Peo Ppe Law Case Precedents

Front 1

Case: Edgeworth v ND Lea

Back 1

Precedent: Duty of Care, especially without contract (a professional owes a duty of care where their advice is being taken, with or without contract)

Front 2

Case: Donoghue v Stevenson

Back 2

Precedent: Unintentional tort of negligence (Where defendant owes a duty of care; Where the defendant's actions breached that duty; and where the plaintiff is injured; Then defendant is liable in tort)

Front 3

Case: Hedley Bryne v Heller

Back 3

Precedent: Even without contract, statements by a Professional qualify as liable in tort where the Professional's input is relied upon. A duty of care is owed where the Professional is providing expertise in statements.

Front 4

Case: The Moorcock

Back 4

Precedent: Implied terms in contract;

Front 5

Case: Wolverine Tube (Canada) Inc. v Noranda Metal

Back 5

Precedent: Canadian version of Hedley Bryne v. Heller; Establishes professional liability. Really, similar to Edgeworth v. N.D. Lea.

Front 6

Case: Harbutt's Plasticine v Wayne Tank & Pump

Back 6

Precedent: Doctrine of Fundamental Breach is established, in England. The fundamental terms of the contract, if breached, preclude any exemption clauses.
Part (1) in Fundamental Breach History

Front 7

Case: Hunter Engineering v. Syncrude

Back 7

Precedent: The Doctrine of Fundamental Breach was "put to rest" in Canada; Exemption clauses to be strictly followed

Part (2) in Fundamental Breach History

Front 8

Case: Imperial Glass v Consolidated Supplies

Back 8

Precedent: A unilateral mistake in a contract, will be upheld --- Don't screw up contract writing!

Front 9

Case: Belle River v. Kaufmann Co. (1977)

Back 9

Precedent: A bid is not a contract; Bids may be revoked.

Part (1) in Contract "A" history

Front 10

Case: Ron Engineering v. The Queen in Ontario (1981)

Back 10

Precedent: Participation in a bid process is accepting of an initial contract, defined by the Tender. Thus began the concept of Contract "A".

Part (2) in Contract "A" history.

Front 11

Define: Tort

Back 11

Private or civil injury or wrong, by means of negligence, with or without contract.

Front 12

Define: Practice of Professional Engineering

Back 12

Involves the design, review, analysis, evaluation, or management/supervision of these acts; Where public welfare (health, financial/property, or environment) is concerned; and where applied sciences are required.

Front 13

Define: Purpose of the PEO

Back 13

The PEO is meant to regulate members of the profession (license holders and certificate holders) where the public interests are concerned, according to the Professional Engineers Act and PEO Regulations and By-Laws.

Front 14

Explain: How Self-Regulation Works

Back 14

Laws are not passed to govern the body;

Instead, self-governed body appoints staff and council to administer PE Act and PEO Regulations; Includes self-discipline; All in the interests of the public

Front 15

Define: Secret Commission

Back 15

Offerring or accepting a bribe -- in turn for altering the way someone does business, causing damage to another party; A criminal Offence in Canada, and in violation of Engineer's Code of Conduct;