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19 Cards in this Set
- Front
- Back
What is a Tort? |
A civil wrong-doing that causes losses resulting in legal liability |
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Identify two different types of tort |
- Negligent tort (careless conduct) - Strict-liability tort (absolute liability) |
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What are the conditions for a claim of negligence to be successful? |
-Duty of care exists -Breach of duty occurred -Damage arose due to breach |
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To what standard of care is an engineer held when acting in his or her professional capacity? |
-To only accept responsibility when qualified -To obtain services if underqualified -To be honest with one's client/employer & self |
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How do the courts establish the required "Standard of Care" to be upheld by the professional? |
-Creation of legislative statues to govern provincial organizations such as APEGBC |
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Describe an area of an engineer's work which could attract liability in negligent misrepresentation. |
-Signing off on unchecked documents |
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In the SCC case Edgeworth Construction Ltd. V N.D. Lea & Associates, the question arose as to who owes the duty in the case of negligent design - the professional or the professional's firm. Comment on the judgement in this case. |
The professional's firm was held liable because the province had a limited liability clause exempting them. Even though ND Lea had no contract with Edgeworth, they weren't protected by the clause & their misrepresentation was their own. |
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In a traditional tender, all compliant bidders are in Contract A with the owner. Under the Contract A, what are the obligations of the parties to the contract? |
Owner: Follow express terms of CA, dismiss non-compliant bids, treat all bidders fairly Bidder: respect specified privileges |
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In the context of an RFP, what duties and obligations does the existence of a Contract A imply? |
-Fairness -Intention to enter negotiations -Dismiss non-compliants |
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In tender law, the owner has the right to reserve privileges to itself. List and define 3 such clauses. |
-Privilege Clause: right to not accept lowest or any bid -Discretion Clause: right to waive irregularities in NC bids -Limitation/Exclusion Clause: limits breach of contract claims |
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In Tercon Cont. vs BC, much attention was paid to a particular clause. What was this clause? What implication did the judgement have on future reliance on this clause? |
-Limitation/Exclusion Clause -A more broad version of exclusion clauses could limit liability to owners than was used in this case |
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Describe the implication of the two following court cases: d) Cont. Steel vs. Mierau Cont. wrt Duty of Fairness e.) Stanco Projects Ltd. vs HMTQ wrt Bid Shoppingq |
d.) It showed that with proper record-keeping, the privilege clause is justified by proving duty of fairness e.) It was unethical to bid shop in the manner exhibited. It didn't show a duty of fairness to compliant bidders. |
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With the aid of a diagram, depict the interrelationship between the Constitution, Legislation, and the Common Law. |
-All statutes under constitution -Common law w/ constitution -Statues & common law affect eachother |
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In BC what is the hierarchy (descending) of the court system beginning with the highest cort. |
Supreme Court of Canada BC Court of Appeals BC Supreme Court Provincial Court of BC |
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As an EIT, explain three sources of law that you should be aware of and describe a scenario where they might apply to you. |
- Common Law (contracts during work) -Legislative Law (Engineers & Geoscientists Act) -Bylaws (design limitations under contract) |
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Describe in broad terms the division of powers between the Federal/Provincial gov. and provide examples of each. |
Federal: National importance -foreign affairs -criminal law -trade & commerce Provincial: Local importance -ownership of land -regulation of professions -civil law |
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What were the rights guaranteed under the charter? Who does the charter protect and from whom? |
-freedom of thought/religion/peaceful assembly/association -right to fair trial and due process protects citizens from their government |
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Identify 3 pieces of enabling provincial legislation (acts) that authorize municipalities in BC to create bylaws and regulations. |
-Local Government Act -Community Charter -Vancouver Charter |
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Identify one major difference between the CEAA 95 and 12 |
It now focuses on larger projects of federal interest. |