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Practice Examination Part A"

Book Title: Samuels and Summary of Results
Sanders,
Practical Law of 68% Correct of 50 Scored items:
Architecture, 34 Correct: 68%
Engineering, and 16 Incorrect: 32%
Geoscience,
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Second Canadian
Edition
Book Samuels
Author:
Location Chapter 2 >
on Site: Practice Exams >
APEGGA-style
Practice
Examination Part
A
Date/Time July 16, 2011 at
Submitted: 10:14 PM
(UTC/GMT)

1. An 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?

Your Answer: Whether the building is safe for

occupancy by the public.

2. Who sets the ethical standards which professionals are

bound by?

Your Answer: Professional regulatory bodies adopt

codes of ethics or codes of professional
practice to be followed.

3.
3. Which of the following statements regarding penalties is
true when a professional commits a single wrongful act?

Your Answer: The professional may be subject to

criminal, civil, and professional
disciplinary action.

4. What is the standard of proof for professional

misconduct?

Your Answer: Absolute certainty.

Correct Answer: More certain than a balance of
probabilities, but less certain than
beyond a reasonable doubt.

5. Which of the following is generally true regarding the

relationship between insurance coverage and alleged
professional misconduct?

Your Answer: 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.

6. A geoscientist has access to data regarding gold

deposits, and shares that information with a friend who
trades mining stocks. Which duty has the geoscientist
breached?

Your Answer: All of the above.

7. An engineer is concerned about the safety of work

methods used be a contractor. Which of the following
 best describes the appropriate course of action?

Your Answer: The engineer should warn the

contractor that the work method is
considered unsafe and notify the
appropriate occupational health and
safety regulatory office of the work
methods being used.

8. Which of the following statements is false regarding the

obligations of a professional asked to provide expert
witness opinion evidence in a court case involving
allegations of professional incompetence.

Your Answer: Because civil litigation is an adversarial

process, the witness may consider the
interests of the party that hired him or
her when formulating the opinion
evidence to be given.

9. Which of the following would not be a conflict of

interest?

Your Answer: All of the above involve conflicts of

interest.
Correct Answer: 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.

On the facts given, the Geoscientist would have no

incentive to incorrectly specify the soil test results.

10. 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?

Your Answer:
 Your Answer: None of the above would be a
breach of the duty of loyalty.
Correct Answer: Advising an acquaintance who is a
bicycle shop manager as to the type
of extractor fan that might be
suitable for the bicycle workshop.

Advising on air conditioning systems is the business of

the employer and the employee should not participate in
that activity without the employer's consent.

11. What penalties may a professional face for failing to

report known misconduct of another professional?

Your Answer: Fine, temporary suspension, and / or

expulsion.

12. An engineer is asked to provide a written opinion on the

adequacy of the design of another engineer for the
purposes of a court case, but is concerned that
insufficient information has been provided. What is the
minimum precaution the engineer should take?

Your Answer: 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.

13. Which of the following statements is true?

Your Answer: Bid shopping is unethical, but not

necessarily illegal.

14.
14.
A geoscientist prepares a prospectus. There is a mistake
in the prospectus and a private investor sues the
geoscientist. The corporation who commissioned the
prospectus does not sue. Which cause of action should
the geoscientist be least concerned about?

Your Answer: Negligent misrepresentation.

Correct Answer: Breach of contract.
Since there was no contract with the investor (there was
only one with the company), there will be no claim for
breach of contract.

15. If toxic contamination migrates onto your property from

a neighbouring property, which of the following will not
generally be a cause of action you would have?

Your Answer: Breach of contract.

16. Which of the following is not a typical task for an

architect of record on a construction project?

Your Answer: Approving the construction technique of

the main contractor.

17. Which is not a correct statement regarding change

orders?

Your Answer: Because contracts are carefully drafted,

change orders rarely occur except on
large projects.

18. At what stage should the contract administrator conduct

field reviews?

As the contractor is preparing to

Your Answer:
 Your Answer:
begin work.
Correct Answer: When the contractor is actually
proceeding with the work.

Administrators will typically be required to perform

multiple reviews, the majority of which should be done
while the work is underway.

19. A project has been fully designed with drawings and

specifications prepared. The owner is on a tight budget
and wants the project built for the lowest price possible.
The owner is prepared to pay the architect to closely
oversee the construction. What type of delivery system
is most appropriate for this situation?

Your Answer: Invitation to tender.

20. Which of the following is generally false in relation to a

bidder who submits a bid in a tender process?

Your Answer: The bidder must negotiate with the

owner if the owner so requests.

21. Which of the following is an effective means for an

engineer to ensure her design meets the standard of a
reasonable engineer?

Your Answer: All of the above.

22. Which of the following is false regarding insurance?

Your Answer: Insurance is always readily available.

23. Which of the following is false regarding subrogation?

Your Answer: Subrogation rights are effective against

named insureds.

24. Which of the following would normally be covered by a

consultant's errors and omissions insurance policy?

Your Answer: A claim by the owner for negligent

design that resulted in water
ingress.
Correct Answer: A claim by the owner because a
negligently designed wall fell down
and damaged other property.

Because of the large number and difficulties associated

with claims for late drawings, water ingress and mould,
most errors and omissions policies exclude claims for
those losses from coverage.

25. Which of the following is false regarding bid bonds?

Your Answer: Having a surety provide a bond is the

only way for a bidder to provide a bid
bond.

26. Which of the following relationships is governed by

labour law?

Your Answer: Union-management.

27. Which of the following may be an unfair labour practice

at the time a union is seeking certification?

Your Answer:
 Your Answer:
All of the above.

28. Which is not a prohibited ground of discrimination?

Your Answer: Education.

29. Which of the following most accurately states the duty

of the governments in Canada to consult with Aboriginal
people?

Your Answer: All aboriginal people who will be

affected by the project and who
have a proven claim against the land
affected by the project.
Correct Answer: All aboriginal people who will be
affected by the project.

30. Which of the following rights does the copyright holder

not hold in relation to a book?

Your Answer: The right to restrict who can re-sell the

book.

31. Which of the following is least likely to occur in a

contract between a municipality and a large construction
consortium?

Your Answer: Misrepresentation.

Correct Answer: Unconscionability.

Unconscionability, which typically relieves vulnerable

parties from unfair contractual provisions, is unlikely
between powerful sophisticated parties.
32. Which of the following is not likely a fundamental term
of a construction contract?

Your Answer: The order in which the work will be

done.

33. Which of the following is not a common issue in

construction contacts?

Your Answer: Incapacity of the parties.

34. Which of the following is not suited to the design-build-

operate-finance model of project delivery?

Your Answer: A private road to a ranch.

35. 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?

Your Answer: Failure by the contractor to install

essential reinforcement in the concrete
of the foundations.

36. Which of the following would be a complete defence to a

claim of negligence?

Your Answer: The plaintiff was partly responsible

for the harm they suffered.
Correct Answer: The harm would have occurred
regardless of the defendant's acts.

If the harm would have occurred regardless, causation

is not established. The plaintiff being partly to blame
 may reduce damages, but it is not a complete defence.

37. X purchased a car from Y without asking any questions

about its condition. X later finds out that the brakes are
faulty. A reasonably experienced driver would have
been able to tell the brakes were faulty by driving the
car. Can X sue Y for misrepresentation?

Your Answer: Yes, because brakes determine the

safety of the car, B had an
obligation to disclose the fault.

Correct Answer: No, A did not ask B any questions

and so B was not under a duty to
disclose information regarding
patent defects.

There is no obligation to negotiate in good faith.

However, one must truthfully answer questions asked.

38. Under which tort may a car manufacturer be liable for

injury resulting from defective seatbelts?

Your Answer: Breach of duty to warn.

39. Which of the following is false regarding litigation?

Your Answer: The details of the dispute can be kept

private.

40. Generally, which of the following will not have a claim of

lien?

Your Answer: An architect.

Correct Answer: A subcontractor to the architect.
 It depends on the provisions of the applicable
legislation, but generally a person engaged by an
architect would not be able to claim a lien.

41. Which documents can be used to prove delay?

Your Answer: All of the above.

42. Which of the following is usually an implied term of an

employment contract?

Your Answer: Number of sick days per year.

Correct Answer: Length of notice of termination.

Since termination is not a certainty like salary, vacation,

and sick days, issues relating to it are often not spelt
out in employment contracts and must be implied.

43. Which of the following statements regarding regulation

of professions in Canada is false?

Your Answer: The regulatory bodies of self

regulated professions determine
who has the right to use
professional titles associated with
that profession.
Correct Answer: The right of professions to govern
themselves is conferred by federal
statute.

Regulation of professions is within provincial government

jurisdiction.

44. What are the primary purposes of national organizations

such as Engineers Canada (formerly the Canadian
 Council of Professional Engineers), the Canadian Council
of Professional Geoscientists, and the Royal Architectural
Institute of Canada?

Your Answer: They coordinate and foster mutual

recognition among regulatory bodies
and encourage commonality of
operations.

45. Which of the following best describes who may use the
title "Professional Engineer"?

Your Answer: Persons who have successfully

completed the requirements of an
engineer in training program.

46. Which of the following statements regarding scope of

practice of a profession is false?

Your Answer: Ambiguity in the definition of the

scope of practice is resolved by
considering the facts of individual
cases and keeping in mind the intent
and purpose of the governing
legislation.
Correct Answer: To protect the integrity of the
professions, all definitions of the
scope of practice are specified
precisely and without ambiguity.

Defining neighbouring professions without overlap is a

challenging task and some ambiguity in the definitions
of scope of each profession is inevitable.

47. Why do the definitions for the scope of professional

practice often contain exclusions?

Your Answer: 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.

48. Which of the following statements regarding professional

registration is false?

Your Answer: Only individuals, and never the

corporations that employ them, are
required to be registered.

49. Which of the following statements regarding use of

professional seals is false?

Your Answer: Most regulatory authorities have

guidelines for the use of seals.
Correct Answer: Using a professional seal means that
the professional has personally
prepared or supervised the
preparation of the documents.

A professional may apply his or her professional seal to

a document even if he or she has only reviewed the
document.

50. What is a letter of assurance?

Your Answer: An assurance that a project will be

constructed within budget.
Correct Answer: A letter by a professional stating
that that work has been done in
accordance with the plans or
specifications.

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