You are on page 1of 16

1.

What is Engineering Ethics? Describe principles of applied ethics.

Engineering ethics is the field of applied ethics and system of moral principles that apply to the practice of engineering. The field examines and sets the obligations by engineers to society, to their clients, and to the profession. As a scholarly discipline, it is closely related to subjects such as the philosophy of science, the philosophy of engineering, and the ethics of technology. As engineering rose as a distinct profession during the 19th century, engineers saw themselves as either independent professional practitioners or technical employees of large enterprises. There was considerable tension between the two sides as large industrial employers fought to maintain control of their employees. When the 19th century drew to a close and the 20th century began, there had been series of significant structural failures, including some spectacular bridge failures, notably theAshtabula River Railroad Disaster (1876), Tay Bridge Disaster (1879), and the Quebec Bridge collapse (1907). These had a profound effect on engineers and forced the profession to confront shortcomings in technical and construction practice, as well as ethical standard. So Ethics can be defined as a science of morals, moral principles or code. Applied ethics is a person’s systematic approach to determine and select values for individual conduct and application of these values in human interrelationships. These basic principles and selection of values are at the center of our personal lives and their reflections drive the relationships between parties in professional and business context.

2.

Define tort & negligence? Describe principles of negligence.

Tort is defined as a civil wrong, or wrongful act, whether intentional or accidental, from which injury occurs to another. Torts include all negligence cases as well as intentional wrongs which result in harm. Negligence is a tort which depends on the existence of a breach of duty of care owed by one person to another. Negligent behavior towards other gives them right to be compensated for the harm to their body, property, mental well being, financial status or relationship. Negligence is used in comparison to acts, omissions which are intentional or willfull. The principles of negligence are. a. duty of care

Duty of care is a legal obligation imposed on an individual requiring that they adhere to a standard of reasonable care while performing any acts that could foreseeably harm others. It is

the first element that must be established to proceed with an action innegligence. The claimant must be able to show a duty of care imposed by law which the defendant has breached.

b.Breach of duty there can be no liability in negligence unless the claimant establishes both that they were owed a duty of care by the defendant, and that there has been a breach of that duty. The defendant is in breach of duty towards the claimant if their conduct fell short of the standard expected under the circumstances. c.Proximate cause A proximate cause is an event sufficiently related to a legally recognizable injury to be held to be the cause of that injury. There are two types of causation in the law: cause-in-fact, and proximate (or legal) cause. Cause-in-fact is determined by the "but for" test: But for the action, the result would not have happened. For example, but for running the red light, the collision would not have occurred. For an act to cause a harm, both tests must be met; proximate cause is a legal limitation on cause-in-fact. d. Actual harm This is the physical injury or property damage caused by the breach of duty. e. Measurable damages This is the financial loss which includes costing of actual harms including pain and sufferings. 3. Define contract? Describe the essentials of valid contract.

A contract is an agreement that can be enforceable by law. An agreement is an offer and its acceptance. An agreement which can be enforceable by law must have some essential elements. A valid contract must have the following elements. 1. Intention to create legal relationship. 2. Lawful object 3. Agreement not expressly declared void 4. Proper offer and its acceptance 5. Free Consent 6. Capacity of parties to contract 7. Certainty of meaning. 8. Possibility of performance. 9. Lawful consideration 10. Legal formalities

Intention to create legal relationship: The parties entering into a contract must have an intention to create a legal relationship. If there is no intention to create a legal relationship, that agreement cannot be treated as a valid contract. Generally there is no intention to create a legal relationship in social and domestic agreements. Invitation for lunch does not create a legal relationship. Certain agreements and obligation between father and daughter, mother and son and husband and wife does not create a legal relationship. An agreement wherein it is clearly mentioned that "This agreement is not intended to create formal or legal agreement and shall not be subject to legal jurisdiction in the law of courts." cannot be treated as a contract and not valid. Lawful Object: The objective of the agreement must be lawful. Any act prohibited by law will not be valid and such agreements cannot be treated as a valid contract. A rents out his house for the business of prostitution or for making bomb, the acts performing there are unlawful. Hence such agreement cannot be treated as a valid contract. Therefore the consideration as well as the object of the agreement should be lawful. Agreement not expressly declared void: Section 24 to 30 specify certain types of agreement which have been expressly declared void. For example Restraint of marriage which has been expressly declared void under Section 26. If John promises to pay $50 to Mary if she does not marry throughout her life and Mary promise not to marry at all. But this agreement cannot be treated as a valid contract owing to the fact that, under section 26 restraint of marriage expressly declared void. Some of the agreement which have been expressly declared void are agreement in restraint of legal proceedings, agreement in restraint of trade, agreement in restraint of marriage and agreement by way of wager. Proper offer and it s acceptance: To create a valid contract, there must be two or more parties. One who makes the offer and the other who accepts the offer. One person cannot make an offer and accept it. There must be at least two persons. Also the offer must be clear and properly communicated to the other party. Similarly acceptance must be communicated to the other party and the proper and unconditional acceptance must be communicated to the offerer. Proper offer and proper acceptance should be there to treat the agreement as a contract which is enforceable by law. Free Consent: According to section 14, consent is said to be free when it is not caused by (i) coercion, (ii) undue influence (iii) fraud, (iv) misrepresentation, or (v) mistake. If the contract made by any of the above four reason, at the option of the aggrieved party it could be treated as a void contract. If the agreement induced by mutual mistake the agreement would stand void or canceled. An agreement can be treated as a valid contract when the consent of the parties are free and not under any undue influence, fear or pressure etc. The consent of the parties must be genuine and free consent. Capacity of parties to contract: Parties entering into an agreement must be competent and capable of entering into a contract. If "A" agrees to sell a Government property to B and B agrees to buy that property, it could not treated as a valid agreement as A is not authorized or owner of the property. If any of the party is not competent or capable of entering into the agreement, that agreement cannot be treated as a valid contract. According to Section 11 of the Act which says that every person is competent to contract who is of the age of majority according to the law to

which he is subject and who is of sound mind, and is not disqualified from contracting by any law to which he is subject. So it is clear that the party must be of sound mind and of age to enter into a valid agreement which can be treated as a valid contract. Certainty of meaning: Wording of the agreement must be clear and not uncertain or vague. Suppose John agrees to sell 500 tones of oil to Mathew. But, what kind of oil is not mentioned clearly. So on the ground of uncertainty, this agreement stands void. If the meaning of the agreement can be made certain by the circumstances, it could be treated as a valid contract. For example, if John and Mathew are sole trader of coconut oil, the meaning of the agreement can be made certain by the circumstance and in that case, the agreement can be treated as a valid contract. According to Section 29 of the Contract Act says that Agreements, the meaning of which is not certain or capable of being made certain, are void. Possibility of performance: As per section 56, if the act is impossible of performance, physically or legally, the agreement cannot be enforced by law. There must be possibility of performance of the agreement. Impossible agreements like one claims to run at a speed of 1000km/hour or Jump to a height of 100feet etc. would not create a valid agreement. All such acts which are impossible of performance would not create a valid contract and cannot treated as a valid contract. In essence, there must be possibility of performance must be there to create a valid contract. Lawful consideration: An agreement must be supported by a consideration of something in return. That is, the agreement must be supported by some type of service or goods in return of money or goods. However, it is not necessary the price should be always in terms of money. It could be a service or another goods. Suppose X agrees to buy books from Y for NPR 5000. Here the consideration of X is books and the consideration of Y is NPR 5000. It can be a promise to act (doing something) or forbearance (not doing something). The consideration may be present, future or can be past. But the consideration must be real. For example If Nisha agrees to sell her car of NPR 500000 to Jagat for NPR 200000. This is a valid contract if Nisha agrees to sell her car not under any influence or force. It can be valid only if the consideration of Nisha is free. An agreement is valid only when the acts are legal. Illegal works like killing another for money, or immoral works or illegal acts are cannot be treated as a valid agreement. So, illegal works will not come under the contract act. Legal formalities: The contract act does not insist that the agreement must be in writing, it could be oral. But, in some cases the law strictly insist that the agreement must be in writing like agreement to sell immovable property must be in writing and should be registered under the Transfer of Property Act, 1882. These agreement are valid only when they fulfill the formalities like writing, registration, signing by the both the parties are completed. If these legal formalities are not completed, it cannot be treated as a valid contract. 4. Define Consideration and rules of consideration.

Consideration is the concept of legal value in connection with contracts. It is anything of value promised to another when making a contract. It can take the form of money, physical objects, services, promised actions, abstinence from a future action, and much more. Consideration to

create a legally enforceable contract entails a detriment to the promisee OR a benefit to the promisor. Under the notion of "pre-existing duties", if either the promisor or the promisee already had a legal obligation to render such payment, it cannot be seen as consideration in the legal sense. The following are the basic rules of consideration. 1. Consideration must move at the desire of the promisor: The first important rule of consideration is that the act or forbearance must be done at the desire or request of the promisor. If it is done without his request or at the request of a third party, it will not be a valid consideration. It is very simple that unless a person offers to do something, how can he be made liable to pay for that? 2. Consideration may move from the promisee or any other person: It means that the act or forbearance may be done by the promisee himself or any other person on his behalf. In other words, consideration may be given by the promisee or any other person on his (promisee's) behalf. 3. Consideration may be past, present or future: The words, "has done", "does" or "promises to do" indicate respectively that the consideration may be past, present or future. (i) Past Consideration: Where the act was done in the past or the promisor had received the consideration before the date of the promise, it is called a past consideration. (ii) Present Consideration: Where the act is done in the present or the promisor receives the consideration along with his promise, the consideration is present consideration. It is also called an executed consideration. (iii) Future Consideration: It is also called executory consideration. Where the act is to be done in future or the promisor is to receive consideration after the date of promise, it is a future consideration. 4. Consideration must be real and not illusory: Consideration must be real, i.e, it has some value in the eye of law. It should not be illusory. (i) Forbearance to sue:

It has been pointed out earlier that consideration may be positive or negative. Negative consideration implies forbearing some right. Thus forbearance to sue a debtor can be a good consideration. It should be noted that forbearance to sue must be for a lawful act or existing and lawful liability. (ii) Compromise or composition of claims: Compromising bonafide disputed claim is a good consideration. In fact, it is also a kind of forbearance on the part of the creditor. For example, a creditor agrees to accept less than what is actually due to him. However, the claim should be bonafide. If the claim turns out to be frivolous or unfounded, the consideration will fail and the debtor would be entitled to refund of the amount paid by him. 5. Consideration must not be something which the promisor is legally bound to do: A promise to do something which a person is legally bound to do is not a good consideration. As such, preexisting legal and contractual obligations cannot be regarded as good consideration. 6. Consideration must not be illegal, impossible, uncertain, ambiguous, fraudulent, immortal or opposed to public policy: The law does not compel anybody to do something illegal, impossible, immortal or opposed to public policy. On the countrary, the law punishes a person who does something illegal, immortal or opposed to public policy. (i) Illegal Consideration: Illegal consideration means doing an act which is prohibited by law. Example: A promises to pay B Rs. 500 if he bears C. It is illegal. (ii) Impossible consideration: Impossibility may be physical or legal. In both the cases, the consideration would not be a good consideration. (iii) Uncertain consideration: A promises to pay an uncertain amount is not a good consideration. (iv) Immoral consideration: Immoral consideration means an act against positive morality as recognized by law. 7. Consideration need not be adequate:

It is not necessary that there must be full return for the promise. There must be something rather than nothing. For example, A agrees to sell his watch worth Rs. 100 only for Rs. 10. A's consent to the agreement was given freely. The agreement is enforceable even though the watch is being sold for just one-tenth of its price. The law has left the quantum of consideration to be decided by the respective parties. Hence the law will not object to the inadequacy of consideration. The law will not enforce a promise only if it is without consideration. 5.
A)

Write short notes on

Implied contract: An implied contract is an agreement that is formed by nature of the conduct or behavior of the parties, rather than through specific words. in order for a contract to be legally enforceable, there must be an offer by one party, an acceptance of that offer by the other party, and consideration or payment for services rendered or goods delivered. In an express contract, the offer will contain all the essential terms of the contract, which usually will include the price for services rendered, or goods delivered, and the time for performance of the contract. When courts find that an implied contract has been formed, the essential elements of an unequivocal offer and a binding acceptance, necessary for the formation of an express contract, are missing. Under the judicial theory of implied contract, the offer and acceptance are found from the conduct of the parties, even though no terms or conditions of the agreement were explicitly communicated. Implied contracts are judicial constructs inferred by courts to avoid injustice or unjust enrichment. If one party voluntarily accepts the benefits conferred upon him by another, even though substantive terms of the contract may not have been expressed, most courts will find that there was a consensual agreement between the parties, and the person performing the services is entitled to compensation. B) Void & voidable agreements:

Void Agreement: An agreement not enforceable by taw is said to be void.Sec: 2(g). A void agreement has no legal effect. It confers no rights on any person and creates no obligations. examples of Void Agreement : An agreement made by a minor; agreements without consideration; certain, agreements against public policy ; etc.. These agreements are void, i.e.., void from the beginning Voidable Agreement A voidable agreement is one which can be avoided, i.e., set aside by some of the parties to it.Until it is avoided, it is a good contract. “An agreement which is enforceable by taw at the option of one or more of the parties thereto, but not at the option of the other or .others, is a voidable contract.” Examples of voidable contracts : . A Contract brought about by coercion, undue influence, misrepresentation etc.

X coerces Y into entering into a contract for the sale of Y’s house to .X This contract can be avoided by Y. X cannot enforce the contract. But Y, if he so desires, can enforce it against X.

c) Crime: Crime is the breaking of rules or laws for which some governing authority (via mechanisms such as legal systems) can ultimately prescribe a conviction. Crimes may also result in cautions, rehabilitation or be unenforced. Individual human societies may each define crime and crimes differently, in different localities (state, local, international), at different time stages of the so-called "crime", from planning, disclosure, supposedly intended, supposedly prepared, incomplete, complete or future proclaimed after the "crime".[citation needed] While every crime violates the law, not every violation of the law counts as a crime; for example: breaches of contract and of other civil law may rank as "offences" or as "infractions". Modern societies generally regard crimes as offences against the public or the state, as distinguished from torts (wrongs against private parties that can give rise to a civil cause of action). Crime in the social and legal framework is the set of facts or assumptions (causes, consequences and objectives) that are part of a case in which they were committed acts punishable under criminal law, and the application of which depends on the agent of a sentence or security measure criminal. D) Law:

Law is a system of rules and guidelines which are enforced through social institutions to govern behavior.[2] Laws are made by governments, specifically by their legislatures. The formation of laws themselves may be influenced by a constitution (written or unwritten) and the rights encoded there in. The law shapes politics, economics and society in countless ways and serves as a social mediator of relations between people.

6.

Define BOOT contract and compare it with turnkey contract.

BOOT (build, own, operate, transfer) is a public-private partnership (PPP) project model in which a private organization conducts a large development project under contract to a publicsector partner, such as a government agency. A BOOT project is often seen as a way to develop a large public infrastructure project with private funding. Here's how the BOOT model works: The public-sector partner contracts with a private developer - typically a large corporation or consortium of businesses with specific expertise - to design and implement a large project. The public-sector partner may provide limited funding or some other benefit (such as tax exempt status) but the private-sector partner assumes the risks associated with planning, constructing, operating and maintaining the project for a specified time period.

During that time, the developer charges customers who use the infrastructure that's been built to realize a profit. At the end of the specified period, the private-sector partner transfers ownership to the funding organization, either freely or for an amount stipulated in the original contract. Such contracts are typically long-term and may extend to 40 or more years. Comparisionwith turn key contracts: to be copied from handout.

7. State current practice of contract in Nepal and suggest the measures for improving current scenario of contract management in Nepal. Define performance and breach of contract. State the methods of discharging a contract.
8.

A contract creates legal obligations ,”Performance of a contract” means the carrying out of these obligations. Each party must perform or offer to perform the promise which he has made. Section 37, Para 1, of the Contract Act lays down that, “The parties to a contract must either perform, or offer to perform, ‘their respective promises, unless such performance is dispensed with or excused under the provisions of this act, or of any other law.” Breach of contract is a legal cause of action in which a binding agreement or bargained-for exchange is not honored by one or more of the parties to the contract by non-performance or interference with the other party's performance. If the party does not fulfill his contractual promise, or has given information to the other party that he will not perform his duty as mentioned in the contract or if by his action and conduct he seems to be unable to perform the contract, he is said to breach the contract. Breaches may be Minor, Material, Fundamenal or Anticipatory. Discharge of a contract refers to the way in which it comes to an end. Contracts can come to an end in the following ways: 1. Performance 2. Breach 3. Agreement 4. Frustration 5. Conditions 6. Application of Law. 9. What is contract of Indemnity and guarantee ? Describe the types of surety bond and its discharge. CONTRACTOFINDEMNITY: It is a contract by which one party promises to save the other from loss caused to him by the conduct of the promise or himself for by the conduct of any other person. It is made in order to protect the promise against anticipated loss. The person who promises to make good the loss is called the 'indemnifier' and the person to whom the promise is made, i.e., whose loss is to be made good is called the 'indemnified' or the 'indemnity-holder'. Example:A parked his scooter at the college scooter-stand. He lost his token given by the scooter- stand contractor. The scooter-stand contractor refuses to return the scooter to A unless

he (A) gives him an indemnity bond against any loss which he may suffer if any other person claims the scooter from the contractor. "A contract of guarantee is a contract to perform the promise or discharge the liability of a third person in case of his default. The person who gives the guarantee is called the 'surety', the person in respect of whose default the guarantee is given is called the Principle-debtor', and the person to whom the guarantee is given is called the 'creditor'. A guarantee may be either oral or written." (Sec. 126). Example: A asks B to give a loan of Rs. 1,000 to C promising that if C does not return the amount, he (A) will pay the amount. In the above example A is the surety, B is the creditor and C is the principal-debtor. Whether comfort letters are Guarantees. A comfort letter issued by a bank is not a guarantee Types of Surety Bonds:
A) Continuing guarantee: A continuing 10. Define limitation of liability. Why it is necessary in contract. 11. What is Trespass. Describe the similarity and difference in tort and contract.

Trespass is an area of tort law broadly divided into three groups: trespass to the person, trespass to chattels and trespass to land.Trespass to the person, historically involved six separate trespasses: threats, assault, battery, wounding, mayhem, and maiming.

12. Write Short Notes: Comparative and contributory negligence: Comparative negligence is a partial legal defense that reduces the amount of damages that a plaintiff can recover in a negligence-based claim based upon the degree to which the plaintiff's own negligence contributed to cause the injury. When the defense is asserted, the fact-finder, usually a jury, must decide the degree to which the plaintiff's negligence versus the combined negligence of all other relevant actors contributed to cause the plaintiff's damages. It is a modification of the doctrine of contributory negligence which disallows any recovery by a plaintiff whose negligence contributed, even minimally, to causing the damages.
Contributory negligence in

common-law jurisdictions is defense to a claim based on negligence, an action in tort. It applies to cases where plaintiffs/claimants have, through their own negligence, contributed to the harm they suffered. For example, a pedestriancrosses a

road negligently and is hit by a driver who was driving negligently. Since the pedestrian has contributed to the accident, they cannot sue the driver for damages because the accident would not have occurred if it weren't for the pedestrian's own negligence. Another example of contributory negligence is where a plaintiff voluntarily disregards warnings and assumes a certain level of risk, although accepting reasonable risk while attempting to rescue another person is not considered contributory negligence.
b) Vicarious liability Vicarious liability is

a form of strict, secondary liability that arises under the common law doctrine of agency – respondent superior – the responsibility of the superior for the acts of their subordinate, or, in a broader sense, the responsibility of any third party that had the "right, ability or duty to control" the activities of a violator. It can be distinguished from contributory liability, another form of secondary liability, which is rooted in the tort theory of enterprise liability. c) Contract documents: The contract documents are one of the most important pieces that will guarantee of a successful project. This list contains the most common documents that must form part of every contract like Conditions of contract, Specifications, Drawings & BoQ. In addition to this list, there are other numerous contract support documents that can be used in combination with the standards documents. For example: Instruction Forms, Time Extension Claim, Request for Information, Preliminary Building Agreement, Progress Payment Certificate, Practical Completion Notice, Defects Document, Contract Information Statement etc. 13. Mention different methods of provision of works provisioned in PWD 2002. Describe sealed (competitive) bidding on this basis. 14. Define Insurance and Reinsurance. Describe fundamental principles of insurance contract. 15. Define claim and dispute contract. Describe the source of disputes in a construction contract. 16. Define patent rights and trademark. Describe the procedures for getting this. Patent right - the right granted by a patent; especially the exclusive right to an invention legal right - a right based in law A trademark is a distinctive sign which identifies certain goods or services as those produced or provided by a specific person or enterprise. A trade mark is a sign which is used to distinguish one person’s goods or services from those of another.

According to patent design and trademark act 2022 in Nepal, PATENT means any useful invention invented through a new method or process of the construction operation or publicity of any material or collection of materials or through any principle or formula. Any person, willing to have rights on any patent, has to register such patent under the Patent Design and Trademark Act 2022. Any patent registered in the name of any person shall not be copied use used or utilized without the patentee's written consent. Ownership of a patent can be transferred in any way to any person as movable property. If any body does or attempt to do so or encourage to do any work against these rights of patentee may be punished with a fine by the order of Department and all the materials related with such offence shall be confiscated. Person willing to patent registered in his own name shall have to apply to the Department of industry with following information including all other evidence. 1. Name, address and profession of inventor. 2. 3. 4. 5. 6. In the case of the invention not invented by the applicant himself, the conditions acquiring such right from inventor by the applicant, Method of operation or utilization of such invention Principle or formula, if such patent is based on any principle or formula Drawings and sketch of invention (if necessary) Prescribed application fee as mention in schedule

Department of industry examines the invention whether it is new or not. it is useful to the people in general or not. If it deems necessary, Department takes the advice of experts of related field Basically, Department fallow the principle of Novelty, Industrial applicability, and Inventive step to examine. TRADEMARK means any word, symbol or picture or the combination of the three used for showing difference from goods or service of others to the goods produced by any firm, company or individual or the service provided by it. Any body may have a right on any trademark of his trade or business under the act having it registered in the Department of industry in Nepal. One who is willing to get registered any trademark of his trade or business under the act shall apply to the Department in a prescribe format along with: Copy of registration or license of the business for product or service in which trademark is used or intend to use. Authorizations letter if somebody has been authorized to act on behalf of the owner to register the trademark. If the applicant is a foreigner, certified copy of any foreign

registration certificate and address for service in Nepal must be submitted with application. Receipt of payment of prescribe application fee. Separate application shall be submitted for the registration of trademark of different categories goods or services. After examination if it is found registrable, The Department of industry registers the trademark in the name of applicant and issue a certificate. 17. Potrait the current situation of engineering profession in Nepal and suggest for regulating it. 18. State different methods of procurement of consultancy service. Describe QCBS Method. The different methods for procurement of consultancy services are Quality based Selection, Quality and cost based selection, Fixed budget selection, Direct selection & Least cost selection. Th3 QCBS method shall be used where high quality is the prime consideration while cost is a secondary consideration; Procedures for Selection under the Quality and Cost Based Selection (QCBS). a) a Request for Expression of Interest (EOI) as laid down in Article 5 of this regulation is advertised to invite interested applicants/firms to contest; b) a Request for Proposals (RFP) shall be prepared and sent to short-listed consultants selected following the laid down criteria; c) the evaluation of proposals shall be carried out in two (2) stages in the following manner: i) the Technical Proposals shall be evaluated and the procuring agency may discuss technical details, if deem necessary; ii) the financial proposals of technically responsive proposals shall be opened in the presence of the applicants or their representatives who may wish to attend the opening session; and iii) a combined evaluation of technical and financial proposals shall follow and the applicant with the winning proposal will be accepted. This method is widely used method for selection as it ensures maximum economy and efficiency and allows for flexibility in weighing quality and costs depending on the case. This method will be used where high quality is the prime consideration while cost is a secondary consideration. Since under QCBS the cost of the proposed services is a factor in the selection, this method is appropriate when: i. the scope of work can be precisely defined; ii. the TOR are well specified and clear; and iii. the procuring agency and the consultants can estimate with reasonable precision the personnel time as well as the other inputs required of the consultants The disadvantage is that it slows down the process very considerably – often by many months. 19. Write short notes on

a) Different stakeholders and their roles within the project Stakeholder is everybody who is involved in the project or whose work or interest might be affected by Project. Stakeholders may have varied level of interest, involvement, and influence on the project. It is extremely important to identify all the stakeholders and manage them as Stakeholders can have negative and positive influence on the project. The stakeholders can include Customer, End Users, Sponsor, Program manager, Portfolio Manager, PMO, Project manager, Project Team, Functional Managers, Operation Managers, Sellers, Vendors, Legal department. Customers/End Users/Rightholder/Beneficiaries – These are people who will be using the Project output and they are the one who will ultimately benefit from the project. Sponsor/Donor – Donor/Sponsor is the person or a Group, who generally provide financial support and act as the advocate of the project. Sponsors act as escalation path for the issues that Project Manager can not handle. Sponsor provides key input to the scope and project charter. Charter is then signed by Senior Management. Government Structures: Local authorities and the line ministries are the key stakeholders to monitor the project according to rules and regulations. Portfolio Manager – Portfolio Manager might increase or decrease the priority of the project and might be involved in the selection of project by looking at ROI. Program Manager – Provides support and oversight to the project. Project Management Office – Might provide support and guidance to Project Management team. Project Manager – Key person responsible for achieving Project objectives by managing key constraints. Project Team – All team members involved in the project including Project Manager, Project management team members, and Other team members. Functional managers - Provides functional resources for functional expertise in the project. Operational Manager – Includes key Business area in the organization. After closing, Project outcome is handed over to Operational Manager. Sellers/Vendors – Provides external service or expertise to the project.

b) Patent design and trademark According to patent, design and trademark act 2022 "Patent" means any useful invention relating to a new method of process or manufacture, operation or transmission of any material or a combination of materials, or that made on the basis of a new theory or formula. "Design" means the form or shape of any material manufactured in any manner. "Trade-mark" means word, symbol, or picture or a combination thereof to be used by any firm, company or individual in its. The term ‘intellectual property’ has come to be internationally recognized as covering patents, industrial designs, copy right, trademarks, know-how and confidential information. Patents, designs and trademarks used to be considered as different kinds of ‘industrial property’. Although the creation of a trademark has very little to do with intellectual creativity, it cannot be doubted that patents, designs and copyright are the products of intellectual effort and creative activity in the field of applied arts or technology and fine arts. The scope of intellectual property is expanding very fast and attempts are being made by persons who create new creative ideas to seek protection under the umbrella of intellectual property rights. The substantive law of trademarks is based on the concepts of distinctiveness and similarity of marks and similarity of goods. Copyright is based on the concepts of originality and reproduction of the work in any material form.

c) Corporation and company:
Corporation is

widely used to describe incorporated entities, especially those that have a large number of shareholders, and in respect of which, ownership can be transferred without the need for the consent of other shareholders. An incorporated entity is a separate legal entity that has been incorporated through a legislative or registration process established through legislation. Incorporated entities have legal rights and liabilities that are distinct from its shareholders and may conduct business for either profit-seeking business or not for profit purposes.

A company is

a business organization. It is an association or collection of individual real persons and/or other companies, who each provide some form of capital. This group has a common purpose or focus and an aim of gaining profits. This collection, group or association of persons can be made to exist in law and then a company is itself considered a "legal person". The name company arose because, at least originally, it represented or was owned by more than one real or legal person. In Nepal a company means a limited company registered under the company act 2006. 20. Case study. In this case in my opinion the contractor can sue the engineer for the increased cost if it is due to the inaccurate drawings only.As the designer failed to perform his following duties and responsibilities, he may be sued. Designer duties apply from project conception. The designer is critical to securing reduced risk in the construction phase and during future maintenance and use of structures. In this context the designer should have delat with contractor before finalizing the drawings but he failed to do it. The way designers meet this duty can be built into routine business procedures covering client meetings and liaison.It is sensible to retain written evidence that client awareness has been established before work is started for any client on a project. In this context the engineer can not escape away saying he has not contract with contractor. Designers should not accept a project engagement unless their design business, and those carry out or managing design, are competent. He need to have interacted with contractor.