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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

Identify two different types of tort

- Negligent tort (careless conduct)




- Strict-liability tort (absolute liability)

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

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

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

Describe an area of an engineer's work which could attract liability in negligent misrepresentation.

-Signing off on unchecked documents

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.

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

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

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

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

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.

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

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

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)

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

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

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

Identify one major difference between the CEAA 95 and 12

It now focuses on larger projects of federal interest.