Quesiton s

8/21/2019 Quesiton s

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Intellectual property

Question 9: (1 point)

An invention which amounts to an improvement of an art, process, machine, manufacture, orcomposition of matter is not patentable in Canada.

a. True

b. False


Who is entitled to receive a patent in Canada?

a. Any person who has obtained a patent in the United States or the United Kingdom

b. The first person to invent the invention

c. The first person to exploit the invention for commercial gain.

d. The first person with a patentable claim to file a patent.

e. The first person to have his claim approved by the Patents Office

M invents a new type of composite-reinforced aluminum electrode. After describing it to a customer,he installs a battery with the new electrodes in the customers car. About 14 months later thecustomer brings in his car for servicing and M sees that the electrode has worked so well that hedecides to apply for a patent. M is entitled to the patent?

a. True

b. False


Which of the following is protected by copyright in Canada?

a. A computer program

b. A business name

c. Engineering drawings

d. a) and c)

e. b) and c)


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f. None of the above

Employment lawQuestion1:(1point)Thedutyofconfidentialityofanengineertohis/herclientdoesnotendoncethecontractbetweenthemisterminated. a True

b.FalseQuestion7:(1point)Afindingofvicariousliabilityofanemployerfortheactsofanemployeeexcusestheemployeefrombeingfoundliableintort.

a True

b.False


Which of the following is not a source of employment law?

a. Human Rights codes

b. Labour Relations legislation

c. Contract law

d. Income Tax Act


Where economic conditions threaten the viability of an employers business, the employer may

terminate employees without notice.

a. True

b. False


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Restrictive covenants duly signed by an employee that restrain the employee from making use of

the employers confidential information after leaving the employers company are alwaysenforceable in the courts.

a. True

b. False


Employment contracts of professional engineers are exempt from the BC Employment StandardsAct.

a. True

b. False


In situations where an employment contract does not specify some particular terms of employment,common law will be used to determine what terms the employer and employee would have agreedto.

a. True

b. False


A registered chemical engineer working as a chemical technician in a pulp and paper plant is notsubject to the Employment Standards Act.

a. True

b. False

Contract law:


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Which of the following is considered an essential element of a contract:

a. intention to create legal obligations

b. fulfillment of the obligation under the contract

c. the requirement that all of the terms be in written form

d. a duty to carry out the obligation with reasonable care


Which of the following situations will NOT render a contract unenforceable (apologies for the doublenegative; reverse its sense and all will be clear):

a. misrepresentation

b. uncertain terms

c. existence of an agreement to agree

d. an oral agreement

Question 14: (1 point) EMPLOYEMENT LAW

An employment contract should address issues such as:

a. what constitutes reasonable notice of termination, ownership of intellectual property,

confidentiality, and terms of payment.b. terms of payment, allowable vacations, and reasonable notice of termination.

c. the chain of command in the company, salary levels, and what constitutes reasonablenotice of termination.


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A counter-offer could be defined as a modification of the original offer.

a. True

b. False


A contract can be terminated once the time required to complete the obligations of the contract haspassed.

a. True

b. False


The post-box rule, where a contract is said to be formed at the time the offeree posts a letter ofacceptance to the offeror when the contract is formed through the mail, is difficult to apply toelectronic mail because of differences in server technology and e-mail programs.

a. True

b. False

An offeree receives an offer consisting of two conditions and then makes a counter-offer thatinvolves only one of the conditions. A contract can result if the offeror agrees to the counter-offer.(Breathe deeply and read it again.)

a. True

b. False


A fiduciary duty arises when a professional can bind a client in a contract that would require theclient to pay significant sums of money

a. True


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b. False

a. True

b. False

The intention to form a legal contract may be inferred from the conduct of the parties

a. True

b. False

Question10:(1point)Afiduciarydutycanarisewhenanengineerperformsservicesforaclient. a True

b.False

A moral obligation to keep a promise constitutes a binding contractual promise atlaw.

a. Trueb. False

A contract can be terminated once the time required to complete the obligations ofthe contract has passed.

a. Trueb. False

Question 14: (1 point)Which of the following elements are necessary to achieve a contract:

a. offer, acceptance, counteroffer, consideration, age of majorityb. offer, acceptance, legality, ability to contract, written contract terms,

considerationc. offer, acceptance, legality, ability to contract, consideration

d. offer, acceptance, contract, ability to enter into a age of maturity

Tort Law

In any tort action, the defendant must prove that the plaintiff owed a duty of care,that the plaintiff breached the duty by acting as he did and that the plaintiff's breachcaused damage to the defendant.


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a. True

b. False


Which of the following is not considered a Tort:

a. defamation

b. Unjust enrichment

c. Trespass

d. false imprisonment


In any tort action, the defendant must prove that the plaintiff owed a duty of care, that the plaintiffbreached the duty by acting as he did and that the plaintiff's breach caused damage to thedefendant.

a. True

b. False


In Canada, a professional engineer owes a duty in tort but not in contract if he/she is registeredwith a provincial association.

a. True

b. False


Where a client has a claim against a professional in either tort or contract, the client must chooseone or the other before launching a lawsuit.

a. True

b. False


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A professional owes a duty of care in tort but never in contract

a. True

b. False


Mark is a chemical engineer who specializes in process control in chemical plants. Tanya meets himat a party and asks him a question about the equipment in a brewery she is interested in buying.

Mark answers her question to the best of his knowledge. Tanya uses the information Mark gave herto make an offer on the brewery which is accepted. Several weeks later, before taking possession,Tanya realizes that Marks information was erroneous, and it is too late for her get out of the deal,without losing her $15,000 deposit. Does Mark have liability to Tanya in tort?

a. Yes, because any incorrect statement made by a professional is negligent.

b. No, but he could be liable under contract law.

c. No, because she did not pay for his advice.

d. Yes, because Mark ought to have known that Tanya would likely rely on his opinion, whichhe was not qualified to give.

e. No because he is not an expert in brewing equipment.


Jerome is found guilty of professional misconduct by a disciplinary committee of his governingprofessional organization. Following the mandated procedure, the committee publishes the report ofthe disciplinary proceeding in the newsletter circulated to members of the profession. The noticesets out Jeromes name, the nature of his offence and the penalty imposed. Can Jerome sue theorganization for the effect on his reputation?

a. Yes, a defamation suit is possible for spreading statements about Jerome.

b. Yes, a battery suit is possible for the damage to Jeromes reputation.


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c. Yes, a defamation suit is possible for damaging Jerome's reputation if the statement is

erroneous or exceeds the organizations authority.

d. No, a defamation suit is not possible because the organization published the truth.

e. No, a defamation suit is not possible because the newsletter is not a communication tothird parties.

Consulting


After salary and benefits to employees, the most significant portion of the fee of a consultingengineer is

a. profits

b. federal and provincial taxes to be paid

c. pre-tax profits

d. overhead


The greatest asset of a consulting firm is its

a. portfolio of past projects

b. clients

c. location

d. people


A consulting professional can act autonomously on behalf of a client whereas a scholarlyprofessional typically acts under the direction of his/her employer.

a. True


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b. False

Product liability

In the case of product liability, a manufacturer will always avoid liability as long asthey have issued a properly drafted disclaimer.

a. Trueb. False

Question4:(1point)Inthecaseofproductliability,amanufacturerwillalwaysavoidliabilityaslongastheyhaveissuedaproperlydrafteddisclaimer.

a.Trueb False

Question9:(1point)Withrespecttoengineeringandproductliability,theprincipalaimoftortlawistoprovideadeterrenttocarelessdesignormanufacture.a.Trueb False

Dispute resolution:

Question11:(1point)Whichofthefollowingisnotconsideredaformofalternativedisputeresolution?a.FactFindingb.Conciliationc.Administrative Tribunalsd.Mediation

Introduction to law:

Question13:(1point)Whichofthefollowingstatementsmostaccuratelydescribestheinteractionbetweencivilliabilityandcriminalliability? a Civil liability is usually governed by the law of contract and negligence whereas criminal

liability is usually governed by the Criminal Code

b.Theplaintiffcanfileacivilactionandacriminalactionconcurrently.

c.Inbothcivilcasesandcriminalcases,theplaintiffmustprovetheircasebeyondareasonabledoubt.


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d.Thedefendantcannotbefoundbothcivillyandcriminallyliableforthesamewrong.

Engineering:

Question 38: (1 point)Professional engineers occupy an important role in society because: (Choose the

best answer)

a. Through their professional associations, they provide assurances to societyregarding their work standards and conduct.

b. They understand how to build the systems that society needs to function.c. Professional engineering associations advertise the accomplishments of theprofession and advocate for the engineering profession.

d. Society needs the skills and expertise that professional engineers possess. ??

Question 25: (1 point)Two necessary features of a profession are: organization of practitioners into a

professional association and the requirement of a period of apprenticeship formembers of the association.

a. Trueb. False


One definition of engineering is that it is a grand social experiment.

a. True

b. False

Question14:(1point)Thestandardofcareforengineersis:(Choosethebestanswer)a.establishedbyengineeringprofessionalsowingtothetechnicalcomplexityofengineering.b the standard established by engineering design codes and provincial engineeringassociations c.thestandardwhenthereisanyforeseeablechanceofinjurytoclients.d.differentfromt


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Workmens compensation board:


What will the WorkersCompensationBoardpayforintheeventofinjurytoaworker?a.Lossofearningsb.Healthcarecostsc.Pensionsd.Retrainingfornewoccupation e All of the above

f.a,b,andd


What will the Workers Compensation Board pay for in the event of injury to a worker?

a. Loss of earnings

b. Healthcare costs

c. Pensions

d. Retraining for new occupation

e. All of the above

f. a, b, and d


The Workmens Compensation Board of British Columbia is primarily concerned with rehabilitationand compensation of workers injured in workplace accidents.

a. True

b. False


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In the context of workplace relationships, self regulation is best defined as:

a. The ability to understand the emotional makeup of other people.

b. Control of the desire to work for only money or status.

c. Being silent even when bad news or the poor work of subordinates causes anger.

d. The ability to control or redirect disruptive impulses and moods.

APEGBC


The most likely outcome of an APEGBC investigation and discipline of a member that has embezzled$1,000,000 and has been found guilty in a court of law is:

a. Membership is revoked.

b. A public flogging by masked student engineers dressed in black cloaks with red trim.

c. APEGBC would not review this matter because the member is in jail.

d. APEGBC would not impose a penalty as this is a legal, not engineering, matter.

e. A public reprimand.

Registration with a provincial engineering association protects the professionalengineer from liability for any incorrect opinion given to a client.

a. True

b. False

Professional engineering associations have the right to prosecute members forviolating codes of conduct or the terms of their licence to practice engineering.

a. Trueb. False


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Ethics:


An engineer working for a company should follow the code of ethics and forego his/her self-interestin the interest of

a. the company

b. the clients he/she works for

c. the well-being and economic status of his/her family

d. the engineering profession


Learning ethics is unnecessary because we are taught how to behave ethically and morally by ourparents or by the society in which we were brought up.

a. True

b. False


In a free society such as Canada, when you register as a professional engineer, you have the rightto not commit to the code of ethics of the profession.

a. True

b. False


A conflict of interest is not conflicting legitimate obligations such as those to an employer and to thepublic or a profession.

a. True


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b. False


Fear and anger can be significant influences and motivators when making ethical decisions.

a. True

b. False


A conflict of interest can be actual, potential, or apparent but each type is equally easy to identify.

a. True

b. False


The paper Engineering Ethics and Society suggests that macro-ethical problems exist because ofthe size of engineering projects being considered.

a. True

b. False


Professionals are protected by virtue of registration and therefore can never be held liable foromitting to mention something relevant in giving an opinion

a. True

b. False


The lunch bag game is a general model for:

a. how to act in your best interests if you are a member of a self-governing profession.

b. what to say if you and your engineering partner are caught paying low fees forengineering services and questioned separately by the provincial association.


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c. how your self-interest must be sacrificed to benefit a group to which you belong.

d. how to act ethically, avoid nuclear war, or find a suitable date at a social function.


A conflict of interest is a breach of the code of ethics and could be dealt with by an investigativecommittee established by the provincial association. If loss or damage results from the conflict ofinterest, the courts may find the person(s) involved in the conflict of interest liable.

a. Both statements are false.

b. Both statements are true.

c. The second statement is true and the first is false.

d. The first statement is true and the second is false.


According to the paper Engineering Ethics and Society, the inability to predict the behavior ofsystems (Choose the best answer)

a. requires the development of more sophisticated models of systems that can take accountof the consequences of their failure.

b. arises because of the complexity of systems required to satisfy societys demand for moresustainable practices.

c. leads to the need for more computing power to model the systems more thoroughly.

d. arises because of the complexity, and the chaotic and discrete nature of systems.


A conflict of interest is important to the engineering profession because:

a. Engineers are consulted for their expertise and skill and their advice and judgment mustbe unbiased.

b. Many individuals may depend on engineering advice which must therefore be reliable.


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c. Considerable trust is place in engineers and this trust must not be compromised in order

for the profession to be held in high regard.

d. All of the above

e. a) and b) only

f. c) only

Question2:(1point)Doingengineeringservicesforfreealwaysresultsinunjustenrichmentfortherecipientoftheservices.a.True b False


The need for whistle-blowing results from an inconsistency in typical engineering codes of ethics.

a. True

b. False


The paper Engineering Ethics and Society suggests that macro-ethical problems exist because ofthe size of engineering projects being considered.

a. True

b. False

Question 29: (1 point)The idea of democratic ethics is that societys views can be used to evaluate whether a technologyis ethically acceptable or not.

a. True

b. False


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Kantian ethics suggests that:

a. Categorical rules are absolute and have no conditions.

b. One has a duty to follow categorical rules.

c. Categorical rules may be broken if anyone can do the same at any time.

d. None of a), b) or c)

e. All of a), b) and c)

f. a) and b) only


It is a conflict of interest for an engineer to:

a. disclose to two companies competing for the same contract that you are doing similarengineering work for each company.

b. be a member of a committee that develops safety standards for equipment produced byhis/her engineering company.

c. be a member of a committee that develops safety standards for equipment produced bythe engineer's company and failing to disclose ways in which the engineers company maybenefit from recommendations drafted by the committee.

d. All of the above.


A clause that occurs in virtually every engineering code of ethics is that every engineer shall holdparamount the safety, health, and welfare of the public. What is meant by public? (Choose thebest answer.)

a. Anyone, such that holding public safety paramount means never putting anyone in anydanger at any time.

b. Those persons who lack the technical knowledge and expertise to completely understandthe risks and benefits of a product, system or structure.

c. Everyone, such that public safety is the safety of everyone more or less equally.


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Canadian engineers have a high degree of emotional intelligence because their professionalassociations are self-governing.

a. True

b. False

Question 22: (1 point)The need for whistle-blowing results from an inconsistency in typical engineering

codes of ethics.

a. Trueb. False

Canadian engineers have a high degree of emotional intelligence because theirprofessional associations are self-governing.

a. Trueb. False


Kantian ethics suggests that:






f. a) and b) only

UnknownPractice Review is best described as:

a. The Association reviewing the practice of members.

b. The Provincial Government reviewing the practice of engineering or geoscience firms.

c. The Association reviewing the performance of engineering or geoscience firms.

d. The Provincial Government reviewing the practice of individual engineers.


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The key factor foumisrep

nd in fraudulent misrepresentation that is not present in negligentresentation is:

a. a false or misleading representation is made

b. there was damage resulting from relying or acting upon the representation

c. the person to whom the representation was made relied or acted upon th

e representation

d. the person making the representation kn w it was false or misleadinge


A Practice Review is best described as:

a. The Association reviewing the performance of engineering or geoscience firms.

b. The Association reviewing the practice of members.

c. The Provincial Government reviewing the practice of individual engineers.

d. The Provincial Government reviewing the ractice of engineering or geoscience firms.p

Question 8: (1 point) CONTRACT LAW

Gratuca

itous promises, or services offered by an engineer or other professional without consideration,the services are rendered, and during the period when services are being carriedn occur before

out.

a. True

b. False

4.An engineer defending a chargea

of negligence will be liable for only those types of damages thatre reasonably foreseeable, even though the plaintiff suffered damage to a much greater degree

than eseen. TORTcould be for

a. True

b. alseF


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Which of the following elements is NOT necessary for a finding of unjust

enrichment

ud. a corresponding deprivationd. an enrichment

Euestion 18: (1 point) TORT

y of

verage reasonable person in the street.

tandard established by engineering design codes and provincials.E

uestion 21: (1 point)ition of engineering is that it is a grand social experiment.

a. Trueb. False

uestion 13: (1 point)nt to a finding of negligence? TORT

c. Knowledge of precisely who will be harmed by the negligent actd. Intent to commit the negligent act

oing engineering services for free always results in unjust enrichment for thee services.

a. Trueb. False

e key factor found in fraudulent misrepresentation that is not present in negligent

enrichment:

a. absence of a juristic reason for the

b. an intent to defra c

ckosays:Q The standard of care for engineers is: (Choose the best answer)

a. established by engineering professionals owing to the technical complexitengineering.

b. the standard when there is any foreseeable chance of injury to clients.c. different from that of the a

d. the sengineering associationckosays:Q One defin

Q Which of the following is an essential eleme

a. Damages in the form of economic lossb. Duty of care owed to the plaintiff

Drecipient of th

thmisrepresentation is:

a. the person to whom the representation was made relied or acted upon therepresentation ??????


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b. there was damage resulting from relying or acting upon the representationc. the person making the representation knew it was false or misleading

alse or misleading red. a f


saster was an example of unprofessional decision-making because (Choose theThe Challenger dibest answer)

a. was asked to make a

bout the safety of the O-rings on the rocket.

The manager of engineering at Morton-Thiokol, Bob Lund,management decision (to take off his engineering hat) rather than an engineeringdecision a

b. The engineers were asked to show that the rocket was unsafe to fly, not that it was safe

to fly.c. None of the engineers involved was registered with a professional association and

therefore was not bound by a code of ethics.

d. The engineers did not display their data on O-ring safety properly.


Hiring a localbest w

agent or man on the ground to handle company interests in a foreign country is thecharges of bribery.ay to avoid

a. True

b. False

Professionalengineeringassociationshavetherighttoprosecutemembersforviolatingductorthetermsoftheirlicencetopracticeengineering.

a True

b.False

Aprofessionalengineercanbeliableforomittingtomentionsomethingrelevantinopinion.

a Trueb.False

Question8:(1point)codesofcon

Question6:(1point)renderingan


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Engineering students who have taken APSC450 are: CHEATERS

a. professional, reverent, reserved, and sophisticated

b. mature, polished, distinguished, and developed

c. committed, sensible, reliable, and responsible

d. persistent, dedicated, devoted, and prepared

e. all of the above and possibly more


Cellphones:

a. should have more ring or vibrate styles

b. should be recycled every year

c. are extremely convenient technology for organizing a busy life

d. should remain off during an APSC 450 lecture and any other lectures or meetings youmight attend


d Engineering Section do?What does the Workers Compensation Boar

a. Investigate industrial accidents

b. Review products and equipment

c. Develop regulations

d. All of the above

e. a and b


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The Doctrine of Double Effect applied to engineering practice suggests (Choose the best answer)

a. that engineers need not concern themselves with assessing goodness or badness as longas they do not perform a bad act to achieve some good for society.

b. me goodness and somethat practicing engineers can do an act that probably results in sobadness, but where the goodness is greater than the badness.

c. that engineers can do a bad act as long as it results in significantly more goodness thanbadness.

that engineers and society need to establish measures of goodness and badness.d.

. goodness but also some badness, where the

badness is much less than the goodness.

e that engineers can do an act that results in

Question 31: (1 point)The preeminent characteristic of a superior communicator is:

a. rapport building

consistencyb. word and body language

c. writing ability

d. listening ability


Definitions of engineering asa

re simple to make since what engineers do has remained almost thest century.me for the la

a. True

b. False


To provide assurances of safety where engineering principles are involved, the WorkersCompensatioe

n Board accepts an engineer with a bachelors degree and at least four yearsxperience.

a. True


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b. False


The Workmens Compensation Board of British Columbia is primarily concerned with rehabilitationand compensation of workers injured in workplace accidents.

a. True

b. False


A gratuitous promise is one made for a small consideration.

Contract

a. True

b. False

a. No, because Andy was on a frolic of his own.

b. Yes, because the employer is responsible for all the actions of its employees.

c. No, because the assault was carried out while Andy and Nathan were discussing a non-

work-related topic.d. No, because the employer did not tell Andy to argue with, or to push, the customers.

e. Yes, because the assault was carried out while Andy was in the course of his employment.

Question 16: (1 point) TORT

The standard of care required to be met by professionals under the law of negligence is:

a. That of the best qualified member of that profession in the province.

b. Set only by professional organizations.

c. Always assessed in hindsight.

d. To exercise the same degree of skill as is generally expected of members of thatprofession.

e. That of the average person riding the bus


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The fiduciary duty of an engineer to a non-engineer client arises, in part, because the engineer hasthe discretion to use his special knowledge for the clients interests. TORT

a. True

b. False


Contract law, tort law, and the concept of fiduciary duty all apply one at a time and only one ofthese may be applied in any particular case; otherwise one could experience double jeopardy whichwould be unjust.

a. True

b. False


Registration with a provincial engineering association protects the professional engineer fromliability for any incorrect opinion given to a client.

a. True

b. False


According to APEGBC an EIT is entitled to:

a. place the title EIT after their name.

b. co-sign engineering designs and drawings with a registered engineer.

c. use such job titles as Engineer, Junior Engineer, Project Engineer, Sales Engineer, andSoftware Engineer.

d. do entry level engineering with supervision from a registered engineer.

e. all of the above


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An engineer does engineering work for a client without specific discussion about a fee. When theclient receives the invoice for services rendered, she refuses to pay the amount and sends theengineer 50% of the amount invoiced.

a. The courts will not deal with these kinds of problems since they are related to the

governance of a profession and therefore the engineer and client must come to someagreement by mediation.

b. The engineer may apply to the courts who would decide a reasonable fee that theengineer deserves for the work done.

c. The engineer has no recourse because it is unethical to do engineering work before settinga fee in a contract.


The association of professional engineers in each province has the power to:

a. establish a code of ethics

b. inquire into the conduct of their members

c. accredit university programs in engineering

d. discipline members of the profession who are guilty of unprofessional conduct

e. decide which engineering graduates can become engineers in training

f. all of the above

g. a), b), d) and e

Question 15: (1 point) INTRO TO LAW

The common law is

a. rules and precedents developed by all the courts.

b. law that the common person obeys.

c. law made in the Canadian Parliament.

d. written decisions of the Supreme Court of Canada.


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Proximity, the direct effect by ones actions, and foreseeability, the ability to know that onesactions would affect someone, determine the duty of care of professionals to third parties.

a. True

b. False

In Canada one must apply for copyright protection of any written work.

a. True

b. False


In arbitration of a dispute, it is the arbitrator who decides the issues in dispute, renders a finaldecision and an award, if applicable.

a. True

b. False


Where a client has a claim against a professional in either tort or contract, the client must choose

one or the other before launching a lawsuit.

a. True

b. False


A shrink-wrap agreement, wherein a purchaser who breaks the shrink wrap of off-the-shelfsoftware is deemed to have accepted an ownership contract, is only binding if the purchaser is

clearly informed.

a. True

b. False


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A contract can be terminated once the time required to complete the obligations of the contract haspassed.

a. True

b. False


Contract law, tort law, and the concept of fiduciary duty all apply one at a time and only one of

these may be applied in any particular case; otherwise one could experience double jeopardy whichwould be unjust.

a. True

b. False


Gratuitous promises, or services offered by an engineer or other professional without consideration,can occur before the services are rendered, and during the period when services are being carriedout.

a. True

b. False


In cases where a product is technically complicated and requires expert knowledge for its use, theduty to warn may be discharged by issuing a warning to a learned intermediary

a. True

b. False


As an employee, you always own the rights to nay inventions or other intellectual property youdevelop while employed.

a. True


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b. False

Question 11: (1 point)An individual can practice engineering in British Columbia as long as:

a. he/she abides by the code of ethics.

b. he/she is called a professional engineer by his/her employer.

c. he/she works for a registered engineering firm.

d. he/she is registered as a professional engineer.

e. All of the above


Which of the following statements most accurately describes the interaction between civil liabilityand criminal liability?

a. The defendant cannot be found both civilly and criminally liable for the same wrong.

b. The plaintiff can file a civil action and a criminal action concurrently.

c. Civil liability is usually governed by the law of contract and negligence whereas criminalliability is usually governed by the Criminal Code.

d. In both civil cases and criminal cases, the plaintiff must prove their case beyond areasonable doubt.


An engineer does engineering work for a client without specific discussion about a fee. When the

client receives the invoice for services rendered, she refuses to pay the amount and sends theengineer 50% of the amount invoiced.

a. The engineer has no recourse because it is unethical to do engineering work before settinga fee in a contract.

b. The courts will not deal with these kinds of problems since they are related to thegovernance of a profession and therefore the engineer and client must come to some

agreement by mediation.

c. The engineer may apply to the courts who would decide a reasonable fee that theengineer deserves for the work done.


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The key factor found in fraudulent misrepresentation that is not present in negligentmisrepresentation is:

a. the person to whom the representation was made relied or acted upon the representation


c. the person making the representation knew it was false or misleading

d. a false or misleading representation is made


Which of the following is considered an essential element of a contract:

a. the requirement that all of the terms be in written form

b. intention to create legal obligations

c. a duty to carry out the obligation with reasonable care

d. fulfillment of the obligation under the contract


The two sources of law in Canada are:

a. Parliament and Provincial Legislatures

b. Statute Law and Common Law

c. Legal Rules and Legal Principles

d. Tort Law and Contract Law


Which of the following is not considered a form of alternative dispute resolution?

a. Administrative Tribunals

b. Fact Finding

c. Mediation


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d. Conciliation


Which of the following is an essential element to a finding of negligence?

a. Intent to commit the negligent act

b. Knowledge of precisely who will be harmed by the negligent act

c. Duty of care owed to the plaintiff

d. Damages in the form of economic loss


The standard of care for engineers is: (Choose the best answer)

a. the standard established by engineering design codes and provincial engineeringassociations.

b. different from that of the average reasonable person in the street.

c. established by engineering professionals owing to the technical complexity of engineering.

d. the standard when there is any foreseeable chance of injury to clients.


Ethical egoism is not compatible with professionalism.

a. True

b. False


The reasons for a professional to follow a code of ethics are similar to the reasons members ofgroups in society agree to cooperate to achieve a particular goal.

a. True

b. False


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A professional association provides the same services to its members as does a union of skilled

laborers.

a. True

b. False


A conflict of interest is not conflicting legitimate obligations such as those to an employer and to thepublic or a profession.

a. True

b. False


The role of professional engineering organizations is to determine who are allowed to identifythemselves as engineers, to set standards for entrance, education and performance, and todiscipline members who fail to meet the standards.

a. True

b. False


The paper Engineering Ethics and Society suggests that macro-ethical problems exist because of

the size of engineering projects being considered.

a. True

b. False


In a free society such as Canada, when you register as a professional engineer, you have the rightto not commit to the code of ethics of the profession.


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a. True

b. False


To avoid subjectivity and provide the best service to society, engineering design should be done

without any use of instincts or emotions.

a. True

b. False


Any graduate of an accredited engineering program can do engineering in British Columbia underthe supervision of a registered engineer.

a. True

b. False

Question 29: (1 point)Disclosure of a conflict of interest absolves one of any responsibility for the conflict of interest andits consequences.

a. True

b. False


If the Challenger disaster occurred in British Columbia and the four engineer/managers who madethe decision to launch were registered with APEGBC, they would be in violation of the followingitems of the APEGBC code of ethics:

a. Item 8

b. All of the above

c. The code of ethics does not apply to aerospace engineering


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d. Item 3

e. Item 1

f. a) and b) only


Ethics is (Choose the best answer)

a. a framework for resolving difficult moral decisions

b. learning how to interact with others in society

c. following the laws of the country in which you live

d. a set of rules for ones conduct


According to the paper Engineering Ethics and Society, the inability to predict the behavior ofsystems (Choose the best answer)

a. arises because of the complexity, and the chaotic and discrete nature of systems.

b. leads to the need for more computing power to model the systems more thoroughly.

c. arises because of the complexity of systems required to satisfy societys demand for moresustainable practices.

d. requires the development of more sophisticated models of systems that can take accountof the consequences of their failure.


An engineers responsibility for workplace safety can arise

a. as a result of being the representative of the employer who operates the workplace

b. as a consultant responsible for engineering work required under the Occupational Healthand Safety Act

c. All of the above


Professional engineers occupy an important role in society because: (Choose the best answer)


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a. Society needs the skills and expertise that professional engineers possess.

b. Professional engineering associations advertise the accomplishments of the profession andadvocate for the engineering profession.

c. Through their professional associations, they provide assurances to society regarding their

work standards and conduct.d. They understand how to build the systems that society needs to function.


Engineers should follow their professional code of ethics because

a. It improves the image of the profession resulting in larger salaries for engineers.

b. The public will trust engineers more once they know engineers are following a code of

ethics.

c. It provides a definition of what the public can expect from professional engineers.

d. It helps them avoid legal problems, such as getting sued.



a. people

b. location

c. clients

d. portfolio of past projects


An engineer working for a company should follow the code of ethics and forego his/her self-interestin the interest of

a. the clients he/she works for

b. the engineering profession

c. the company

d. the well-being and economic status of his/her family


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What will the Workers Compensation Board (or WorkSafe BC) pay for in the event of injury to aworker?

a. Loss of earnings

b. Healthcare costs

c. Pensions

d. Retraining for new occupation

e. All of the above

f. a, b, and d


Cheating in a law and ethics course

a. is unethical

b. is the height of irony

c. could have legal consequences if you are caught

d. could get you expelled if you are caught

e. all of the above


Cellphones:

a. are extremely convenient technology for organizing a busy life

b. should have more ring or vibrate styles

c. should remain off during an APSC 450 lecture and any other lectures or meetings you

might attend

d. should be recycled every year


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1. With respect to civil and criminal liability, which of the following statements is most accurate

a. The defendant cannot be found both civilly and criminally liable for the same wrong.

b. Civil liability is usually governed by the law of contract and negligence whereas criminal

liability is usually governed by the Criminal Code.

c. In both civil cases and criminal cases, the plaintiff

d. The plaintiff can file a civil action and a criminal action concurrently.

2. Which of the following is considered an essential element of a contract

a. the requirement that all of the terms be in written form

b. fulfillment of the obligation under the contractc. a duty to carry out the obligation with reasonable care

d. intention to create legal obligations

3. According to APEGBC an engineer in training (EIT) is entitled to:

a. co-sign engineering designs and drawings with a registered engineer.

b. use a job title with the word Engineer in it together with the title EITc. do entry level engineering with supervision from a registered engineer

d. all of the above

4. The association of professional engineers in each province has the power to:




d. discipline members of the profession who are guilty of unprofessional conducte. decide which engineering graduates can become engineers in training

f. all of the above are true

g. a), b), d) and e) are true

5. An engineer defending a charge of negligence will be liable for only those types of damages that are

reasonably foreseeable, even though the plaintiff suffered damage to a much greater degree than could beforeseen


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9. Which of the following is an essential element to a finding of negligence

a. Duty of care owed to the plaintiff a- duty of care is breached

b. Damages in the form of economic loss

c. Intent to commit the negligent actd. Knowledge of precisely who will be harmed by the negligent act

10. A consulting professional can act autonomously on behalf of a client whereas a scholarly professionaltypically acts under the direction of his/her employer.

a. True

b. False

11.Which of the following elements are necessary to achieve a contract

a. offer, acceptance, legality, ability to contract, considerationb. offer, acceptance, counteroffer, consideration, age of majority

c. offer, acceptance, legality, ability to contract, written contract terms, consideration

d. offer, acceptance, contract, ability to enter into a contract, legality, enforceability

Elements of Valid Contract Intention to create legal relationship

Offer

Acceptance

Consideration

Capacity to Contract

Legality

12. A conflict of interest can be actual, potential, or apparent but each type is equally easy to identify.

a. True

b. False

13. Clients of engineers typically do not have the ability to distinguish good decisions from thoseinfluenced by conflicts of interest the engineers might have.

a. True

b. False

14. One definition of engineering is that it is a grand social experiment.

a. Trueb. False

15. Conflicts of interest are inevitable partly because of the difficulty of eliminating the influence of

automatic mental processing on ones decisions.

a. True

b. False

16. To avoid subjectivity and to be as professional as possible, engineers should not use their emotionswhen doing design and making decisions.

a. True

b. False


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17. Proponents of a project who use utilitarian reasoning (e.g., cost-benefit analysis) to determine whether

the project should proceed have a conflict of interest.

a. True (ya coz utilitarian does not favour anybody, but you are supposed to work on

your employer's benefits)b. False

18. The ethics and moral behavior taught by our parents or by the society in which we were brought up is agood substitute for professional ethics.

a. True

b. False

19. Engineers should follow their professional code of ethics because

a. The public will trust engineers more once they know engineers are following a code ofethics.

b. It provides a definition of what the public can expect from professional engineers.

c. It helps them avoid legal problems, such as getting sued.d. It improves the image of the profession resulting in larger salaries for engineers.

20. An engineers responsibility for workplace safety can arise

a. as a result of being the representative of the employer who operates the workplace

b. as a consultant responsible for engineering work required under the Occupational Health

and Safety Act

c. All of the above

21. If you adopt Utilitarianism as a guiding ethical principle, then

a. You must establish the group that should be considered when determining utility

b. You must establish methods for measuring utility.

c. You must have procedures for selecting actions with equal utility.d. None of a), b) or c)


f. a) and b) only

22. An engineer working for a company should follow the code of ethics and forego his/her self-interest inthe interest of

a. the companyb. the well-being and economic status of his/her family

c. the clients he/she works for


23.For a professional, professional ethics (Choose the best answer)

a. is learning how to communicate with the public

b. means following the code of ethics of a professional association

c. defines standards for how a professional will interact with the public

24. The lunch bag game is a general model for:

a. how your self-interest must be sacrificed to benefit a group to which you belong.

b. how to act ethically, avoid nuclear war, or find a suitable date at a social function.


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c. what to say if you and your engineering partner are caught paying low fees for

engineering services and questioned separately by the provincial association.

d. how to act in your best interests if you are a member of a self-governing profession.

25. A professional engineer can be liable for omitting to mention something relevant in rendering anopinion.

a. Trueb. False

26. The common law is


b. law made in the Canadian Parliament.

c. law that the common person obeys.



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Who is entitled to receive a patent in Canada?

a. Any person who has obtained a patent in the United States or the United Kingdom

b. The first person to invent the invention

c. The first person to exploit the invention for commercial gain.

d. The first person with a patentable claim to file a patent.

e. The first person to have his claim approved by the Patents Office


Where economic conditions threaten the viability of an employers business, the employer mayterminate employees without notice.

a. True

b. False


Restrictive covenants duly signed by an employee that restrain the employee from making use ofthe employers confidential information after leaving the employers company are alwaysenforceable in the courts.

a. True

b. False


A gratuitous promise is one made for a small consideration.

a. True

b. False


Employment contracts of professional engineers are exempt from the BC Employment StandardsAct.

a. True

b. False


Andy is an employee of Compland, a computer equipment retailer. Part of Andys job is to explain


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the various advantages of the computers he delivers. One day, while delivering a computer toNathan, Andy becomes embroiled in an argument with Nathan about the particular computer. Andypushes Nathan, who falls and injures himself. Can Nathan successfully sue Compland for assault?

a. No, because Andy was on a frolic of his own.

b. Yes, because the employer is responsible for all the actions of its employees.

c. No, because the assault was carried out while Andy and Nathan were discussing a non-work-related topic.

d. No, because the employer did not tell Andy to argue with, or to push, the customers.

e. Yes, because the assault was carried out while Andy was in the course of his employment.


In situations where an employment contract does not specify some particular terms of employment,common law will be used to determine what terms the employer and employee would have agreedto.

a. True

b. False


Professionals are protected by virtue of registration and therefore can never be held liable foromitting to mention something relevant in giving an opinion

a. True

b. False


Mark is a chemical engineer who specializes in process control in chemical plants. Tanya meets himat a party and asks him a question about the equipment in a brewery she is interested in buying.Mark answers her question to the best of his knowledge. Tanya uses the information Mark gave herto make an offer on the brewery which is accepted. Several weeks later, before taking possession,Tanya realizes that Marks information was erroneous, and it is too late for her get out of the deal,without losing her $15,000 deposit. Does Mark have liability to Tanya in tort?

a. Yes, because any incorrect statement made by a professional is negligent.

b. No, but he could be liable under contract law.

c. No, because she did not pay for his advice.

d. Yes, because Mark ought to have known that Tanya would likely rely on his opinion, whichhe was not qualified to give.

e. No because he is not an expert in brewing equipment.



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Jerome is found guilty of professional misconduct by a disciplinary committee of his governingprofessional organization. Following the mandated procedure, the committee publishes the report ofthe disciplinary proceeding in the newsletter circulated to members of the profession. The noticesets out Jeromes name, the nature of his offence and the penalty imposed. Can Jerome sue theorganization for the effect on his reputation?

a. Yes, a defamation suit is possible for spreading statements about Jerome.

b. Yes, a battery suit is possible for the damage to Jeromes reputation.

c. Yes, a defamation suit is possible for damaging Jerome's reputation if the statement iserroneous or exceeds the organizations authority.

d. No, a defamation suit is not possible because the organization published the truth.

e. No, a defamation suit is not possible because the newsletter is not a communication tothird parties.


M invents a new type of composite-reinforced aluminum electrode. After describing it to a customer,

he installs a battery with the new electrodes in the customers car. About 14 months later thecustomer brings in his car for servicing and M sees that the electrode has worked so well that hedecides to apply for a patent. M is entitled to the patent?

a. True

b. False


A registered chemical engineer working as a chemical technician in a pulp and paper plant is notsubject to the Employment Standards Act.

a. True

b. False


Which of the following is protected by copyright in Canada?

a. A computer program

b. A business name

c. Engineering drawings

d. a) and c)

e. b) and c)

f. None of the above



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The fiduciary duty of an engineer to a non-engineer client arises, in part, because the engineer hasthe discretion to use his special knowledge for the clients interests.

a. True

b. False


The intention to form a legal contract may be inferred from the conduct of the parties

a. True

b. False


The standard of care required to be met by professionals under the law of negligence is:

a. That of the best qualified member of that profession in the province.

b. Set only by professional organizations.

c. Always assessed in hindsight.

d. To exercise the same degree of skill as is generally expected of members of thatprofession.

e. That of the average person riding the bus


An offeree receives an offer consisting of two conditions and then makes a counter-offer thatinvolves only one of the conditions. A contract can result if the offeror agrees to the counter-offer.(Breathe deeply and read it again.)

a. True

b. False


A fiduciary duty arises when a professional can bind a client in a contract that would require theclient to pay significant sums of money

a. True

b. False


Fiduciary duty owed to a client must be spelled out in a contract with that client.


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a. True

b. False


A professional owes a duty of care in tort but never in contract

a. True

b. False


47/139

APSC 450 UBC 1


Where a client has a claim against a professional in either tort or contract, the client must chooseone or the other before launching a lawsuit.

a. True

b. False


In Canada, a professional engineer owes a duty in tort but not in contract if he/she is registeredwith a provincial association.

a. True

b. False


Contract law, tort law, and the concept of fiduciary duty all apply one at a time and only one ofthese may be applied in any particular case; otherwise one could experience double jeopardy whichwould be unjust.

a. True

b. False


A consulting professional can act autonomously on behalf of a client whereas a scholarlyprofessional typically acts under the direction of his/her employer.

a. True

b. False


A contract can be terminated once the time required to complete the obligations of the contract has

passed.

a. True

b. False


48/139

APSC 450 UBC 2

ion 6:Quest (1 point)

contract is said to be formed at the time the offeree posts a letter ofThe post-box r le, where auacceptance to the offeror when the contract is formed through the mail, is difficult to apply toelectronic mail because of differences in server technology and e-mail programs.

a. True

Falseb.

uestion 7:Q (1 point)

ndant must prove that the plaintiff owed a duty of care, that the plaintiffIn any tort act n, the defeiobreached the duty by acting as he did and that the plaintiff's breach caused damage to thedefendant.

a. True

b. False


fined as a modification of the original offer.A counter-offe could be der

a. True

b. False


s to an improvement of an art, process, machine, manufacture, orAn invention which amountcomposition of matter is not patentable in Canada.

a. True

b. False


l engineering association protects the professional engineer fromRegistration wit a provinciah

liability for any incorrect opinion given to a client.

a. True

b. False


49/139

APSC 450 UBC 3


is entitled to:According to APEGBC an EIT

a. place the title EIT after their name.

b. co-sign engineering designs and drawings with a registered engineer.

c. use such job titles as Engineer, Junior Engineer, Project Engineer, Sales Engineer, andSoftware Engineer.

ring with supervision from a registered engineer.d. do entry level enginee

all of the abovee.


g work for a client without specific discussion about a fee. When theAn engineer doe engineerinsclient receives the invoice for services rendered, she refuses to pay the amount and sends the

engineer 50% of the amount invoiced.

se kinds of problems since they are related to thea. The courts will not deal with thegovernance of a profession and therefore the engineer and client must come to someagreement by mediation.

b. he courts who would decide a reasonable fee that theThe engineer may apply to tengineer deserves for the work done.

is unethical to do engineering work before settingc. The engineer has no recourse because ita fee in a contract.


al engineers in each province has the power to:The association of profession




d. discipline members of the profession who are guilty of unprofessional conduct

e. decide which engineering graduates can become engineers in training

f. all of the above

g. a), b), d) and e


50/139

APSC 450 UBC 4


issues such as:An employment contract should address

a. what constitutes reasonable notice of termination, ownership of intellectual property,confidentiality, and terms of payment.

d reasonable notice of termination.b. terms of payment, allowable vacations, an

the chain of command in the company, salary levels, and what constitutes reasonablec.notice of termination.


The common law is


b. law that the common person obeys.

c. law made in the Canadian Parliament.



ions will NOT render a contract unenforceable (apologies for the doubleWhich of the fol wing situatlonegative; reverse its sense and all will be clear):

a. misrepresentation

b. uncertain terms

c. existence of an agreement to agree

d. an oral agreement


rce of employment law?Which of the fol wing is not a soulo

a. Human Rights codes

b. Labour Relations legislation

c. Contract law

d. Income Tax Act


51/139

APSC 450 UBC 5


essential element of a contract:Which of the fol wing is considered anlo

a. intention to create legal obligations

fulfillment of the obligation under the contractb.

the requirement that all of the terms be in written formc.

a duty to carry out the obligation with reasonable cared.


ered a Tort:Which of the fol wing is not considlo

a. defamation

b. unjust enrichment

c. trespass

d. false imprisonment


nflicting legitimate obligations such as those to an employer and to theA conflict of interest is not copublic or a profession.

a. True

b. False


icant influences and motivators when making ethical decisions.Fear and anger can be signif

a. True

b. False


52/139

APSC 450 UBC 6


actual, potential, or apparent but each type is equally easy to identify.A conflict of interest can be

a. True

Falseb.


ety suggests that macro-ethical problems exist because ofThe paper Eng eering Ethics and Sociinthe size of engineering projects being considered.

a. True

b. False


here engineering principles are involved, the WorkersTo provide assurances of safety wCompensation Board accepts an engineer with a bachelors degree and at least four yearsexperience.

a. True

b. False


ritish Columbia is primarily concerned with rehabilitationThe Workmens Compensation Board of Band compensation of workers injured in workplace accidents.

a. True

b. False


en you register as a professional engineer, you have the rightIn a free society such as Canada, whto not commit to the code of ethics of the profession.

a. True

b. False


53/139

APSC 450 UBC 7


nnecessary because we are taught how to behave ethically and morally by ourwhich we were brought up.

Learning ethics is uparents or by the society in

a. True

b. False


ineering are simple to make since what engineers do has remained almost theDefinitions of engsame for the las century.t

a. True

b. False


rking for a company should follow the code of ethics and forego his/her self-interestAn engineer woin the interest of

a. the company

b. the clients he/she works for

c. the well-being and economic status of his/her family



racteristic of a superior communicator is:The preeminent cha

a. rapport building

b. word and body language consistency

writing abilityc.

listening abilityd.


54/139

APSC 450 UBC 8


of Double Effect applied to engineering practice suggests (Choose the best answer)The Doctrine

a. that engineers need not concern themselves with assessing goodness or badness as longas they do not perform a bad act to achieve some good for society.

b. that practicing engineers can do an act that probably results in some goodness and some

badness, but where the goodness is greater than the badness.

c. that engineers can do a bad act as long as it results in significantly more goodness thanbadness.

d. that engineers and society need to establish measures of goodness and badness.

e. that engineers can do an act that results in goodness but also some badness, wherebadness is much less than the goodness.

the

Ques iot n 33: (1 point)


a. portfolio of past projects

b. clients

c. location

d. people

Ques ion 34:t (1 point)

is a general model for:The lunch bag game

a. how to act in your best interests if you are a member of a self-governing profession.

b. what to say if you and your engineering partner are caught paying low fees forengineering services and questioned separately by the provincial association.

c. how your self-interest must be sacrificed to benefit a group to which you belong.

d. how to act ethically, avoid nuclear war, or find a suitable date at a social function.


is a breach of the code of ethics and could be dealt with by an investigativee provincial association. If loss or damage results from the conflict ofthe person(s) involved in the conflict of interest liable.

A conflict of interestcommittee esta ished by thinterest, the cou ts may find

blr

a. Both statements are false.

b. Both statements are true.

c. The second statement is true and the first is false.

d. The first statement is true and the second is false.


55/139

APSC 450 UBC 9


orkers Compensation Board Engineering Section do?What does the W

a. Investigate industrial accidents

b. Review products and equipment

c. Develop regulations

d. All of the above

e. a and b


paper Engineering Ethics and Society, the inability to predict the behavior ofswer)

According to thesystems (Choose the best an

f more sophisticated models of systems that can take account

of the consequences of their failure.a. requires the development o

b. arises because of the complexity of systems required to satisfy societys demand for more

sustainable practices.

c. leads to the need for more computing power to model the systems more thoroughly.

d. arises because of the complexity, and the chaotic and discrete nature of systems.


is important to the engineering profession because:A conflict of interest

a. Engineers are consulted for their expertise and skill and their adbe unbiased.

vice and judgment must

b. Many individuals may depend on engineering advice which must therefore be reliable.

c. Considerable trust is place in engineers and this trust must not be compromised in orderfor the profession to be held in high regard.

d. All of the above

e. a) and b) only

f. c) only


56/139

APSC 450 UBC 10


Cellphones:

a. should have more ring or vibrate styles

should be recycled every yearb.

are extremely convenient technology for organizing a busy lifec.

should remain off during an APSC 450 lecture and any other lectures or meetings youd.might attend


ve taken APSC450 are:Engineering students who ha

da. professional, reverent, reserved, and sophisticate

b. mature, polished, distinguished, and developed

c. committed, sensible, reliable, and responsible

d. persistent, dedicated, devoted, and prepared

e. all of the above and possibly more

Question1:(1point)tialityofanengineertohis/herclientdoesnotendoncethecontract

uestion2:(1point)rvicesforfreealwaysresultsinunjustenrichmentfortherecipientof

uestion4:(1point)ctliability,amanufacturerwillalwaysavoidliabilityaslongasthey

stion6:(1point)

Thedutyofconfidenbetweenthemisterminated.a True

b.FalseQDoingengineeringsetheservices.a.True b False

QInthecaseofproduhaveissuedaproperlydrafteddisclaimer.a.Trueb FalseQue


57/139

APSC 450 UBC 11

Aprofessionalengineercanbeliableforomittingtomentionsomethingrelevantin

b.False

uestion7:(1point)Afindingofvicariousliabilityofanemployerfortheactsofanemployeeexcusesthe

undliableintort.

b.False

uestion8:(1point)Professionalengineeringassociationshavetherighttoprosecutemembersforviolating

termsoftheirlicencetopracticeengineering.

b.False

uestion9:(1point)Withrespecttoengineeringandproductliability,theprincipalaimoftortlawistoprovidea

signormanufacture.

b False

uestion10:(1point)Afiduciarydutycanarisewhenanengineerperformsservicesforaclient.

b.False

uestion11:(1point)Whichofthefollowingisnotconsideredaformofalternativedisputeresolution?

b.Conciliationribunals

uestion13:(1point)Whichofthefollowingstatementsmostaccuratelydescribestheinteractionbetweencivil

ility?

ernedbythelawofcontractandnegligencewhereascriminalabilityisusuallygovernedbytheCriminalCode.

beyondaasonabledoubt.

renderinganopinion.a TrueQemployeefrombeingfo a True

Qcodesofconductorthea.True

Qdeterrenttocarelessdea.TrueQ a True

Qa.FactFindingc.Administrative Td.Mediation

Qliabilityandcriminalliaba.Civilliabilityisusuallygovlib The plaintiff can file a civil action and a criminal action concurrently

c.Inbothcivilcasesandcriminalcases,theplaintiffmustprovetheircasere


58/139

APSC 450 UBC 12

.

Thestandardofcareforengineersis:(Choosethebestanswer)

omplexityofengineering.b the standard established by engineering design codes and provincial engineering

t

uestion 23:

d.ThedefendantcannotbefoundbothcivillyandcriminallyliableforthesamewrongQuestion14:(1point)a.establishedbyengineeringprofessionalsowingtothetechnicalcassociations c.thestandardwhenthereisanyforeseeablechanceofinjurytoclients.d.differentfrom

Q (1 point)

gineering is that it is a grand social experiment.One definition of en

a. True

b. False


r man on the ground to handle company interests in a foreign country is thef bribery.

Hiring a local agent obest way to avoid charges o

a. True

b. False


e-blowing results from an inconsistency in typical engineering codes of ethics.The need for whistl

a. True

b. False


s Compensation Board of British Columbia is primarily concerned with rehabilitation

s injured in workplace accidents.

The Workmen

and compensation of worker

a. True

b. False



59/139

APSC 450 UBC 13

ineering Ethics and Society suggests that macro-ethical problems exist because ofeing considered.

The paper Engthe size of engineering projects b

a. True

b. False


ratic ethics is that societys views can be used to evaluate whether a technologyceptable or not.

The idea of democis ethically ac

a. True

b. False


suggests that:Kantian ethics



Categorical rules may be broken if anyone can do the same at any time.c.

None of a), b) or c)d.

. All of a), b) and c)e

a) and b) onlyf.


Workers Compensation Board pay for in the event of injury to a worker?What will the

a. Loss o earningsf

b. Healthcare costs

Pensionsc.

Retraining for new occupationd.

All of the abovee.

a, b, and df.


60/139

APSC 450 UBC 14

ion 33:

Quest (1 point)

saster was an example of unprofessional decision-making because (Choose theTbhe Challenger diest answer)

a. The manager of engineering at Morton-Thiokol, Bob Lund, was asked to make amanagement decision (to take off his engineering hat) rather than an engineeringdecision about the safety of the O-rings on the rocket.

b. The engineers were asked to show that the rocket was unsafe to fly, not that it wto fly.

as safe

c. essional association andNone of the engineers involved was registered with a proftherefore was not bound by a code of ethics.

eers did not display their data on O-ring safety properly.d. The engin


terest for an engineer to:It

is a conflict of in

engineering work for each companya. disclos to two come panies competing for the same contract that you are doing similar

.

b. be a member of a committee that develops safety standards for equipment produced byhis/her engineering company.

ty standards for equipment produced byc. be a member of a committee that develops safethe engineer's company and failing to disclose ways in which the engineers company maybenefit from recommendations drafted by the committee.

d. All of the above.


of workplace relationships, self regulation is best defined as:In

the context

a. The ab ity to underil stand the emotional makeup of other people.

b. Control of the desire to work for only money or status.

c. Being silent even when bad news or the poor work of subordinates causes anger.

d. The ability to control or redirect disruptive impulses and moods.


s in virtually every engineering code of ethics is that every engineer shall holdety, health, and welfare of the public. What is meant by public? (Choose the

Apclause that occuraramount the saf

best answer.)


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APSC 450 UBC 15

a. Anyone, such that holding public safety paramount means never putting anyone in any

danger at any time.

ns who lack the technical knowledge and expertise to completely understandb. Those persothe risks and benefits of a product, system or structure.

blic safety is the safety of everyone more or less equally.c. Everyone, such that pu


rs have a high degree of emotional intelligence because their professionalself-governing.

Canadian engineeassociations are

a. True

b. False

xtra Questions:

uty can arise when an engineer performs services for a client.

True

engineering associations have the right to prosecute members fors of conduct or the terms of their licence to practice engineering.

p a promise constitutes a binding contractual promise at

b

E

A fiduciary d

a.b. False

Professionalviolating code

a. Trueb. False

A moral obligation to keelaw.

a. True. False


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APSC 450 UBC 16

In any tort action, the defendant must prove that the plaintiff owed a duty of care,

a. Trueb

Registration with a provincial engineering association protects the professional

a. Trueb

In the case of product liability, a manufacturer will always avoid liability as long as

a. Trueb

A contract can be terminated once the time required to complete the obligations of

a. Trueb

Doing engineering services for free always results in unjust enrichment for the

a. True

the key factor found in fraudulent misrepresentation that is not present in negligent

a. the person to whom the representation was made relied or acted upon the

sulting from relying or acting upon the representation

d

Question 13: (1 point)is an essential element to a finding of negligence?

that the plaintiff breached the duty by acting as he did and that the plaintiff's breachcaused damage to the defendant.

. False

engineer from liability for any incorrect opinion given to a client.

. False

they have issued a properly drafted disclaimer.

. False

the contract has passed.

. False

recipient of the services.

b. False

misrepresentation is:

representation ??????b. there was damage re

c. the person making the representation knew it was false or misleading. a false or misleading re

Which of the following


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APSC 450 UBC 17

a. Damages in the form of economic loss

ed by the negligent act

Question 14: (1 point)g elements are necessary to achieve a contract:

a. offer, acceptance, counteroffer, consideration, age of majoritys,

nce, legality, ability to contract, consideration

Question 15: (1 point)g elements is NOT necessary for a finding of unjust

a. absence of a juristic reason for the enrichment

ion

E ys:18: (1 point)

or engineers is: (Choose the best answer)

a. established by engineering professionals owing to the technical complexity of

when there is any foreseeable chance of injury to clients.

cial

E21: (1 point)

ineering is that it is a grand social experiment.

a. Trueb

Question 22: (1 point) blowing results from an inconsistency in typical engineering

a. True

b. Duty of care owed to the plaintiffc. Knowledge of precisely who will be harm

d. Intent to commit the negligent act

Which of the followin

b. offer, acceptance, legality, ability to contract, written contract termconsiderationc. offer, accepta

d. offer, acceptance, contract, ability to enter into a age of maturity

Which of the followinenrichment:

b. an intent to defraudc. a corresponding deprivat

d. an enrichment

ckosaQuestion The standard of care f

engineering.b. the standard

c. different from that of the average reasonable person in the street.d. the standard established by engineering design codes and provin

engineering associations. ??????ckosays:Question One definition of eng

. False

The need for whistle-codes of ethics.

b. False


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APSC 450 UBC 18

Question 25: (1 point)es of a profession are: organization of practitioners into a

a. Trueb

Question 34: (1 point)CompensationBoardpayforintheeventofinjurytoaworker?

a.Lossofearnings

rnewoccupation

f.

Question 38: (1 point)s occupy an important role in society because: (Choose the

a. Through their professional associations, they provide assurances to society

at society needs to function.

d engineers possess. ??

Canadian engineers have a high degree of emotional intelligence because their

a. Trueb

.An engineer defending a charge of negligence will be liable for only those types of damages that

Two necessary featurprofessional association and the requirement of a period of apprenticeship formembers of the association.

. False

What will the Workersb.Healthcarecostsc.Pensionsd.Retrainingfo e All of the above

a,b,andd

Professional engineerbest answer)

regarding their work standards and conduct.b. They understand how to build the systems th

c. Professional engineering associations advertise the accomplishments of theprofession and advocate for the engineering profession.. Society needs the skills and expertise that professional

professional associations are self-governing.

. False

4are reasonably foreseeable, even though the plaintiff suffered damage to a much greater degreethan could be foreseen.

a. True

b. False


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APSC 450 UBC 19


vestigation and discipline of a member that has embezzledThe most likely outcome of an APEGBC in$1,000,000 and has been found guilty in a court of law is:

a. Membership is revoked.

b. A public flogging by masked student engineers dressed in black cloaks with red trim.

c. APEGBC would not review this matter because the member is in jail.

d. APEGBC would not impose a penalty as this is a legal, not engineering, matter.

e. A public reprimand.

nder

n 8:

re

Questio (1 point)

s offered by an engineer or other professional without consideration,Gratuitous promises, or servicecan occur before the services are rendered, and during the period when services are being carriedout.

a. True

b. False

uestion 30:

Q (1 point)

mployees, the most significant portion of the fee of a consultingAfter salary and enefits to eb

engineer is

fitsa. pro

b. federal and provincial taxes to be paid

c. pre-tax profits

d. overhead

ractice Review is best described as:P

a. The Association reviewing the practice of members.

b. The Provincial Government reviewing the practice of engineering or geoscience firms.

c. The Association reviewing the performance of engineering or geoscience firms.


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APSC 450 UBC 20

d. The Provincial Government reviewing the practice of individual engineers.


dulent misrepresentation that is not present in negligentThe key factor found in fraumisrepresentati is:on

eading representation is madea. a false or misl


c. the person to whom the representation was made relied or acted upon therepresentation

d. the person making the representation knew it was false or misleading

uestion 32:

Q (1 point)best described as:A Practice Review is

erformance of engineering or geoscience firms.a. The Association reviewing the p

b. The Association reviewing the practice of members.

c. The Provincial Government reviewing the practice of individual engineers.

d. The Provincial Government reviewing the practice of engineering or geoscience firms.

uestion 36:

Q (1 point)

suggests that:Kantian ethics

bsolute and have no conditions.a. Categorical rules are a





f. a) and b) only


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APPLIED SCIENCE 450PROFESSIONAL ENGINEERING PRACTICECase 1 Torts and Professional Liability

RequiredOne or two sentence answers to each question. Let the space beneath each question

be your guide to the amount of answer required.

1) What is the main purpose of tort law?

To compensate an injured party for harm suffered by the wrongdoing of othersA secondary purpose is deterrence

2) What must a plaintiff prove in order to succeed in an action based on negligence?

That a duty of care was owed by the defendant to the plaintiff

That a breach of that duty occurred

That damage resulted from the breach of duty3) How do the courts determine the standard of care to be expected of an engineer?

Written standards for conduct and/or performance of engineering designExpert testimony by other practitioners

Was the appropriate level of skill and knowledge applied?

4) What are the criteria used to determine a professionals duty of care to third parties or personswho are not clients?

Proximity of the relationship to the third party

Purpose and audience of the information or advice provided by the professionalAlso accepted, but not as good an answer:

Is the potential for damage foreseeable to the third party foreseeable?

Was the professional aware of this?5) What is the main justification of the principle of vicarious liability?

That those who profit from an activity should bear the losses associated with the activity.

6) What is the duty of a learned intermediary?To transmit a product warning from a manufacturer to the ultimate user of the product

7) If a product is found to be defective and causes damage despite the use of an inspection system

that tests each product for the defect that occurred, could the manufacture

Documents

Quesiton s