You are on page 1of 41

CHAPTER 1

Ethical Issue: An Example


 A case of Ford Pinto (10 Aug 1978) in Indiana
 Impact of collision caused the Pinto’s fuel tank to rupture and burst in to flames
killing 3 teenage girls riding in the car.
 Substandard materials used
 Court case

Why Study Engineering Ethics?


 Engineer’s technical work has far-reaching impacts on society.
 The work of Engineers can affect public health and safety and can influence
business practices and even politics.
 Several cases that have received a great deal of media attention led Engineers to
gain an increased sense of their professional responsibilities.
 Good people already know the right thing to do, and bad people aren’t going to do
the right thing no matter how much ethical training they receive (Fleddermann,
C.B).
 Study of Ethics helps
 Clarity in thought
 Reinforcement of ethics
 People becoming virtuous
 Adhering to organizational values
 Reduce and avoid stress
 Build character, etc.

Structure of Social Order


Moral

 Of or concerned with the judgment of the goodness or badness of human action


and character
 Moral applies to personal character and behavior measured against standard
goodness

Ask your mind whether it is good or bad


Ethics
 The rules or standards governing the conduct of a person or the members of a
profession: eg. Medical ethics
 Stresses conformity with the idealistic standards of right and wrong

To compare what you are doing with your society rules and define whether it is
acceptable or not
CHAPTER 3

Factors Affecting Moral of Individuals in Relation to Professional

 Human Behavior
 Biographical Characteristics
 Theory of Human Motivation
 Theory X, Theory Y and Theory Z
 Hierarchy of needs

Biographical Characteristics
 Finding and Analyzing the variables that have impact on employee
 Productivity
 Absence
 Turnover
 Satisfaction
 Many of the concepts such as motivation, power, organization, politics, culture
are difficult to assess, but some other factors are more easily definable and readily
available
 Age
 Gender
 Marital status
 Length of service, etc.

Age
 The older you get, the less likely you are to quit your job.
 In general, older employees have lower rates of avoidable absence.
 A belief exist that productivity declines with age. However reviews of the
research find that age and job performance are unrelated.
 A positive association between age and satisfaction
 When the two types, professional and nonprofessional employees, are separated,
satisfaction tends to continually increase among professionals as they age,
whereas it falls among nonprofessionals during middle age and then rises again in
the later years.

Gender
 There are few, if any, important differences between men and women that will
affect their job performance. There are no consistent male-female differences in
problem-solving ability, analytical skills, competitive drive, motivation,
sociability, or learning ability.
 Women are found more willing to conform to authority and the men are more
aggressive and more likely than woman to have expectations of success
 There is a difference in terms of preference for work schedules. Some studies
have found that women have higher turnover rates; others have found no
difference.
 Women have higher rates of absenteeism than men do.
Marital Status
 No evidence to draw any conclusions about the effect of marital status on
productivity.
 Married employees have fewer absences, undergo less turnover, and are more
satisfied with their jobs than are their unmarried coworkers.

Tenure
 Studies demonstrate that seniority to be negatively related to absenteeism.
 Tenure has consistently been found to be negatively related to turnover.
 Tenure and satisfaction are positively related ???

Human Motivation
 Mc Gregor
 Theory X and Theory Y
 William Ouchi
 Theory Z

Theory X
 Assumptions:
 Humans inherently dislike working and try to avoid it if they can
 Because people dislike work they have to be coerced or controlled by
management and threatened so they work hard
 People don’t like responsibility
 Average humans are unambiguous and need security at work
 Application:
 Shop floor, mass manufacturing-production workers
 Management Style:
 Authoritarian, Hard management

Theory Y
 Assumption
 People view work as being as natural as play and rest. Humans expend the
same amount of physical and mental effort in their work as in private lives
 Provided people are motivated, they will be self-directing to the aims of
the organization. Control and punishment are not the only mechanism to
make people work.
 Job satisfaction is key to engaging employees and ensuring their
commitment
 People learn to accept and seek responsibility, Average humans, under the
proper conditions, will not only accept but even naturally seek
responsibility.
 People are imaginative and creative. Their ingenuity should be used to
solve problems at work
 Application:
 Professional services, Knowledge workers- Managers and Professionals
 Management Style:
 Participative, Soft management

Theory Z
 It is a Combined American and Japanese management
 Long term employment
 Collective decision making
 Individual responsibility
 Slow evaluation and promotion
 Informal control
 Moderately specialized career paths
 Holistic concern for the employee including family

Theory of Motivation: Hierarchy of Needs


 Human motivated by unsatisfied needs

Self Actualization
 mission of reaching one's full potential as a person
 Self-actualized people tend to have motivators such as:
 Truth
 Justice
 Wisdom
 Meaning
only a small percentage of the population reaches the level of self-actualization.

Esteem Needs
 Recognition
 Attention (external motivator)
 Social Status (external motivator)
 Accomplishment (internal motivator)
 Self-respect (internal motivator)
Social Needs
 Friendship
 Belonging to a group
 Giving and receiving love

Safety Needs
 Living in a safe area
 Medical insurance
 Job security
 Financial reserves

Physiological Needs
 required to sustain life, such as:
 Air
 Water
 Food
 Sleep

Discussion Questions
 A sales representative offers you a coffee mug with his company’s name and logo
on it. The value of the mug is NRs100. Can you accept?
 Does the answer to this question change if this item is a Nrs. 1000 crystal bowl
with the name of the company engraved on it?
 How about if there is no engraving on it?
Lunch with sales representative
 At fast food and pay for your lunch
 Is this practice acceptable?
 Does the answer to this question change if you go to an expensive restaurants in a
5-star hotel? If the sales representative pays for you?
CHAPTER 3

Factors Affecting Moral of Professionals

Values
 Values are those things that are important to and valued by individual or an
organization
 Values are what we judge to be right
 What does ‘generally considered to be right” mean?
 Look at the positive value of society and the organizations one belong to
 Personal Values
 Cultural Values

Personal Values
 Developed very early in life
 May be resistant to change
 May be derived from particular systems or groups: Culture, Religion, political
association
 Personal Values are not universal
 One’s family, generation, history help determine one’s personal values
 Researches has shown that adolescents who are involved in groups that connect
them to theirs in school, their communities, or religious institutions report higher
levels of social trust, commitments to the common good of people.

Cultural Values
 Are largely shared by their members
 Members consider that is important, valuable
 Material comfort/Wealth
 Competition/cooperation
 Individualism/group, etc.
 How does our Culture value
 Teachers/professor
 Govt. officer/engineer
 Private company workers
 Political leaders
 Values are related to Norms
 Norms: rules for behavior in particular situations; unstated rules
 E.g. Flying national Flag on national day is a NORM; it reflects the VALUE of
Patriotism
 Japanese culture: wearing dark clothing (black suit, tie) is a norm at funeral; it
reflects the values of respect and support of friend and family

Attitude
 Judgment concerning object, people or events
 Underlying way we think, feel and act
 Positive or negative consequences of behavior
 Attitude develop on
 Affective- emotional response,
 Behavior-verbal indication, typical behavioral tendency
 Cognitive- evaluation through thought, experience and sense
 Judgment concerning object, people or events
 Underlying way we think, feel and act
 Positive or negative consequences of behavior
 Negative attitude
 Positive attitude
 Neutral attitude

Job Satisfaction
 Job satisfaction is a pleasurable or positive emotional state resulting from the
appraisal of one’s job (Edwin Locke)
 Is an affective reaction to one’s job
 Is an individual’s general attitude towards his or her job
 Is a set of favorable or unfavorable feelings and emotions with which employees
view their work. It is an affective attitude- a feeling of relative like or dislike
toward something. (J. W. Newstorn and Keith Davis)

Influence on Job Satisfaction


 The work itself
 Pay
 Promotions
 Supervision
 Workgroup
 Working conditions

Outcome of Job Satisfaction


 Satisfaction
 Productivity
 Low turnover
 Low absenteeism
 Others (e.g. better mental, etc)

A simple way of measuring Job Satisfaction


 Questionnaire survey using rating scale
 Question related to
 Rate of pay,
 Work responsibility
 Variety of tasks,
 Promotional opportunity
 The work itself
 Co-workers
 Questionnaire survey using rating scale
 Ask “Yes” or “No”
 Rate satisfaction e.g. 1-5 scale (where 1 represents “not at all satisfied”
and 5 represents “extremely satisfied”

Model of Job Satisfaction


 Affect theory (Edwin A. Locke)
 Two factors theory (Herzberg)

 Affect theory (Edwin A. Locke)


 Satisfaction is determined by a discrepancy between what one wants in a
job and what one has in a job.
 How much one values a given facet of work (e.g. Degree of autonomy in a
position) moderates satisfied/dissatisfied one becomes when expectation
are/aren’t met.

Two factor theory


 Hygiene factors:
 are needed to ensure an employee does not become dissatisfied
 Do not lead to higher levels of motivation, but without them there is
dissatisfaction
 Motivation factors:
 Are needed in order to motivate an employee into higher performance.
 These factors result from internal generators in employee
 Hygiene factors:
 Working conditions
 Quality of supervision
 Salary
 Status
 Security
 Company
 Job
 Company policy and administrations
 Motivation factors:
 Achievement
 Recognition for achievement
 Responsibility for task
 Interest in the job
 Advancement to higher levels tasks
 High Hygiene – High Motivation: highly motivated and fewer complain
 HH- LM: few complaints but not highly motivated.
 LH – HM: motivated but a lot of complain. Job is exciting but low salaries.
 LH – LM: unmotivated employee with lots of complaint

Code of Ethics
 Professionalism
 Code of ethics

Is Engineering a Profession
 Job
 Any work for hire, regardless of the skill level and responsibility granted
 Occupation
 Employment through which someone makes a living
 Profession

What is profession
 Work that requires sophisticated skills, the use of judgment and the exercise of
discretion. Not routine and is not capable of being mechanized.
 Membership in the profession requires extensive formal education, not simply
practical training
 To set standards for admission to the profession, to set standards of conduct for
members and to enforce
 Significant public good results from the practice of the profession (Martin and
Schinzinger 2000)

Requirements to be a Profession
 Requires extensive skills
 Judgment: decision based on academic/formal training, gives serous impact to
lives of people
 Discretion- in performing one’s duty and keeping confidentiality of patent…
 …
 Carpentry
 Require special skills
 But many work can be mechanized
 A little judgment and discretion required
 Training in Carpentry not formal but rather is practical
So Carpentry doesn’t meet the requirements to be a profession

Engineering as a Profession
 Requires extensive and sophisticated skills
 Discretion is required: intellectual property, business information confidentiality,
etc.
 Judgment
 Mechanization
 Cannot be mechanized
 Each new situation that requires new design and modification
 E.g. CAD is a tool and this should not be mistaken for mechanization.
 Requires extensive formal education/training
 Serve for the public good

Engineering and Other Profession


 Engineering
 Medical
 Lawyer

Herbert Hoover’s view (31st President of the US)


The great liability of the engineer compared to men of other professions is that his works
are out in the open where all can see them. His acts, step by step, are in hard substance.
He cannot bury his mistakes in the grave like doctors. He cannot argue them into thin air
or blame the judge like the lawyers. He cannot, like the architects, cover his failures with
trees and vines. He cannot, like the politicians, screen his shortcomings by blaming his
opponents and hope that the people will forget. The engineer simply cannot deny that he
did it. If his works do not work, he is damned.

Aspects of Professional Societies


 Sociologist’s opinion
 Social-contract

 Business Model
 Social-contract
 As being set up primarily to further the Public Good
 Implicit social contract
 Society grants such as high pay, a high status, etc.
 In return society receives services provided by the profession

 Business Model
• Professions function as a means for furthering the economic
advantage of the members
• Labor unions for elite,
• limiting the number of practitioners of the profession
• Artificially inflating the salaries of its members

Engineering as a Profession
 How does Engineering fit in Social-contract and Business model?

Code of Ethics
 Codes of Ethic express
 The right
 Duties
 Obligations of the members of the profession
What is code of ethic?
 Framework for ethical judgment for a professional
 No code can be totally comprehensive and cover all possible ethical situation
 Rather, code serve as a starting point for ethical decision making
 Code also express commitment to ethical conduct shared by members of a
profession.
 Code defines the roles and responsibilities of professionals (Harris, Pritchard and
Robins, 2000)

Importance of Codes (refer: Martin, M.W.)


 Serving and Protecting the public:
 Professionals stand in a fiduciary relationship with the public.
 Code of ethics functions as a commitment by the profession as a whole
that engineers will serve the public health, safety and welfare.
 Guidance:
 Codes provide general guidance on the main obligation of engineers.
 Inspiration:
 Code expresses collective commitment to ethics
 Positive motivation for ethical conduct
 Shared standards:
 Profession establishes explicit standards
 Public is assured of a minimum standard of excellence on which it can
depend engineers.
 Support for responsible professionals:
 Positive support to professionals to act ethically
 Can serve as legal support for engineers for professional obligations
 Education and mutual understanding:
 Widely circulated and officially approved by professional societies
 Codes can be used in the classroom to discuss and reflect moral issue
 Discipline:
 Formal basis for investigating unethical conduct
 Some professional societies do suspend or expel members whose
professional conduct has been proven unethical
 Contributing to the professional’s image
 Codes can present a positive image to the public
 Can help engineers more effectively serve the public where the image is
warranted

What a code of ethic is not?


 Is not a recipe for ethical behavior; it is only a framework for arriving at good
ethical choice
 Is never a substitute for sound judgment
 Is not a legal document?????
 Code of ethics doesn’t create new moral or ethical principles. These principles are
well established in the society, and foundations of such go many centuries back.
How does a code of ethics help achieve goals?
 Help create environment within a profession where ethical behavior is the norm
 Serves as a guide or reminder of how to act in a specific situation
 Code provides a backup for an individual who is being pressured by a superior to
behave unethically
 A support for a collective sense of correct behavior
 Code can indicate to others that the profession is seriously concerned about
responsibility, professional conduct.
CHAPTER 4

Ethics and Contractual Requirements in Construction Contracts

Construction Project Execution System


1) Three Actors System
(e.g. FIDIC contract)
2) Two Actors System
(e.g. NCB, Japanese system)

Three Actors System (FIDIC Contract)

Two Actors System (Practices in Japan)


Project Manager
 Appointed by the Employer – responsible for supervising the execution of the
Works and administering the Contract
 Is not a contracting party to the construction

Project Manager’s Responsibilities


 Exercise the stated authority in the Contract
 Represent the Employer
 Decide fairly and impartially
 Approve (disapprove) Contractor’s personnel
 Clarify queries on the Contract Data
 Approve (if comply with the specifications and drawings) the specifications and
drawings of temporary works submitted by the Contractor
 Give instruction for dealing discoveries in site
 Approve the construction program and updated schedule
 Extend intended completion date if compensation event occurs or a Variation
 Give decision within 21 days of the Contractor asking the PM for a decision on
extension of time
 Instruct the Contractor
 Record the business management meeting and provide copies of the record to the
attending members and to the Employer
 Check the Contractor’s work and notify the Contractor of any defects
 Instruct the Contractor to carry out a test
 Give notice to the Contractor of any defect before the end of Defect liability
Period
 Assess the cost required for correcting the defects if the Contractor failed to
correct them
 Get prior approval of the Employer to vary a contract by more than …
 Assess the quotation submitted by the Contractor for carrying out the Variation
 Check the Contractor’s monthly statements and certify the amount to be paid to
the Contractor
 Decide the additional cost and time required if Compensation events occurred
 Adjust the Contract Price if taxes, duties, and other levies are changed between
the date 28days before the submission of bids and the date of the last Certificate
of Completion
 Issue Certificate of Completion, Defect liability Certificate
 Certify the final payment that is due to the Contractor within 56 days of receiving
the Contractor’s final account
 Withhold the amount stated in the Contract if the Contractor does not supply the
drawings and/or manuals by the dates stated in the Contract
 No authority to relieve the Contractor of duties or obligations, etc.

Contractor’s Duties/Responsibilities
 Construct and install the works accordance with the Specifications and drawings
 Take approval from PM before subcontracting any part
 Not assign the Contract without approval of the Employer in writing
 Cooperate and share the site with other contractors (employed by the same
Employer or Other??), Public authorities, utilities and the Employer in the dates
as referred to in the Contract Data
 Employ either the key Personnel named in the manning Schedule (qualification)
or other personnel approved by the PM
 Remove any person (member of Contractor’s staff) within 7 days if asked by the
Project manager stating with reasons
 Not employ child labor allowed
 Follow all labor laws/rules
 Provide, in the joint name, insurance cover
 Verify the availability and suitability of construction materials in preparing the bid
 Commence execution of the work on the Start date and Carry out the works
according to the schedule submitted, updated; complete them by Intended
completion date
 Submit specification and drawings for the temporary works for the PM’s approval
 Take responsibility for the design of temporary works
 Obtain third parties approval if required
 Make arrangement for the safety of all activities on the site
 Notify the PM of any discoveries
 Allow the PM and any other person authorized by the PM access to the site
 Carry out all instructions of the PM which comply with the laws of Nepal
 Permit the Donor Agency to inspect the Contractor’s accounts and records
 Cooperate in appointment and replacement of the Adjudicator
 Pay half of the cost of the Adjudicator
 Submit work program to the PM for his approval
 Submit the PM for his approval the updated work program and updated Cash
Flow forecast at interval specified in the Contract data
 Warn the PM at the earliest opportunity of likely future events/circumstances that
may adversely affect :
 quality of works
 increase the Contract Price
 delay the execution of work
 Provide estimate of the expected effect of such events/circumstances
 Cooperate with the PM to avoid/mitigate the unwanted events/circumstance
 Search defect, and uncover and test any work if requested by the PM
 Carry out test (even not specified in the contract) at own cost to ensure the defect
free work
 Correct the notified defect within time specified by the PM
 Provide the PM with a detailed cost breakdown of any new rate if requested by
the PM
 Provide the PM with a quotation for carrying out Variation if requested by the PM
 Submit monthly progress (statement of the works executed less the cumulative
amount certified previously
 Pay liquidated damages
 Demonstrate the proper utilization of the Advance Payment received
 Provide Performance Securities as specified in the Letter of Acceptance
 Submit a detailed final account before the end of Defect Liability Period
 Duty to maintain the quarry sites, excavated deposits, etc.
 Arranging safety, security and maintaining the environment of the site
 Pay VAT
 Pay income taxes
 Comply with Regulations for explosives
 Obtain permission as required for blasting
 Provide records of Explosives
 Provide necessary safety and arrangement for traffic diversion

FIDIC Red Book 1999


Roles of the Engineer
1) Employer’s Agent
2) Certifier
3) Decision Maker in Claim/Dispute settlement process

Red Book 1999


Changing role of the Engineer
 1987 Edition Clause 2.6 “Engineer to Act Impartially” has been deleted
BUT Duties and Powers of Engineer basically not changed
 1999 Edition - Engineer functions Employer’s agent representative –
therefore not really “impartial”?
 Clause 3.1 in 1999 Edition stipulates as follows;
“Except as otherwise stated in these Conditions:
(a) whenever carrying out duties or exercising authority, specified in or implied
by the Contract, the Engineer shall be deemed to act for the Employer;”
 Engineer must consult and there must be a duty on the Employer to
appoint a professionally competent person.

Red Book 1999


New duty of Engineer
 1999 Edition has Clause 3.5 feature called “Determination” and Engineer
shall make a “fair determination” where the Contract requires
 Engineer’s Determination is now to be:-
 unbiased and professional,
 after due consultation with Employer and Contractor, and
 with proper interpretation of the Contract so that it will remain
valid if challenged

Red Book 1999


Limits to Engineer’s Authority
 1987 Edition clause 2.1 requires the Contract to state when the Engineer needs
position to exercise his authority
 1999 Edition and Harmonised Edition have similar provisions
 Harmonised Edition [but not 1999 Edition] clause 3.1 also sets out optional
matters when it might be reasonable for the Employer to require consultation
before the Engineer exercise his authority (extensions of time, variations,
approving Contractor variations, specifying amounts in various currencies for
payment)
 1999 Edition prohibits further restraints but Harmonised Edition just requires the
Contractor to be informed
 1999 Edition and Harmonised Edition both confirm any actual exercise of
authority even if consultation has not been made

Challenge to Unfair Decision of the Engineer


CHAPTER extra (important)

Licensure Model and Code of Ethics

Engineering Licensure Model (NSPE)


 Step 1: Become an Engineer Intern
 Step 2: Gain professional experience
 Step 3: Prepare for and take the PE exam

 Step 1: Become an Engineer Intern (the first step – toward full PE licensure)
 Graduate from an engineering program approved by your state's licensure
board
 Successful in completing the Fundamentals of Engineering (FE) exam
 Step 2: Gain professional experience
 All states require that candidates complete four years of qualifying
engineering experience, typically under the supervision of a professional
engineer.
 Step 3: Prepare for and take the PE exam
 the final step in attaining licensure is successfully completing the
Principles and Practice of Engineering (PE) exam.

Licensure Model

ASCE- Code of Ethics


 Fundamental Principles
Engineers uphold and advance the Integrity, Honor and Dignity of the engineering
profession by:
1. Using their knowledge and skill for the enhancement of human welfare and the
environment
2. Being honest and impartial and serving with fidelity the public, their employers
and clients
3. Striving to increase the competence and prestige of the engineering profession,
and
4. Supporting the professional and technical societies of their disciplines

 Fundamental Canons:
1. Engineers shall hold paramount the safety, health and welfare of the public and
shall strive to comply with the principles of sustainable development in the
performance of their professional duties.
(sustainable development: is the challenge of meeting human needs for natural
resources, industrial products, energy, food, transportation, shelter, and effective waste
management while conserving and protecting environmental quality and the natural
resource base essential for future development, ASCE, 1996 Nov)
2. Engineers shall perform services only in areas of their competence.
3. Engineers shall issue public statements only in an objective and truthful manner
4. Engineers shall act in professional matters for each employer or client as faithful
agents or trustees, and shall avoid conflicts of interest.
5. Engineers shall build their professional reputation on the merit of their services
and shall not compete unfairly with others
6. Engineers shall act in such a manner as to uphold and enhance the honor,
integrity, and dignity of the Engineering profession
7. Engineers shall continue their professional development throughout their careers,
and shall provide opportunities for the professional development of those
engineers under their supervision.

Guidelines to Practice: under fundamental Canon 1


Engineers shall hold paramount the safety, health and welfare of the public and shall
strive to comply with the principles of sustainable development in the
performance of their professional duties.
a. Engineers shall recognize that the lives, safety, health and welfare of the general
public are dependent upon engineering judgments, decisions and practices
incorporated into structures, machines, products, processes and devices
b. Engineers shall approve or seal only those design documents, reviewed or prepared
by them, which are determined to be safe for public health and welfare in
conformity with accepted engineering standards
c. Engineers whose professional judgment is overruled under circumstances where
the safety, health and welfare of the public are endangered, or the principles of
sustainable development ignored, shall inform their clients or employers of the
possible consequences.
d. Engineers who have knowledge or reason to believe that another person or firm
may be in violation of any of the provisions of canon 1 shall present such
information to the proper authority in writing and shall cooperate with the proper
authority in furnishing such further information or assistance as may be required.
e. Engineers should seek opportunities to be of constructive service in civic affairs
and work for the advancement of the safety, health, and well-being of their
communities, and the protection of the environment through the practice of
sustainable development.
f. Engineers should be committed to improving the environment by adherence to the
principles of sustainable development so as to enhance the quality of life of the
general public.

Guidelines to Practice: under fundamental Canon 2


Engineers shall perform services only in areas of their competence.
a. Engineers shall undertake to perform engineering assignments only when qualified
by education or experience in the technical field of engineering involved.
b. Engineers may accept an assignment requiring education or experience outside
their own fields of competence, provided their services are restricted to those
phases of those project in which they are qualified. All other phases of such
project shall be performed by qualified associates, consultants or employees
c. Engineers shall not affix their signature or seals to any engineering plan or
document dealing with subject matter in which they lack competence by virtue of
education or experience or to any such plan or document not reviewed or prepared
under their supervisory control.

Guidelines to Practice: under fundamental Canon 3


Engineers shall issue public statements only in an objective and truthful manner
a. Engineers should endeavor to extend the public knowledge of engineering and
sustainable development, and shall not participate in the dissemination of untrue,
unfair or exaggerated statements regarding engineering.
b. Engineers shall be objective and truthful in professional reports, statements or
testimony. They shall include all relevant and pertinent information in such
reports, statements or testimony.
c. Engineers, when serving as expert witness, shall express an engineering opinion
only when it is founded upon adequate knowledge of the facts, upon a background
of technical competence, and upon honest conviction.
d. Engineers shall issue no statements, criticisms or arguments on engineering matters
which are inspired or paid by interested parties, unless they indicate on whose
behalf the statements are made.
e. Engineers shall be dignified and modest in explaining their work and merit and will
avoid any act tending to promote their own interests at the expense of the
integrity, honor and dignity of the profession.

Guidelines to Practice: under fundamental Canon 4


Engineers shall act in professional matters for each employer or client as faithful
agents or trustees, and shall avoid conflicts of interest
a. Engineers shall avoid all known or potential conflicts of interest with their
employers or clients and shall promptly inform their employers or clients of any
business association, interests, or circumstances which could influence their
judgment or the quality of their services.
b. Engineers shall not accept compensation from more than one party for services on
the same project, or for services pertaining to the same project, unless the
circumstances are fully disclosed to and agreed to, by all interested parties.
c. Engineers shall not solicit or accept gratuities, directly or indirectly, from
contractors, their agents, or parties dealing with their clients or employers in
connection with work for which they are responsible
d. Engineers in public service as members, advisors, or employees of a governmental
body or department shall not participate in considerations or actions with respect
to services solicited or provided by them or their organization in private or public
engineering practice
e. Engineers shall advise their employers or clients when, as a result of their studies,
they believe a project will not be successful
f. Engineers shall not use confidential information coming to them in the course of
their assignments as a means of making personal profit if such action is adverse to
the interests of their clients, employers or the public.
g. Engineers shall not accept professional employment outside of their regular work
of interest without the knowledge of their employers.

Guidelines to Practice: under fundamental Canon 5


Engineers shall build their professional reputation on the merit of their services and
shall not compete unfairly with others
a. Engineers shall not give, solicit, or receive either directly or indirectly, any political
contribution, gratuity, or unlawful consideration in order to secure work,
exclusive of securing salaried positions through employment agencies.
b. Engineers should negotiate contracts for professional services fairly and on the
basis of demonstrated competence and qualifications for the type of professional
service reqd.
c. Engineers may request, propose or accept professional commissions on a
contingent basis only under circumstances in which their professional judgments
would not be compromised.
d. Engineers shall not falsify or permit misrepresentation of their academic or
professional qualifications or experiences
e. Engineers shall give proper credit for engineering work to those to whom credit is
due, and shall recognize the proprietary interests of others. Whenever possible,
they shall name the person or persons who may be responsible for designs,
inventions, writings or other accomplishments.
f. Engineers may advertise professional services in a way that does not contain
misleading language or is in any other manner derogatory to the dignity of the
profession. Examples of permissible advertising are as follows:
-- Brochures which factually describe experience, facilities, personnel and capacity
to render service, providing they are not misleading with respect to the engineer’s
participation in projects described.
--- etc..
g. Engineers shall not maliciously or falsely, directly or indirectly, injure the
professional reputation, prospects practice or employment of another engineer or
indiscriminately criticize another’s work.
h. Engineers shall not use equipment, supplies, laboratory or office facilities of their
employers to carry on outside private practice without the consent of their
employers.

Guidelines to Practice: under fundamental Canon 6


Engineers shall act in such a manner as to uphold and enhance the honor, integrity,
and dignity of the Engineering profession
a. Engineers shall not knowingly act in a manner which will be derogatory to the
honor, integrity, or dignity of the engineering profession or knowingly engage in
business or professional practices of a fraudulent, dishonest or unethical nature.

Guidelines to Practice: under fundamental Canon 7


Engineers shall continue their professional development throughout their careers, and
shall provide opportunities for the professional development of those engineers
under their supervision.
a. Engineers should keep current in their specialty fields by engaging in professional
practice, participating in continuing education courses, reading in the technical
literature, and attending professional meetings and seminars.
b. Engineers should encourage their engineering employees to become registered at
the earliest possible date.
c. Engineers should encourage engineering employees to attend and present papers at
professional and technical society meetings.
d. Engineers shall uphold the principle of mutually satisfying relationships between
employers and employees with respect to terms of employment including
professional grade descriptions, salary ranges, and fringe benefits.

Discussion Question
 In your opinion, What type of licensure model would be appropriate in Nepal?
Suggest some principles and guidelines to implement your model.
CHAPTER 3

Theory of Ethics

Ethical Theory
 Defines terms in uniform ways and link ideas and problems together in
consistent ways (Harries)
 Is a comprehensive perspective on morality that clarifies, organizes, and
guides moral reflection.
 Provides a framework for making moral choices and resolving moral
dilemmas
 Way to identify, structure and integrate moral reasons

 Why multiple theories?


 Enriches the problem-solving process
 Allow problems to be looked at from different angles
 Help to determine the best solution
Ethical conduct is fundamentally grounded in a concern for other people. It is not just
about law or religion (Fleddermann, C.B.)

Ethical Theory
 Utillitarianism- seeks to produce the most utility taking into account the
consequences for everyone affected
 Duty Ethics- contends that there are duties that should be performed. (e.g.
not to injure others, etc.) regardless of whether these acts lead to the most
good.
 Right Ethics- emphasizes that we all have moral rights, any action that
violates theses rights is ethically unacceptable. The ultimate overall good of
the action is not taken into account. It says we ought to respect human rights.
 Virtue ethics- regards actions as right that manifest good character traits and
regards action as bad that display bad character traits. It focuses on the type
of person we should strive to be. Good character is central of morality.
 Self realization ethics - emphasizes the moral significance of self-fulfillment.
How self is conceived? The self to be realized is understood in terms of caring
relationships and communities.

Utillitarianism
 It holds that those actions are good that serve to maximize human well-being.
 Not on maximizing the well being of the individual, but rather maximizing the
well-being of society as a whole. A collective approach.
 E.g. building a DAM
 Utilitarianism seems a straightforward way to interpret the central principle in
most engineering codes “Engineers shall hold paramount the safety, health and
welfare of the public in the performance of their professional duties”
 What exactly is the good to be maximized?
 Should we maximize the good effects of individual action or the good
effects of general rules (policies, laws, principles in codes of ethics)?
 Utilitarianism and Cost-benefit Analysis
 Cost – Benefit analysis
 Good and bad consequence of some action or policy
 Weighs total goods against total bads
 Compares the result
Is this Utilitarianism, But often not
 Cost – Benefit analysis
 Whose good and bad is considered?
 How good and bad are measured ?

Cost-Benefit: a case of Pinto automobile (ref. Fleddermann)


 Pinto- a subcompact car by Ford company
 At the early stage of development, crashworthiness test revealed the Pinto could
not sustain a front end collision without windshield breaking.
 Quick fix solution- the differential was moved very close to the gas tank.
 Thus gas tanks collapsed and exploded upon rear-end collisions at low speeds.
 Article by Mark Dowie
 Cost-benefit analysis developed by Ford in 1971 to decide whether to add $11
part per car to protect vulnerable fuel tank
 $ 11 was insignificant but it would make far more difficult to market a car that
was to be sold for no more than $2000
 The cost of installing the part on 11 million cars and another 1.5 million light
trucks
 The cost of not installing the part, and instead paying out costs for death and
injuries from accidents, was projected.
 Worth of human life $200,000 (from National highway traffic safety
administration)
 Cost of non death injury was $67,000
 Estimated burn death- 180/year and serious burn injuries 180/year
 Total annual cost for death and injuries= 48..million
 Cost for adding the part to automobile= 137 million
 Article by Mark Dowie
 The death and injuries out to be more than estimated- Dowie estimated 3000 per
year
 Juries awarded larger damages verdicts
 The Cost-benefit analysis focused on cost benefit of Ford Motor Company
 It omitted the bad consequences of not informing consumers of known dangers

Utillitarianism Types
 Act- Utillitarianism:- A particular action is right if it is likely to produce the most
good for the most people in a given situation, compared to alternative choices that
might be made.
 Rule Utillitarianism:- right actions are those required by rules that produce the
most good for the most people.
Ethics and Decision
Decisions are usually made:
 Institutional
 Economic analysis
 Social analysis
 Legal (law and rules) analysis
 Individual
 Psychological analysis
 Philosophical analysis

Ethical Dilemma
 Decision moves around
 Legal provision/system; Standard of practice: Comply or not
 Intention: Right or Wrong motive
 Consequence: beneficial or harmful

Ethical Dilemma Reasons


 For Institutional decision
 Economic
 Social
 Legal (law and rules)
 For Individual decision
 Psychological
 Philosophical

Characteristics of Ethical Problems


 Most ethical decisions have extended consequences
 Most ethical decisions have multiple alternatives
 Most ethical decisions have mixed outcomes
 Most ethical decisions have uncertain consequences
 Most ethical decisions have personal implications

Major Ethical systems relevant to managerial decision


 Eternal law
 Utilitarianism
 Universalism
 Distributive justice
 Personal liberty

 Eternal law: guided by law of nature and society


 Utilitarianism: Greatest benefit (good) to greatest number of people or society
 Universalism: Decision or act is right and proper and good only if everyone, faced
with the same circumstances, is expected to make the same decision
 Distributive justice: Decision or action is right and proper and good only if the
least advantaged members of our society somehow enjoy a better standard of
living after the decision.
 Personal liberty: Decision or action is right and proper and good only if all
members of our society somehow enjoy a greater freedom to develop their own
lives..

Duty Ethics
Duty Ethics- contends that there are duties that should be performed. (e.g. not to
injure others, etc.) regardless of whether these acts lead to the most good.
 Ethical actions are those actions that could be written down on a list of duties: be
honest, don’t cause suffering to other people, be fair to others, Don’t kill, don’t
deprive of freedom, obey the law, etc.
 These actions are our duties because they express respect for persons, express an
unqualified regard for autonomous moral agents, and are universal principles
(Martin Schinzinger, 2000)
 Ethical acts are a result of proper performance of one’s duties

Right Ethics
Right Ethics- emphasizes that we all have moral rights, any action that violates theses
rights is ethically unacceptable. The ultimate overall good of the action is not taken into
account. It says we ought to respect human rights.
 Holding paramount the safety, health and welfare of the public can be interpreted
as having respect for the public’s right to life (by producing safe products), rights
not be injured (by dangerous products), and rights to receive benefits through fair
and honest exchanges.
 Right ethics should provide moral foundation of the political and legal system
 According to John Locke (16 32-1704) the three most important basic human
rights are to LIFE, LIBERTY and PROPERTY.
 Rights primarily as entitlements that prevent other people from meddling
in one’s life.
 Property as whatever we gain by “mixing our labor” with things.

Duty Ethics and Right Ethics


 Duty ethics and Right ethics are just two different sides of the same coin.
 Both of these theories achieve the same end:
 Individual persons must be respected and actions are ethical that maintain
this respect for the individual.
 In duty ethics, people have duties, an important one of which is to protect the
rights of others. And, in Right ethics, people have fundamental rights that others
have duties to protect.

Problems with Duty ethics and Right Ethics


 The basic rights of a person (or group) may conflict with the basic rights of
another group.
 How to decide whose rights have priority?
e.g. Building a Dam
 People have rights to use their property.
 If their land happens to be in the way of a proposed dam, then right ethics hold
this property rights is paramount and is sufficient to stop the dam project. A single
property owner’s objection would require that the project be terminated.
 However, there is a need for others living nearby communities to have a reliable
water supply and to be safe from continual flooding.
 Whose rights are paramount ?
 Do Duty ethics and Right ethics can give solution?
 The emphasis is on individual, the good of a single individual can be paramount
compared to what is good for society as a whole.
e.g. Transportation of the radioactive wastes.
 People who live along the route where the radioactive wastes will be transported
have the rights to live without fear of harm due to accidental spills of hazardous
wastes.
 Right ethics would favor the individuals living along the route despite the overall
advantage to society.

Virtue ethics
Virtue ethics- regards actions as right that manifest good character traits and regards
action as bad that display bad character traits. It focuses on the type of person we should
strive to be. Good character is central of morality.
 This theory may seem to be mostly personal ethics and not particularly applicable
in engineering or business ethics. However, personal morality cannot be separated
from business morality. If a behavior is virtuous in the individual’s personal life,
the behavior is virtuous in his or her business life as well.
How can virtue ethics be applied to business and engineering situation?
 Is this action honest?
 Will this action demonstrate loyalty to my community and/or my employer?
 Have I acted responsible fashion?
In using virtue ethics, It is important to ensure that the traits you identify as virtues are
indeed virtuous and will not lead to negative consequences.

Self realization ethics


Self realization ethics - emphasizes the moral significance of self-fulfillment.
 The self is conceived in a highly individualistic manner
 The self to be realized is understood in terms of caring relationships and
communities
 Self interest is understood as our long-term and enlightened well-being (good,
happiness) rather than a arrow, short-sighted pursuit of immediate pleasures.
 Rational persons will agree to abide by a “social contract” in which one obeys the
laws (Thomas Hobbes)

Which Theory to use?


 In solving ethical problems, we don’t have to choose from among the theories.
Rather, we can use all of them to analyze a problem from different angles and see
what result each of the theories gives us.
 E.g. Chemical plant near city that discharges a hazardous waste into the
groundwater. If the city takes water from wells, the water will be compromised
and significant health problem for the community may result.
 Right ethics: the pollution is ethical, since it causes harm to many residents
 Utilitarian: economic benefits of the plant would almost certainly be outweighed
by the negative effects of pollution and the cost required to ensure a safe
municipal water supply.
 Virtue ethics: would say discharging wastes into groundwater is irresponsible and
harmful to individuals and should not be done.
 What happens if different theories seem to give different answers?
Should be analyzed carefully and in detail
Generally, rights and duty ethics should take precedence over utilitarian consideration
(Fleddermann)
CHAPTER extra

ARBITRATION

What is Arbitration?
 Arbitration is a process to resolve disputes between contracting parties based
on a contract agreement.
 Arbitration is supported by law.
 Arbitration is initiated when one party gives notice to the other
 The parties then appoint an independent person (Arbitrator) to resolve the
disputes
 There are one or three arbitrators sometimes called a Tribunal
 The Arbitrators should observe the rules agreed between the parties
 The decision by the arbitrator (called an award) is binding.
 The award can be enforced in the domestic court without further hearings
under the New York Convention.

Two types of Arbitration


 Institutional (administrated) Arbitration
 The arbitration is made by the established institutions such as;
 International Chamber of Commerce (ICC), the Japan Commercial
Arbitration (JCAA), American Arbitration Association (AAA),
London Court of International Arbitration (LCIA), Regional Centre
Rules such as Singapore, HK, Cairo.

 Ad hoc Arbitration
 The arbitration rule is determined by the parties themselves.
 The Rules of United Nations Commission on International Law
(UNCITRAL) are usually applied.

Arbitration Administering Institutes


 International Chamber of Commerce (ICC)
 London Court of International Arbitration (LCIA)
 American Arbitration Association (AAA): an association of arbitrators
International Centre for Dispute Resolution (ICDR) established in 1996
under AAA
 The Japan Commercial Arbitration Association (JCAA)
 United Nations Commission on International Law (UNCITRAL): No
administration of arbitration but supply of arbitration rules.

Arbitrator
 Appoint an expert (or can be anyone) or more arbitrators upon agreement by
the parties.
 Lawyer may be appointed usually.
 Most would be engineers in construction cases according to the nature of
disputes or matter of substance.
 Arbitration institutes list up arbitrators.
 Fee of arbitrator is tabulated by the institutes or
is negotiable with the parties.

Resolution of Disputes
Arbitration under FIDIC Red Book

Resolution of Dispute
 If either party is dissatisfied with the Engineer’s decision and
settlement of dispute amicably failed, then the dispute may be settled by
arbitration
 Clause 67.3 (1987) requires arbitration and arbitrator appointed
under the Rules of Conciliation and Arbitration of the ICC
 Clause 20 (1999) Arbitration: Institutional or Adhoc (UNCITRAL);
International Arbitration – for Foreign Contractors, Laws of Employer’s
country- for Domestic contractors
 Arbitrator by an expert or three persons appointed by the Rule
 Arbitrator have full power to open up, review, and revise any decision.
 Neither parties shall be limited in the arbitration by matters
submitted to the Engineer.
 Arbitrator can call the Engineer as a witness and he may give
evidence.
 The obligations of the Employer, the Engineer and the Contractor are
not altered during the Arbitration.
 Any document other than those used for the Engineer’s decision can
be submitted.
 The Engineer may be called as a witness and give evidence.

Distinctive Features of Arbitration


 Neutrality
 Expertise
 Flexible procedures
 Appeal is limited.
 Confidentiality
 Binding internationally (only if both countries have signed the New York
Convention)

Neutrality
 Arbitrator can be appointed at discretion.
 The place of the arbitration can be selected by the parties.

Expertise
 High level speciality or expertise is required in dispute on construction
industries.
 Specialists in construction industries are to be appointed as arbitrator.
 Arbitrators should understand and grasp the contents of the dispute
correctly and in a speedy manner.
 Thus, saving in cost and time for the settlement of disputes is expected.
Flexible Procedures
 The award is usually made only once
 Number of arbitrators and selection method
 Language (Public language is used in court.)
 Process period
 The procedure is based on an agreement on arbitration by the parties and
flexibility is expected.

Limited Appeal
 The arbitral award binds the parties.
 The Award has the power to bind the parties legally.
 The party may appeal court to execute the award, depending on the
country and whether the NY Convention apples.

 Appeal
 Challenge of arbitral award is made to court.
 Sue time limit is different by countries.
 The court in the country of arbitration has the right to judge.
 The binding power is authorized in Clause 3 of the “New York
Convention”.

Confidentiality
 Non-disclosure in Arbitration Procedure
 The non-disclosure is supported by a principle that the third persons
cannot attend any hearing without prior permission of the parties.
 Such principle of non-disclosure does not have a ground on statute
laws.
 Non-disclosure clause is not usually specified in the arbitration rules,
but only in a few arbitration institutes.
 Arbitration is a private procedure between the parties, then non-
disclosure is considered inherent from the viewpoint of a nature of
the private procedure.

 Duty of Confidentiality
 General duty of confidentiality on the arbitration is observed.
 The breach of confidentiality is only allowed in case that the public
interest is concerned and the law requires disclosure.

Enforcement Domestic
 Award binds the parties by law.
 Compulsory execution of the award is made if the award is not carried out by
any party.
Enforcement Internationally
 The New York Convention 1958 has about 140 country signatories
(http://www.uncitral.org/uncitral/en/uncitral_texts/arbitration.html)
 Outcome from Conference of International Commercial Arbitration held at
UN on 1958
 Under the New York Convention an award is regarded as a judgement of the
domestic court a “Convention Award”
 The Convention guarantees the recognition and enforcement of arbitral
awards
 Limited grounds for refusal of enforcement in Article 36 (1) (a) (i) to (v) of
the Model Law by UNCITRAL.
 The courts in the countries to recognize and enforce; must judge for the
above refusal reasons by two subjects as specified in Article 36 (1) (b) (i) to
(ii) of the Model Law by UNCITRAL.
CHAPTER 6

The Designer’s liability

Who is the design Professionl?


 Architect, Engineers, Surveyor, Quantity Surveyor
 Education
 Licensure
 Training

 Design Firms
 Recognized by state licensing statutes
 Individual professional – licensed
 Employer must be registered
 Sole proprietorships, partnerships, limited liability companies,
corporations, etc.

Relationship with design Consultants?


 Design contracts
 Employer – Designer à Specialist Designer

 Construction Contracts
 Two-Party system
 Three-party system

Contract Documents
 Construction Contract
 GCC
 PCC
 Specifications,
 Drawings, etc.

 Consulting Contracts
 Letter agreement
 Standard Agreement
 Developed by professional association

Project Delivery System


 Traditional D-B-B
 Design-Build (D-B)
 CM
 PPP
 BOT
 BOO, etc.
Negligence: Sources of Duties
 Whether the professional has met the particular obligations contained within
his/her contract
 Whether the professional performed services in a manner consistent with the
training, experience, and skill expected of similar professionals within the design
community.
 Governmental, Professional and Industry Standard
 A licensed designer is presumed to be familiar with all code requirements
for completed structures, and a failure to prepare plans accordance with
applicable codes usually will constitute negligence.
 However, in general, compliance with code requirements during
construction generally rests with the Contractor, not the architect/designer
 Judicial Standards
 The generally accepted standard of professional liability is that any person
who holds himself or herself out to the public in a professional capacity to
be of average ability in the profession will be presumed in law to possess
that requisite degree of learning, skill and experience that is ordinarily
possessed by similarly situated professionals in the community; that the
professional will use reasonable and ordinary care and diligence in the
exercise of this skill to accomplish the purpose for which the professional
is employed; and that the professional will use his/her bets judgement
(wash 1970).

Project phase where designers tend to be negligent


 Predesign
 Survey
 Geotechnical investigation, etc.
 Design
 Standard design
 Calculation
 Service delivery
 Advising client
 Statutory consent/permit
 Supply information
 Supervision
 Attendance to site
 Defect identification.

Increase in Risk due to:


 Technical development
 New technology
 New materials, etc.
 Claim Consciousness
 Employer
 Contractor
 Changes in Law
 Advising client
 Statutory consent/permit
 Supply information
 Supervision
 Attendance to site
 Defect identification.

Common type of claim scenario


 Project specific- repetitive project such as Apartment building
 Non-performing or underperforming Completed project
 Construction Accident
 Contractor’s Claim for delays and additional cost
 Others- e.g. boundary dispute due to survey problem

Risk Management
 Risk Analysis
 Sources of risk-
• The project
• The design professional
• The Client
• Method of project delivery
• Type of contract used
• Time and cost
 Risk Assessment
 Probability and impact
 Risk response
 Avoid
 Retain
 Mitigate
 Allocate
 Transfer
 Monitor

Risk Response
Risk Management
1. Acceptance
2. Mitigation
3. Allocation
4. Transfer
5. Avoidance

Delegation of Design Duties


 Issues
 Necessary skills of designer
 Contract type: personal or with firm
 Benefit for better skills and knowledge
 contract

Management of delegation of design duties


 Strength of staff
 Supervision
 Training
 Standard of practices: code, standard, etc.
 Quality assurance system
CHAPTER 5

TORT

 A Tort occurs where there is breach of a general duty fixed by civil law.
 An act or omission that infringes a general duty fixed by Law.
 When a tort is committed:
 Law allows the victim to claim money, known as damages.
 Paid by the tortfeasor (who committed the tort)
 In some cases, the victim will only be able to claim damages if they can
prove that the tort caused some harms, but in others: they only need to
prove that relevant tort has been committed, e.g. landowners can claim
damages in tort from someone trespassing on their land.

Torts and Breaches of Contract


 A tort: breach of a duty fixed by the law
 Breach of contract: breach of a duty which the party has voluntarily agreed to
assume.
 In contract: duties usually only owed to the other contracting party
 Whereas in tort: they are owed to people in general
 Main aim
 Tort: aim tort proceeding is to compensate for harm suffered
 Contract: aims primarily to enforce promises

Elements of a Tort
 Duty: a plaintiff must establish that the defendant had a DUTY to the plaintiff
 Conduct up to the standard of a reasonable person under the circumstances
 Breach: must prove that the defendant had beached the duty
 Defendant’s act fell below the standard of care of a reasonable person
 Damages: must prove the damages to plaintiff by the breach

Neighbor
 Persons who are so closely and directly affected by my act that I ought to have
them in contemplation as being so affected when I am directing my mind to the
acts or omissions which are called in question.

Vicarious Liability
 Where one person will be held liable for torts committed by someone else; such
liability is said to be vicarious.
 VL arises where there is a particular relationship between the two, usually that of
Employer and Employee.
 VL is a form of Joint Liability

Who is an Employee?
 An employer will generally liable for the acts of their employees, and not those of
an independent contractor.
 A staff member working for full time is an employee
 Someone called in from time to time to fix some problems – is a independent
contractor, not an employee
CHAPTER additional for 5

Trespass

Trespass
 To person
 interference with their bodies: Unwanted physical contact
 To goods
 To protect interference with their goods.
 To land.
 To protect interference with their land.

Trespass to the Person


 Battery: unlawful personal violence
 The direct and intentional application of force to another person without
their consent
 Force- any physical contact with the claimant’s body, or clothing being
worn at the time
• The contact must be direct and physical
• An unwanted kiss, throwing something at others (it hits them)
• But obstructing a person’s way without actually touching is not a
battery.
 Mental element
• Defendant must intend the act of touching, doing carelessly is not
sufficient.
 Assault: a violent attack
 False imprisonment: unlawful prevention of another from exercising their
freedom of movement

Trespass to Goods
 Intentional, direct and unlawful injury to, or interference with, goods in the
possession of another.
 E.g. riding someone’s bicycle
 Elements of Tort
 Intentional and direct interference (not accidental)
 Goods in possession of another (borrowed/hired)- Wrongful possession
may be sufficient to sue

Trespass to Land
 Involves unjustifiable interference with land which is in the immediate and
exclusive possession of another
 Not necessary to prove damage to land; the tort is actionable per se (by itself)

Elements Trespass to Land


 Land: not only soil but things under it, any structure fixed to the surface
 Possession: defendant need not own the land but must be in possession
• Damage caused by aircraft ??????
 Interference: must be direct and intentional; indirect interference give rise to an
action for negligence
 Growing trees near to the boundary.
 Going to other’s room without permission
 Remaining on land: even after the permission expires
 Placing thins on land
 Trespass on Highways: traditionally, other than to get from one place to another.
 According to Lord Irvine: … public HW is a public place which the public
may enjoy for any reasonable purpose, provided that the activity in
question doe not amount to a public/private nuisance and does not obstruct
the HW by unreasonably impeding the primary right of the public to pass
and repass; public right of peaceful assembly on the HWs.

You might also like