

When I was in a brickie and we learned all the history in the 1st year, after the history part was done they turned to us (all of us holding our notes like the gospels) and told us,  'Now you have learned all that - forget it, throw it away! We can now learn what's important and what we need to know!'

I've decided to just give both parts of them a cursory read - as you say, it's more about understanding it in a historical sense (which I do) and the development.

I just hope that there aren't too many 'errors' to come across. I did promise myself that I would follow the OU module units religiously and not rely on memory from years ago when at the brickie.  :smiley:

Offline Mohan

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Re: Being told to read the wrong pages in an article?
« Reply #3 on: September 20, 2017, 12:04:53 PM »
HI Gail,

When figuring the importance of assumpsit I reasoned like this... it occupied less than 1 page of an 800+ text.

So, it was no problem at all to see how irrelevant it was.

Mohan
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Offline I AM GR00T

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Re: Being told to read the wrong pages in an article?
« Reply #4 on: September 24, 2017, 02:45:13 PM »
I am so glad this kind of issue has been brought up!

I remember when I was on W101, and the wrong information was supplied. 

It actually dinted my confidence thinking if I wasnt able to follow 'clear' instructions, what was I doing coming to study law in the first place!  I eventually found what I needed, which was contrary to what the OU had advised and alerted my tutor & student services so that they could get in 'remedied' for other students.  But it took valuable time from my studies, lessened my confidence and totally peed me off the time wasted given it took me til about 1.30am on a work night!  Little things like that have an effect on a new and less confident student.  Even now going into my 3rd year study, I still get that initial gut wrenching feeling when at first I cant find something til I sit myself down (metaphorically speaking) and look at it again/dig a little deeper.  :angry:

Jenn
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Offline Mohan

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Re: Being told to read the wrong pages in an article?
« Reply #5 on: September 24, 2017, 04:16:46 PM »
Ah Groot, digging makes for deeper roots. :laugh: :laugh:
Mohan
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Offline David W

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Re: Being told to read the wrong pages in an article?
« Reply #6 on: September 24, 2017, 05:37:54 PM »
Its a really good point by Groot and I think it's an issue.


I'm a fairly confident learner but some of those boo boos in the materials can really make you doubt yourself. Keeps you on your toes I suppose.....
I dont always remember case names in EU law. But when I do it's Internationalle Handelgesellschaft mbH v Einfuhr und Vorratsstelle fur getride und Futtermittel

Offline Simon Stylites

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Re: Being told to read the wrong pages in an article?
« Reply #7 on: September 25, 2017, 12:19:45 PM »
So true what Groot and David W have said re confidence etc.
Tutors tend to forget that when we point out these mistakes we're not simply being bumptious smart alecs: we panic that we've failed to understand something obvious.
What compounds the problem is the reaction sometimes elicited from tutors. The worst ones behave like pettifogging solicitors. It's as if they know only one response, which is to deny all fault on behalf of the OU. Anyone who has ever raised an issue over faulty goods/services will know that the surefire way to escalate the matter is to have the someone argue that black is white, rather than simply say 'sorry, we'll put that right'.

The problem with digging the OU's garden is that it's like trying to extirpate someone else's invasive Japanese Knotweed; it isn't planting, by and large, one's own useful ones.
'Ever tried. Ever failed. No matter. Try again. Fail again. Fail better'
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Offline David W

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Re: Being told to read the wrong pages in an article?
« Reply #8 on: October 04, 2017, 02:32:42 PM »
So I started on W330 at the weekend (I am doing W203 also so thought I better get cracking).


As usual, really looked forward to starting; as usual feeling totally disappointed with the module website due to stupid mistakes.


The thing is this, on previous modules I have put up with most of the mistakes because I simply don't have time to report them. But I'm just so sick of it now that I'm going to damn well find the time.


My post to the W330 Welcome Forum. This will be going to Student Support also.


Hi Edwin,
[/size]Thanks for the intro. Not enjoying the module so far; this is due to discovering that I can apparently look forward to as many frustrating errors in the W330 website materials that seem to plague all the LLB modules.[/color]
[/size]Activity 15 of Unit 1, section 10.2 points us toward chapter 11, sections 6 '(A) Introduction' and '(B) Content' on pages 384-7.[/color]
[/size](A) and (B) of section 6 reside on pages 394-7; apparently a typo with the page numbers. So I go ahead and read (A) Introduction and (B) Content only to discover that the questions related to this reading have got nothing to do with section 6 (A) and (B) but are it seems related to section 4 '(A) The ECHR as a source of special significance for the general principles of EU law' and (B) Other international human rights instruments' which are located on, you guessed it, pages 384-7 (to page 388 to be precise).[/color]
[/size]I've just spent more than twice the amount of time which I reasonably should have had to to work through this activity; figuring out the discrepancy between the directed reading and the actual sections of the textbook, reading the 'directed' sections, puzzling over the questions before realising they are not related to the directed reading, working out what the actual reading was, reading the actual reading. Not to mention the time spent composing this post.[/color]
[/size]This frustrates me in a number of ways:[/color]
[/size]1) I am too used to seeing such errors in the module websites.[/color]
[/size]2) A less confident learner could be severely thrown off track by such an error. One hopes that the module website will serve to guide, clarify and educate rather than obfuscate.[/color]
[/size]3) I have to go to work tomorrow; thats after I awake at 0630 to get my son ready for nursery. After work I will feed and wash him before putting him to bed then watching our youngest son while my wife does what she needs to do. Then I will sit down to study. I don't have time to waste.[/color]
[/size]That said I realise that the modules are complex pieces of work and take a lot of work to put together; I am very interested to know if such mistakes are regarded as an acceptable consequence of this effort.[/color]
[/size]David[/color]
I dont always remember case names in EU law. But when I do it's Internationalle Handelgesellschaft mbH v Einfuhr und Vorratsstelle fur getride und Futtermittel

Offline David W

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Re: Being told to read the wrong pages in an article?
« Reply #9 on: October 05, 2017, 06:16:00 AM »
Oh dear, it appears I have inserted some dodgy HTML code once more. Apologies for the sloppiness of the previous post. If only I wasn't so busy pointing out mistakes to the OU rather than actually, you know, learning stuff.


W330 continues to get off to a flying start (this one has been copied through Notepad so lets see):


Hi Edwin,

Thanks for your response. You may also wish to look into activity 13 of unit 1 - the link contained in Amministrazione della Finanze dello Stato v Simmenthal SpA (Case C-106/1977) [1978] ECR 629 appears to point to Case C-243/78 Simmenthal v Commission rather than Case C-106/77 Amministrazione della Finanze v Simmenthal. Reading C-106/77 makes the question related to the activity clear; reading C-243/78 makes the question related to the activity confusing.

Regards,

David
« Last Edit: October 05, 2017, 06:17:44 AM by David W »
I dont always remember case names in EU law. But when I do it's Internationalle Handelgesellschaft mbH v Einfuhr und Vorratsstelle fur getride und Futtermittel

Offline Simon Stylites

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Re: Being told to read the wrong pages in an article?
« Reply #10 on: October 05, 2017, 09:34:47 AM »
Very well said David (about the OU mistakes).
 I'm glad you are sending to Student Support as well - I have done similar in the past. I would urge anyone encountering such errors to do the same. The OU really needs to understand the extent of the problem and react properly when made aware of examples.
'Ever tried. Ever failed. No matter. Try again. Fail again. Fail better'
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Offline David W

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Re: Being told to read the wrong pages in an article?
« Reply #11 on: October 08, 2017, 03:02:08 AM »
I've just noticed that each web page of the module has a feedback link at the bottom. I've never noticed this before so perhaps this is part of the site redesign.


Very welcome feature though.
I dont always remember case names in EU law. But when I do it's Internationalle Handelgesellschaft mbH v Einfuhr und Vorratsstelle fur getride und Futtermittel

Offline Simon Stylites

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Re: Being told to read the wrong pages in an article?
« Reply #12 on: October 08, 2017, 04:46:42 AM »
I had noticed this 'feedback' link, unfortunately it is rather limited in its use.
Quote
To report a technical problem, contact the OU Computing Helpdesk.
Fine, and at least there is a hyperlink.
Quote
To comment on or query your module materials, contact your tutor.
If you do not have a tutor, consult your module materials for details of who to contact.
Back to the tried, tested and failed method here. A hyperlink to someone in Student Support (or, better still, the cowering author of the unit) would be more useful.
Quote
To comment on your module website, fill in this form.
You will not receive a personal response but your comments are valuable and will help the OU create better websites in future.
An invitation to lament the erratic quality in general, rather than the particular. The lack of response is one of the many ills of the present set up: there's no indication of how seriously and urgently our concerns are taken. However, I shall be using this function express my general dissatisfaction with the materials.





'Ever tried. Ever failed. No matter. Try again. Fail again. Fail better'
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Offline David W

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Re: Being told to read the wrong pages in an article?
« Reply #13 on: October 09, 2017, 05:10:02 AM »
So now we need a feedback link to feed back feedback on the feedback link...... :huh:
I dont always remember case names in EU law. But when I do it's Internationalle Handelgesellschaft mbH v Einfuhr und Vorratsstelle fur getride und Futtermittel

Offline Simon Stylites

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Re: Being told to read the wrong pages in an article?
« Reply #14 on: October 09, 2017, 01:39:31 PM »
So now we need a feedback link to feed back feedback on the feedback link...... :huh:
Alas, yes! The infinite regress is built into the wretched system.
The OU's facility, unfortunately, exemplifies the abuse of feedback. Customers unhappy? Establish feedback! With luck, you won't have to change anything or directly address the ills which are present, just 'show you care'.
 
'Ever tried. Ever failed. No matter. Try again. Fail again. Fail better'
Beckett: Worstword Ho