Professional Documents
Culture Documents
Law Question PDF
Law Question PDF
engineer
is being
pressured
by her
client (a
real estate
developer)
to certify a
building
as ready
for
occupancy
. Which
issue
should the
engineer
consider
first and
foremost?
Delivery of prompt and professional services to the engineer's client.
The need for compensation of contractors who will only be paid upon
certification.
Whether the building is safe for occupancy by the public.
Who sets the ethical standards which professionals are bound by?
The body of case law generated through hundreds of years of court cases
defines the appropriate course of action for ethical dilemmas.
More certain than a balance of probabilities, but less certain than beyond a
reasonable doubt.
Beyond a reasonable doubt.
Absolute certainty.
Insurance generally covers the cost of legal counsel for defending all allegations
of professional misconduct.
Insurance only applies after a finding of misconduct and therefore never covers
the cost of defending allegations.
The costs of legal counsel for defending allegations that relate to intentional
behaviour such as fraud are generally not covered, but the costs of defending
allegations in relation to unintentional acts such as negligence are generally
covered.
All of the above are false.
The role of the expert is to assist the court in understanding technical matters.
The City seeks an opinion from an engineer on the best route for a new
highway, and one of the two main options would result in a noisy road passing
close by the engineer's residence.
A geoscientist arrives at a project site to perform soils testing for the purpose of
assessing foundation type, and discovers that the landowner is an acquaintance
he attended elementary school with.
An engineer is asked to rate the relative competence of two bidding contractors,
and one of the contractors is the engineer's brother.
All of the above involve conflicts of interest.
Which of the following would be a breach of the duty of loyalty by a
mechanical engineer who works for a company that does only air
conditioning system design?
Assisting a friend who is a bicycle shop manager install an extractor fan in a
bicycle workshop.
Working in a bicycle repair shop on the weekends.
Fine only.
Provide the opinion on the information given without any written or verbal
expression of concern regarding the sufficiency of the information provided.
Clearly set out in the report the information on which the opinion is based, state
all assumptions underlying the opinion, and state that the opinion may change if
the assumptions made or information relied on are inaccurate.
Fraud.
Negligent misrepresentation.
Breach of contract.
Negligence.
Breach of contract.
Rylands v. Fletcher.
Because contracts are carefully drafted, change orders rarely occur except on
large projects.
When the contractor has completed the work, but before the certificate of
completion is issued.
When the contractor declares that the work is finished and ready for inspection.
The bidder will be obliged to enter into Contract B if the owner accepts the bid.
The bidder must negotiate with the owner if the owner so requests.
The rights the insurer receives are no greater than the rights the insured had to
give.
Insurance coverage may be lost if subrogation rights are compromised.
A claim by the owner because a negligently designed wall fell down and
damaged other property.
A claim by the owner for negligent design that resulted in water ingress.
If a bid bond is in place, the owner may have fewer remedies against a
defaulting bidder than if there had been no bid bond.
After compensating the owner for the default of the bidder, the surety will be
able to recover against the bidder.
The liability of the bidder to the owner may be limited by the terms of the bid
bond.
Having a surety provide a bond is the only way for a bidder to provide a bid
bond.
Employer-employee.
Union-management.
Employee-construction contractor.
Sex.
Education.
Religion.
Race.
All aboriginal people who will be affected by the project and who have a proven
claim against the land affected by the project.
All aboriginal people who will be affected by the project.
Which of the following rights does the copyright holder not hold in
relation to a book?
Misrepresentation.
Mistake.
Change orders.
Unforeseen conditions.
Indemnities.
A toll road.
Assuming it is the only breach of contract that occurred, which of the
following would likely be a fundamental breach of a contract to build a
house?
The owner failing to specify the colour of paint for the living room until a week
past the date for doing so.
Failure by the contractor to remove all unused building materials from the site.
The plaintiff was partly responsible for the harm they suffered.
Yes, because brakes determine the safety of the car, B had an obligation to
disclose the fault.
No, A did not ask B any questions and so B was not under a duty to disclose
information regarding patent defects.
Yes, a seller has no right to assume that the buyer is knowledgeable about
cars.
Under which tort may a car manufacturer be liable for injury resulting
from defective seatbelts?
Nuisance.
A contractor.
An architect.
As-built schedule.
Salary.
Length of vacation.
Which of the following best describes who may use the title
"Professional Engineer"?
Given the limited number of qualified professionals there would not be sufficient
professional manpower to complete the work required if the definition was broad
and did not contain exclusions.
Professional liability insurers are not prepared to insure broad categories of
work.
Exclusions protect the right of professionals to refuse to perform certain types of
work.
Exclusions are required to ensure that professionals in neighbouring and
overlapping professions are not in breach of statute of for merely practicing the
profession they are registered to practice.
Professionals should not give their seal for others to use on their behalf.
Using a professional seal means that the professional has personally prepared
or supervised the preparation of the documents.
A letter by a professional stating that that work has been done in accordance
with the plans or specifications.
An assurance that a project will be constructed within budget.
An assurance that the professional's fee will not exceed the amount quoted at
the start of the project.
Unless the professional is sued by party who has suffered from the wrong, there
will be no consequences.
A breach of a code of ethics may also be a breach of a legal duty and so the
breaching professional may face civil liability in addition to disciplinary action.
Only the most egregious breaches of professional ethics result in disciplinary
action.
The professional will be subject to disciplinary action by the regulatory body, but
will be protected from civil liability.
The temptation to cut costs for the benefit of the client even though public
safety might be compromised.
The reluctance of a professional to expend sufficient hours on a task when the
budget has been exhausted and the client is not willing to pay additional fees.
The temptation to approve slightly defective work to appease a contractor the
professional is friends with.
A situation where the professional's duties to the public, the client, the
employer, the profession, or him or her self point to different courses of action
in a particular situation.
Conduct may be criminal or unethical, but the same act cannot be both criminal
and unethical.
All of the above are false.
Standard of perfection.
What first steps should a professional take when faced with a conflict
of interest involving the duty of loyalty to the client?
Consider disclosing the conflicting interest to the client with a view to discussing
whether the client is prepared for the professional to continue acting in the
circumstances.
The employer may be able to sue the employee for profits lost by the employer
due to competition by the employee.
Profit earned by the employee may be ordered handed over the employer.
Deny the extra and maintain that the design was adequate.
Approve payment of 50% of the extra if the architect is unsure whether the
design was adequate.
Acknowledge that the design was impractical and approve the extra.
Obtain insurance to cover that risk before agreeing to enter into the contract.
Who of the following would not be personally liable for the costs of
environmental cleanup?
The owner wants flexibility to change the design while the project proceeds.
All of the above are tasks that may be completed by the owner's consultant.
The invitation is always required to include statutorily defined rules for rejecting
bids.
The invitation sets out the criteria by which bids will be evaluated.
Consultants are seldom liable for the advice they give because full legal
protection can be achieved by exclusion of liability clauses.
Good faith is seldom a defence for consultants.
Consultants may be sued for defamation if they advise owners to reject bids.
The recipient actually opens the envelope and reads the contents.
Which of the following will not likely lead to a conflict between the
insurer and the insured?
A strong claim is made and the value of the claim is within the coverage limit.
A claim is made alleging conduct that arguably falls outside the policy
coverage.
A weak claim is made within the coverage limit.
The cost of repair to a lobby canopy that is damaged by a falling window after
its defective hinge failed.
The cost of repairing cracks in a neighbouring house which resulted from the
contractor providing inadequate lateral support when excavating for a
foundation.
Fraud by employees.
They require the surety to complete the obligations the defaulting principal was
obliged to meet.
They are put in place at the start of the construction project.
The rules of agency apply between the union and the employees it represents.
Only the official representative union of the employees can negotiate with the
employer.
The agreement reached between the union and the employer binds all
unionized employees.
The employer can discourage the employees from supporting a particular union
for negotiation purposes.
Persons not part of the union have the right to ignore the picket line and attend
work.
Employers can hire temporary replacement workers.
Which workers are generally laid off first when a collective agreement
is in place?
If the contract between the owner and the contractor fails to specify
who is responsible for occupational health and safety on the work site,
who is responsible for safety?
The owner.
The owner is responsible for the first half of the contract, the contractor is
responsible for the second half.
The owner and the contractor share the responsibility for the entire contract.
The contractor.
Trademark law.
Copyright law.
Patent law.
Common law.
It must be useful.
The letter may be inadvertently worded like an offer which is then accepted to
create a binding contract.
Both parties may commence work without ever creating a formal contract,
which will create problems if a dispute arises.
There may be no consideration to make the letter a valid contract.
A principal will not be bound by the acts of an agent unless actual authority
exists.
Not all acts by a party who is an agent will be performed in their role as agent.
For which of the following project delivery models does the owner take
the greatest risk of changes in law?
Design-build-operate.
Design-build.
Construction management.
Design-bid-build.
Cost-plus contract.
Alliance agreement.
The risks borne by the concessionaire are typically short term in nature.
User fees are typically the source of revenue from which the concessionaire is
compensated.
Which of the following is an unintentional tort?
Fraud.
Negligence.
Trespass.
No party is forced to live with a result which it did not agree to.
Which of the following is a reason why a lien claim may not succeed?
The lien claimant did not file a lien action in the correct court registry.
The deficiencies in the work exceeded the value of the lien claim.
The filed documents were not properly notarized.
The existence of a duty to not interfere with the another party's performance of
the contract.
Breach of the duty to not interfere with another party's performance of the
contract.
That the breach of duty (to not interfere) caused a delay, or a need for
acceleration.
The person performing the work gets paid a set amount, regardless of how long
it takes to perform the work.
The employer requires the person performing the work to have insurance
coverage.
The employer directs where and when the work is to be done.
The employer states how many workers will perform each task.
Professionals may opt to register with industry associations rather than the
applicable professional regulatory body.
Which of the following statements is false regarding technical groups
and associations?
Technical societies may own the copyright in technical standards they produce.
Professionals are required to join the provincial technical group related to their
primary area of professional practice.
Professionals have to charge set rates for work falling within the scope of
practice.
Only registered professionals can perform work within the scope of practice.
The scope of practice defines the subject matter on which professionals are
tested every 5 years to evaluate competence.
The scope of practice limits the type of work that can be done by registered
professionals.
Replicate what was done on a previous design by another engineer in the firm.