Quesiton S

Intellectual property
Question 9: (1 point)
An invention which amounts to an improvement of an art, process, machine, manufacture, or
composition 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 the
customer brings in his car for servicing and M sees that the electrode has worked so well that he
decides 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)

f. None of the above

Employment law
Question1:(1point)
Thedutyofconfidentialityofanengineertohis/herclientdoesnotendoncethecontract
betweenthemisterminated.
a.True
b.False
Question7:(1point)
Afindingofvicariousliabilityofanemployerfortheactsofanemployeeexcusesthe
employeefrombeingfoundliableintort.
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

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 always
enforceable in the courts.

a. True

b. False

Employment contracts of professional engineers are exempt from the BC Employment Standards
Act.

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 agreed
to.

a. True

b. False

A registered chemical engineer working as a chemical technician in a pulp and paper plant is not
subject to the Employment Standards Act.

a. True

b. False

Contract law:

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 double
negative; 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 reasonable
notice of termination.

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 has
passed.

a. True

b. False

The post-box rule, where a contract is said to be formed at the time the offeree posts a letter of
acceptance to the offeror when the contract is formed through the mail, is difficult to apply to
electronic 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 that
involves 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 the
client to pay significant sums of money

a. True

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 at
law.

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

Which of the following elements are necessary to achieve a contract:

a. offer, acceptance, counteroffer, consideration, age of majority
b. offer, acceptance, legality, ability to contract, written contract terms,
consideration
c. 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 breach
caused damage to the defendant.

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

a. True

b. False

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

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 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 him
at 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 her
to 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, which
he 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 governing
professional organization. Following the mandated procedure, the committee publishes the report of
the disciplinary proceeding in the newsletter circulated to members of the profession. The notice
sets out Jeromes name, the nature of his offence and the penalty imposed. Can Jerome sue the
organization 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 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 to
third parties.

Consulting

After salary and benefits to employees, the most significant portion of the fee of a consulting
engineer 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 scholarly
professional typically acts under the direction of his/her employer.

a. True

b. False

Product liability

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

a. True
b. False

Question4:(1point)
Inthecaseofproductliability,amanufacturerwillalwaysavoidliabilityaslongasthey
haveissuedaproperlydrafteddisclaimer.
a.True
b.False

Question9:(1point)
Withrespecttoengineeringandproductliability,theprincipalaimoftortlawistoprovidea
deterrenttocarelessdesignormanufacture.
a.True
b.False
Dispute resolution:

Question11:(1point)
Whichofthefollowingisnotconsideredaformofalternativedisputeresolution?
a.FactFinding
b.Conciliation
c.AdministrativeTribunals
d.Mediation

Introduction to law:

Question13:(1point)
Whichofthefollowingstatementsmostaccuratelydescribestheinteractionbetweencivil
liabilityandcriminalliability?
a.Civilliabilityisusuallygovernedbythelawofcontractandnegligencewhereascriminal
liabilityisusuallygovernedbytheCriminalCode.
b.Theplaintiffcanfileacivilactionandacriminalactionconcurrently.
c.Inbothcivilcasesandcriminalcases,theplaintiffmustprovetheircasebeyonda
reasonabledoubt.
d.Thedefendantcannotbefoundbothcivillyandcriminallyliableforthesamewrong.

Engineering:

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

a. Through their professional associations, they provide assurances to society
regarding 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 the
profession and advocate for the engineering profession.
d. Society needs the skills and expertise that professional engineers possess. ??

Two necessary features of a profession are: organization of practitioners into a
professional association and the requirement of a period of apprenticeship for
members of the association.

a. True
b. False

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

a. True

b. False

Question14:(1point)
Thestandardofcareforengineersis:(Choosethebestanswer)
a.establishedbyengineeringprofessionalsowingtothetechnicalcomplexityofengineering.
b.thestandardestablishedbyengineeringdesigncodesandprovincialengineering
associations.
c.thestandardwhenthereisanyforeseeablechanceofinjurytoclients.
d.differentfromt

Workmens compensation board:

What will the WorkersCompensationBoardpayforintheeventofinjurytoaworker?
a.Lossofearnings
b.Healthcarecosts
c.Pensions
d.Retrainingfornewoccupation
e.Alloftheabove
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 rehabilitation
and compensation of workers injured in workplace accidents.

a. True

b. False

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

a. True
b. False

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

a. True
b. False

Ethics:

An engineer working for a company should follow the code of ethics and forego his/her self-interest
in 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 our
parents 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 right
to 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 the
public or a profession.

a. True

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 of
the size of engineering projects being considered.

a. True

b. False

Professionals are protected by virtue of registration and therefore can never be held liable for
omitting 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 for
engineering 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.

A conflict of interest is a breach of the code of ethics and could be dealt with by an investigative
committee established by the provincial association. If loss or damage results from the conflict of
interest, 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 of
systems (Choose the best answer)

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

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.

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 must
be unbiased.

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 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)
Doingengineeringservicesforfreealwaysresultsinunjustenrichmentfortherecipientof
theservices.
a.True
b.False

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

a. True

b. False


a. True

b. False

The idea of democratic ethics is that societys views can be used to evaluate whether a technology
is ethically acceptable or not.

a. True

b. False

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 similar
engineering work for each company.

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

c. be a member of a committee that develops safety standards for equipment produced by
the engineer's company and failing to disclose ways in which the engineers company may
benefit 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 hold
paramount the safety, health, and welfare of the public. What is meant by public? (Choose the
best answer.)

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

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

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

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

a. True

b. False

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

a. True
b. False
Canadian engineers have a high degree of emotional intelligence because their
professional associations are self-governing.

a. True
b. False
Kantian ethics suggests that:






f. a) and b) only

Unknown
Practice 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.

The key factor fou
misrep
nd in fraudulent misrepresentation that is not present in negligent
resentation 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 misleading

e

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
Gratu
ca
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 carried n occur before
out.

a. True

b. False

4.An engineer defending a charge
a
of negligence will be liable for only those types of damages that
re reasonably foreseeable, even though the plaintiff suffered damage to a much greater degree
than eseen. TORT could be for

a. True

b. alse

F

Which of the following elements is NOT necessary for a finding of unjust
enrichment
ud
. a corresponding deprivation
d. an enrichment
E
uestion 18: (1 point) TORT
y of
verage reasonable person in the street.
tandard established by engineering design codes and provincial
s.
E
uestion 21: (1 point)
ition of engineering is that it is a grand social experiment.
a. True
b. False

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

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

oing engineering services for free always results in unjust enrichment for the
e services.
a. True
b. 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 complexit
engineering.
b. the standard when there is any foreseeable chance of injury to clients.
c. different from that of the a
d. the s
engineering association
ckosays:
Q
One defin

Q
Which of the following is an essential eleme

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

D
recipient of th

th
misrepresentation 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
alse or misleading re d. a f

saster was an example of unprofessional decision-making because (Choose the The Challenger di
best 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 engineering
decision 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 local
best w
agent or man on the ground to handle company interests in a foreign country is the
charges of bribery. ay to avoid

a. True

b. False

Professionalengineeringassociationshavetherighttoprosecutemembersforviolating
ductorthetermsoftheirlicencetopracticeengineering.
a.True
b.False

Aprofessionalengineercanbeliableforomittingtomentionsomethingrelevantin
opinion.
a.True
b.False
Question8:(1point)
codesofcon

Question6:(1point)
renderingan

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 you
might 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

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 long
as they do not perform a bad act to achieve some good for society.

b. me goodness and some that practicing engineers can do an act that probably results in so
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 than
badness.

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

The preeminent characteristic of a superior communicator is:

a. rapport building

consistency b. word and body language

c. writing ability

d. listening ability

Definitions of engineering a
sa
re simple to make since what engineers do has remained almost the
st century. me for the la

a. True

b. False

To provide assurances of safety where engineering principles are involved, the Workers
Compensatio
e
n Board accepts an engineer with a bachelors degree and at least four years
xperience.

a. True

b. False

The Workmens Compensation Board of British Columbia is primarily concerned with rehabilitation

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 that
profession.

e. That of the average person riding the bus

The fiduciary duty of an engineer to a non-engineer client arises, in part, because the engineer has
the 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 of
these may be applied in any particular case; otherwise one could experience double jeopardy which
would be unjust.

a. True

b. False

Registration with a provincial engineering association protects the professional engineer from
liability 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, and
Software Engineer.

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

e. all of the above

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 the
engineer 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 some
agreement by mediation.

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

c. The engineer has no recourse because it is unethical to do engineering work before setting
a 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.

Proximity, the direct effect by ones actions, and foreseeability, the ability to know that ones
actions 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 final
decision and an award, if applicable.

a. True

b. False


a. True

b. False

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

a. True

b. False

passed.

a. True

b. False

would 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 carried
out.

a. True

b. False

In cases where a product is technically complicated and requires expert knowledge for its use, the
duty 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 you
develop while employed.

a. True

b. False

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 liability
and 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 criminal
liability is usually governed by the Criminal Code.

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


a. The engineer has no recourse because it is unethical to do engineering work before setting

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

c. The engineer may apply to the courts who would decide a reasonable fee that the

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 representation



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

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


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

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 of
groups in society agree to cooperate to achieve a particular goal.

a. True

b. False

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 the

a. True

b. False

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

a. True

b. False


a. True

b. False

In a free society such as Canada, when you register as a professional engineer, you have the right

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 under
the supervision of a registered engineer.

a. True

b. False

Disclosure of a conflict of interest absolves one of any responsibility for the conflict of interest and
its consequences.

a. True

b. False

If the Challenger disaster occurred in British Columbia and the four engineer/managers who made
the decision to launch were registered with APEGBC, they would be in violation of the following
items 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

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


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 more

d. requires the development of more sophisticated models of systems that can take account

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

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

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

b. Professional engineering associations advertise the accomplishments of the profession and
advocate 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

in 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

What will the Workers Compensation Board (or WorkSafe BC) 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

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

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

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 EIT
c. 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:

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 be
foreseen <- true or false?

6. A finding of vicarious liability of an employer for the acts of an employee excuses the employee from
being found liable in tort.

a. True
b. False (b/c it's false because engineers and its employees can be liable to ownder in
tort ) A finding of vicarious liability of the employer for the acts of the employee, however, does not
necessarily excuse the employee from being found independently liable in tort.

7. The duty of confidentiality of an engineer to his/her client does not end once the contract between them
is terminated.

a. True
b. False

8. Clicking an icon on a web site such as I agree or Submit to indicate you agree to purchase
something is an example of a unilateral contract.

a. True
b. False

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 act
d. 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 professional
typically 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, consideration
b. 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 those
influenced 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. True
b. 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 emotions
when doing design and making decisions.

a. True
b. False

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 a
good 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 of
ethics.
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.
f. a) and b) only

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

a. the company
b. 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.
c. what to say if you and your engineering partner are caught paying low fees for
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 an
opinion.

a. True
b. False

26. The common law is

b. law made in the Canadian Parliament.
c. law that the common person obeys.
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 may
terminate employees without notice.

a. True

b. False

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 always
enforceable 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 Standards
Act.

a. True

b. False

Andy is an employee of Compland, a computer equipment retailer. Part of Andys job is to explain
the various advantages of the computers he delivers. One day, while delivering a computer to
Nathan, Andy becomes embroiled in an argument with Nathan about the particular computer. Andy
pushes 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 agreed
to.

a. True

b. False

Professionals are protected by virtue of registration and therefore can never be held liable for
omitting 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 him
at 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 her
to 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, which
he 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 governing
professional organization. Following the mandated procedure, the committee publishes the report of
the disciplinary proceeding in the newsletter circulated to members of the profession. The notice
sets out Jeromes name, the nature of his offence and the penalty imposed. Can Jerome sue the
organization 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 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 to
third 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 the
customer brings in his car for servicing and M sees that the electrode has worked so well that he
decides 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 not
subject 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

The fiduciary duty of an engineer to a non-engineer client arises, in part, because the engineer has
the 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 that
profession.

e. That of the average person riding the bus

An offeree receives an offer consisting of two conditions and then makes a counter-offer that
involves 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 the
client 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.

a. True

b. False

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

a. True

b. False

APSC 450 UBC
1

a. True

b. False


a. True

b. False

would be unjust.

a. True

b. False

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

a. True

b. False

passed.

a. True

b. False

APSC 450 UBC
2
ion 6: Quest (1 point)
contract is said to be formed at the time the offeree posts a letter of The post-box r le, where a u
acceptance to the offeror when the contract is formed through the mail, is difficult to apply to
electronic mail because of differences in server technology and e-mail programs.

a. True

False

b.

uestion 7: Q (1 point)
ndant must prove that the plaintiff owed a duty of care, that the plaintiff In any tort act n, the defe io
breached the duty by acting as he did and that the plaintiff's breach caused damage to the
defendant.

a. True

b. False

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

a. True

b. False

s to an improvement of an art, process, machine, manufacture, or An invention which amount
composition of matter is not patentable in Canada.

a. True

b. False

l engineering association protects the professional engineer from Registration wit a provincia h
liability for any incorrect opinion given to a client.

a. True

b. False

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, and
Software Engineer.

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

all of the above

e.

g work for a client without specific discussion about a fee. When the An engineer doe engineerin s

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

b. he courts who would decide a reasonable fee that the The engineer may apply to t

is unethical to do engineering work before setting

c. The engineer has no recourse because it

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






f. all of the above

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

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 reasonable

c.
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 double Which of the fol wing situat lo
negative; 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 sou lo

a. Human Rights codes

b. Labour Relations legislation

c. Contract law

d. Income Tax Act

APSC 450 UBC
5
essential element of a contract: Which of the fol wing is considered an lo


fulfillment of the obligation under the contract b.

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

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

ered a Tort: Which of the fol wing is not consid lo

a. defamation

b. unjust enrichment

c. trespass

d. false imprisonment

nflicting legitimate obligations such as those to an employer and to the A conflict of interest is not co

a. True

b. False

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

a. True

b. False

APSC 450 UBC
6
actual, potential, or apparent but each type is equally easy to identify. A conflict of interest can be

a. True

False

b.

ety suggests that macro-ethical problems exist because of The paper Eng eering Ethics and Soci in

a. True

b. False

here engineering principles are involved, the Workers

To provide assurances of safety w
Compensation Board accepts an engineer with a bachelors degree and at least four years
experience.

a. True

b. False

ritish Columbia is primarily concerned with rehabilitation The Workmens Compensation Board of B

a. True

b. False

en you register as a professional engineer, you have the right In a free society such as Canada, wh

a. True

b. False

APSC 450 UBC
7
nnecessary because we are taught how to behave ethically and morally by our
which we were brought up.
Learning ethics is u
parents or by the society in

a. True

b. False

ineering are simple to make since what engineers do has remained almost the Definitions of eng
same for the las century. t

a. True

b. False

rking for a company should follow the code of ethics and forego his/her self-interest An engineer wo
in the interest of

a. the company


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 ability c.

listening ability

d.

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 long
as 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 than
badness.

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, where
badness is much less than the goodness.
the

Ques io t 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 for

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 investigative
e provincial association. If loss or damage results from the conflict of
the person(s) involved in the conflict of interest liable.
A conflict of interest
committee esta ished by th
interest, the cou ts may find
bl
r

a. Both statements are false.

b. Both statements are true.

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

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 of
swer)
According to the
systems (Choose the best an

f more sophisticated models of systems that can take account
a. requires the development o

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

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 ad
be unbiased.
vice and judgment must


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

APSC 450 UBC
10
Cellphones:

a. should have more ring or vibrate styles

should be recycled every year b.

are extremely convenient technology for organizing a busy life c.

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

d.
might attend

ve taken APSC450 are: Engineering students who ha

d a. professional, reverent, reserved, and sophisticate





Question1:(1point)
tialityofanengineertohis/herclientdoesnotendoncethecontract
uestion2:(1point)
rvicesforfreealwaysresultsinunjustenrichmentfortherecipientof
uestion4:(1point)
ctliability,amanufacturerwillalwaysavoidliabilityaslongasthey
stion6:(1point)
Thedutyofconfiden
betweenthemisterminated.
a.True
b.False
Q
Doingengineeringse
theservices.
a.True
b.False
Q
Inthecaseofprodu
haveissuedaproperlydrafteddisclaimer.
a.True
b.False
Que
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.Conciliation
ribunals
uestion13:(1point)
Whichofthefollowingstatementsmostaccuratelydescribestheinteractionbetweencivil
ility?
ernedbythelawofcontractandnegligencewhereascriminal
abilityisusuallygovernedbytheCriminalCode.
beyonda
asonabledoubt.
renderinganopinion.
a.True
employeefrombeingfo
a.True
codesofconductorthe
a.True
deterrenttocarelessde
a.True
a.True
a.FactFinding
c.AdministrativeT
d.Mediation
liabilityandcriminalliab
a.Civilliabilityisusuallygov
li
b.Theplaintiffcanfileacivilactionandacriminalactionconcurrently.
c.Inbothcivilcasesandcriminalcases,theplaintiffmustprovetheircase
re
APSC 450 UBC
12
.
Thestandardofcareforengineersis:(Choosethebestanswer)
omplexityofengineering.
b.thestandardestablishedbyengineeringdesigncodesandprovincialengineering
t

uestion 23:
d.Thedefendantcannotbefoundbothcivillyandcriminallyliableforthesamewrong
Question14:(1point)
a.establishedbyengineeringprofessionalsowingtothetechnicalc
associations.
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 the
f bribery.
Hiring a local agent o
best 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

APSC 450 UBC
13
ineering Ethics and Society suggests that macro-ethical problems exist because of
eing considered.
The paper Eng
the size of engineering projects b

a. True

b. False

ratic ethics is that societys views can be used to evaluate whether a technology
ceptable or not.
The idea of democ
is 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) only

f.

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

a. Loss o earnings f

b. Healthcare costs

Pensions c.

Retraining for new occupation d.

All of the above e.

a, b, and d

f.
APSC 450 UBC
14
ion 33:

Quest (1 point)
saster was an example of unprofessional decision-making because (Choose the T
b
he Challenger di
est answer)

a. The manager of engineering at Morton-Thiokol, Bob Lund, was asked to make a
management decision (to take off his engineering hat) rather than an engineering
decision 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 w
to fly.
as safe

c. essional association and None of the engineers involved was registered with a prof
therefore 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 company
a. disclos to two com e 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 by
his/her engineering company.

ty standards for equipment produced by

c. be a member of a committee that develops safe
the engineer's company and failing to disclose ways in which the engineers company may
benefit from recommendations drafted by the committee.


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

the context

a. The ab ity to under il 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 hold
ety, health, and welfare of the public. What is meant by public? (Choose the
A
p
clause that occur
aramount the saf
best answer.)

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 understand b. Those perso
the 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 professional
self-governing.
Canadian enginee
associations 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 for
s 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

Professional
violating code

a. True
b. False
A moral obligation to kee
law.
a. True
. False
APSC 450 UBC
16
In any tort action, the defendant must prove that the plaintiff owed a duty of care,
a. True
b
Registration with a provincial engineering association protects the professional
a. True
b
In the case of product liability, a manufacturer will always avoid liability as long as
a. True
b
A contract can be terminated once the time required to complete the obligations of
a. True
b
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
sulting from relying or acting upon the representation
d
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 breach
caused 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


. False

recipient of the services.

b. False


representation ??????
b. there was damage re
. a false or misleading re

Which of the following

APSC 450 UBC
17
a. Damages in the form of economic loss
ed by the negligent act

g elements are necessary to achieve a contract:
a. offer, acceptance, counteroffer, consideration, age of majority
s,
nce, legality, ability to contract, consideration

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
E
21: (1 point)
ineering is that it is a grand social experiment.
a. True
b
blowing results from an inconsistency in typical engineering
a. True

c. Knowledge of precisely who will be harm

Which of the followin

b. offer, acceptance, legality, ability to contract, written contract term
consideration
c. offer, accepta
d. offer, acceptance, contract, ability to enter into a age of maturity

Which of the followin
enrichment:

b. an intent to defraud
c. a corresponding deprivat
d. an enrichment

ckosa
Question
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

APSC 450 UBC
18
es of a profession are: organization of practitioners into a
a. True
b
CompensationBoardpayforintheeventofinjurytoaworker?
a.Lossofearnings
rnewoccupation
f.
s occupy an important role in society because: (Choose the
at society needs to function.
d engineers possess. ??
Canadian engineers have a high degree of emotional intelligence because their
a. True
b
.An engineer defending a charge of negligence will be liable for only those types of damages that

Two necessary featur
professional association and the requirement of a period of apprenticeship for
members of the association.

. False

What will the Workers
b.Healthcarecosts
c.Pensions
d.Retrainingfo
e.Alloftheabove
a,b,andd

Professional engineer
best answer)

b. They understand how to build the systems th
c. Professional engineering associations advertise the accomplishments of the
profession and advocate for the engineering profession.
. Society needs the skills and expertise that professional

professional associations are self-governing.

. False

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

a. True

b. False

APSC 450 UBC
19
vestigation and discipline of a member that has embezzled The 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 service
can occur before the services are rendered, and during the period when services are being carried
out.

a. True

b. False

mployees, the most significant portion of the fee of a consulting After salary and enefits to e b
engineer is

fits a. 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.
APSC 450 UBC
20

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

dulent misrepresentation that is not present in negligent The key factor found in frau
misrepresentati is: on

eading representation is made a. a false or misl


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

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

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.

suggests that: Kantian ethics

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





f. a) and b) only

APPLIED SCIENCE 450
PROFESSIONAL ENGINEERING PRACTICE
Case 1 Torts and Professional Liability

Required
One 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 others
A 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 duty
3) How do the courts determine the standard of care to be expected of an engineer?
Written standards for conduct and/or performance of engineering design
Expert 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 persons
who are not clients?
Proximity of the relationship to the third party
Purpose and audience of the information or advice provided by the professional
Also 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 manufacturer be vicariously liable
for the actions of the employee who operated the system? (Yes or No)
Yes (If the inspection system could detect the defect, the operator could have used it
improperly.)
8) Read Campbell Estate v. Pederson and answer the following questions:
a) Why was the driver (Mr. Pederson) found to be negligent?
Because he assumed without inspection that the lugs on the bin were properly engaged
b) The court found that both the manufacturer of the bins and the driver of the vehicle acted
negligently. Why did the court apportion more liability to the manufacturer of the bins?
Because the risk that the faulty construction of the bin would not be detected was greater
than the risk taken by the driver (Pederson) in not confirming that the lugs were engaged.
c) Why did the judge say that Mr. Pedersons driving maneuver did not amount to
negligence?
Because it could not be established that the maneuver, with the lugs properly engaged,
would result in a hazard to traffic.
APPLIED SCIENCE 450
Case 2 Contracts

Required
One or two sentence answers to each question. Let the space beneath each question
be your guide to the amount of answer required.

1) Distinguish a promise from an offer.
An offer is a tentative promise, dependent on an acceptance. A promise is not tentative.

2) Why is an agreement to agree not a binding contract?
Because the terms of the agreement are undefined

3) In what ways may an offer close?
By acceptance, lapse of time, or revocation

4) What is the legal effect of a counter-offer?
A counter-offer voids or rejects the original offer.

5) What is required for an acceptance to be effective?
The offeree must agree to the conditions set forth in the offer
The acceptance must be in the same terms as the offer.
The acceptance must be communicated to the offeror.
6) Is it possible for a contract to be formed without communication of an acceptance? Explain
how.
If a letter accepting an offer is sent via the mail, a contract is formed once the letter is in the
postal system.

7) An engineering company has been doing design work for a charitable organization without
charge. The design work is for construction of buildings and the installation of equipment
used by the charity. The construction and installation is done by contractors who do charge
for their work. A government inspector has found defects in the design and installation of
several pieces of equipment in two buildings and insists that these be fixed immediately. The
remedial work would likely cost several thousand dollars. Does the charity have any recourse
against the engineering company in this situation? Why or why not?
The charity does have recourse to both the engineering firm for any defects in their design
because once a promisor begins to perform a service without consideration, the service must
be carried out with reasonable and appropriate care.

APSC 450 Professional Engineering Practice 2
Case 2 - Contracts
8) Endorphintech employs J ane who sends an offer by e-mail on behalf of the company to
BioMachines to purchase equipment. Sam, a BioMachines employee, receives the e-mail and
replies three days later accepting the offer. In this interval, J ane leaves her job at
Endorphintech and her e-mail account is closed. Sams reply bounces back as undeliverable.
After a cumbersome effort of some days to find out who replaced J ane, Sam is informed that
the offer has lapsed as J anes replacement found an alternate equipment supplier.
a) Was there an enforceable contract between Biomachines and Endorphintech? Explain.
No because according to e-commerce law, the acceptance must be out of the control of
the party accepting the offer (i.e., received at the recipients server)

b) Can Endorphintech be held vicariously liable for the offer J ane made? Explain.
No, the offer was made and there is no liability attached to an offer.

c) Would it have made any difference if Sam had faxed his acceptance? Explain.
Yes, if the fax were successfully received, then the contract would be binding.
APPLIED SCIENCE 450
Case 3 Remaining Legal Topics

Required
One or two sentence answers to each question. Look in the Engineering Law notes to
determine the answers to some questions.

1) What duty of care do manufacturers owe to consumers for products that are not defective?
To warn consumers of known problems arising from use of the product

2) Distinguish mediation from arbitration.
In mediation, a mediator is appointed by the parties in dispute and acts as a facilitator to
assist the parties to come to a settlement which is not binding. Arbitration is where an
independent third party is appointed to consider the dispute and render a binding decision.
3) An employer must show that the employee is repudiating the terms of the employee contract
or one of its essential conditions in order to establish a case for dismissal without notice.
Give three examples of how an employee could effectively repudiate the terms of an
employment contract.
Eight examples are: dishonesty, conflict of interest, insubordination, disobedience,
harassment, incompetence, absenteeism, intoxication,

4) What would a court consider when distinguishing between a company employee and a free-
lance engineer working on contract to the company?
The degree of supervision you experience
The ownership of equipment or tools (e.g., computers, electronic equipment)
The opportunity for profit from the work and the assumed liability and risk
5) Under what circumstances might a court find that a professional engineer has a fiduciary duty
to his/her employer?
The three criteria are: 1) the engineer may have the scope to exercise some discretion or
power; 2) the exercise of the power may affect the employers interests; and 3) the employer
may be vulnerable to the engineers actions.
6) Give one advantage and one disadvantage of a patent.
An advantage is that the owner has exclusive rights to the invention for 20 years.
A disadvantage is that the details of the invention must be made public.
Another disadvantage is the cost of obtaining a patent.
7) You have written a computer program that efficiently dispatches delivery vehicles to multiple
locations using an algorithm that is based on task allocation within a social insect colony.
You have also thought of a catchy name for the program. Since MacroHard or similar may
try to use the idea, what forms of intellectual property protection should you try to obtain?
Copyright protection for the program and trademark registration for the name
Case 3 Remaining Legal Topics
8) Read the case Seaward Kayaks Ltd. v. Ree. This case is an attempt by the plaintiff (Seaward)
to obtain an injunction to halt the production activities of the defendant (Ree) prior to a trial
in which the plaintiff would seek damages. The plaintiff succeeded in obtaining the
injunction.
1

a) What intellectual property was the plaintiff trying to protect by copyright?
The schematic drawings showing the rudder (Smartrudder) design.

b) Would it have made any difference to the outcome of this case if the plaintiff had the
defendant sign a confidentiality agreement? Explain.
No. The defendant had an implied duty not to disclose confidential information. A
confidentiality agreement would have made that duty explicit.

c) There is a type of intellectual property called an industrial design. An industrial design is
similar to a copyright except that the design is produced by an industrial process. The
rudder design in this case is an example of an industrial design which could have been
registered under the Industrial Design Act, although the plaintiff did not do so. An
unregistered industrial design is protected by copyright if 50 or fewer articles are
produced from the design. The defendant argued that his production of the rudder did not
infringe the copyright of the plaintiff since the plaintiff had produced more than 50
rudders and the rudder design was not registered. This is a valid argument. However, the
judge still ordered an injunction against the defendant. Why?
The injunction was ordered because the defendants use of confidential information was a
breach of confidentiality implied in his employment at Seaward.

1
It is not known if there was a trial, but it is likely that the defendant and plaintiff would consider such a proceeding
undesirable since it would involve being in the same room together.
APPLIED SCIENCE 450

CASE #4 Professions and Ethics

These questions are worth two (2) marks each.

1) In the article Problems of Professions (p. 6) M. D. Bayles says that autonomy allows a
professional to exercise judgment in doing professional tasks. However, he suggests that
autonomy is perhaps not a necessary or defining feature of a profession and the extent of
autonomy in some professions is debatable. Why then is autonomy useful to a professional
according to Bayles?
Paraphrased from the article on p. 6: If professionals did not have autonomy to exercise
judgment in the tasks of their work there would be little reason to hire them. (2 marks)

2) Your company, Engineers are Us, is submitting a proposal to Big E Inc. While at the Big E
offices giving a presentation about your proposal, you meet an old friend from engineering
student days. You start up a conversation. Your friend tells you about his current assignment
which involves the modification of a computer program. Obviously frustrated by the
program, he describes a problem he is having in some detail.

Later that day you realize that the problem your friend is dealing with has perhaps the same
solution to a similar problem you had some time ago. You decide to call him up and tell him
what the problem might be.

Give one reason why this might not be a good idea from an ethical perspective.
Four ethical problems any one is worth 2 marks:
Item 5 of APEGBC code of ethics says you should be compensated for your
engineering work or knowledge
Item 4 of APEGBC code of ethics: Should maintain confidentiality of work done for
other clients. Also could be an apparent conflict of interest to seek work from Big E
and help one of their employees for free.
Item 3 of APEGBC code of ethics: Provide an opinion on a professional subject only
when it is founded upon adequate knowledge and honest conviction.
A possible one: Item 9 of APEGBC code of ethics suggests reporting illegal or
hazardous activities. But unlikely Big E is doing anything illegal or hazardous

There is the liability issue Friend may rely on advice and if incorrect and damage results,
you are liable in tort. There may also be an intellectual property issue if the program was
written for another client. No marks for these answers the law section of the course is done.

Case 4 Professions and Ethics
3) In no more than two sentences explain what ethical theory has similarities to an engineering
code of ethics: utilitarianism, duty-based, or virtue-based?
Engineering codes of ethics are more like duty-based ethics because they state what one
should do as a professional. There might be virtue, but that is not the intent of the code, and
utilitarian thinking is nowhere to be found in the code. (2 marks)

4) Pick an item, other than Item 5, from the APEGBC code of ethics. Construct a thought
experiment that describes what might happen to the engineering profession if engineers did
not follow this item of the code. (No more than three sentences)
See APEGBC code of ethics. Thought experiment starts by assuming one rogue engineer
does the opposite of what the item in the code of ethics requires. The result is a detriment to
the profession as a whole, including the rogue engineer. Thus the profession suffers.
See Engineering Ethics lecture for thought experiment related to Item 5.
(2 marks)

5) Utilitarianism is often used (at least subconsciously) by engineers and others as a means of
justifying some action such as modification of a design or construction of infrastructure.
However, the theory has its problems. Consider the following two (extreme) situations and in
one sentence say what is the problem caused by utilitarian reasoning in each situation.

a) Consider two acts, A and B, which will both result in 100 hedons (a unit of pleasure
utility). The only difference between these acts is that A involves telling a lie and B
involves telling the truth.
Indeterminate - which act to chose? From the lecture on Introduction to Ethics. (1 mark)

b) Consider five sadists who get a total of 100 hedons while torturing an innocent victim
who would suffer 10 dolors (a unit of pain or negative pleasure utility). Detailed
calculations by a mathematically-challenged utilitarian result in a balance of 90 hedons.
If there is no other act that would produce more hedons, then a utilitarian would have to
endorse this act and argue that the sadists would have to apply the torture and the victim
would have to submit to it.
1

This is perhaps a moral issue, but no marks for saying so.
There are three problems any one is worth 1 mark:
Can we measure pleasure and pain in this way?
What about the rights of the victim?
Torture results in an injustice to the victim
Each of these is in the lecture on Introduction to Ethics.

1
This example was taken from a book on ethics. Devising strange examples to illustrate the problems with ethical
theories is a common method in ethics. One wonders what it does to the minds of ethicists.
APPLIED SCIENCE 450

CASE #5 Professions and Ethics

These questions are worth two (2) marks each.

1) Have a look at (i.e. read) the article Wulf, W. A., 2004. Engineering Ethics and Society,
Technology in Society 26, 385390 and answer the following two questions with one
sentence only.

a) Why does Wulf suggest that there are ethical problems with designing complex systems?
It may not be ethical to design complex systems because their behavior cannot be
predicted because it is not completely understood or is emergent.

b) Wulf suggests that engineers will have to establish a new understanding with society about
what constitutes ethical behavior on the part of the profession. What method does Peter
Danielson suggest to determine what that understanding might be?
Solicit public opinion about complex systems, technologies, or infrastructure. This is a
more democratic process and could be implemented using the web.

2) Ethical theories, such as utilitarianism and duty-based ethics, are difficult to apply in
situations when a choice must be made between one of two acts that are ethically equivalent
according to these theories. Engineering codes of ethics minimize such indeterminism
because they apply to a small group of individuals engaged in a relatively specialized
activity. Despite this, indeterminism arises in engineering codes of ethics. Give an example
of indeterminism between items in the APEGBC code of ethics.
Article 1 requires that an engineer hold public safety paramount whereas Article 4 requires
an engineer to be a faithful agent of his/her employer. What if the actions of the employer
threaten public safety? Can you still be a faithful agent of your employer?

3) Read the article What Makes a Leader? By Daniel Goleman. Give three reasons why self-
regulation matters to a leader. (In three sentences or phrases only)
Makes for a work environment of trust and fairness
Easier to deal with ambiguity useful in fast-changing or highly competitive conditions
Enhances integrity less impulsive or selfish behavior

4) A control systems engineer, registered with APEGBC, is working on the Skytrain project.
She is concerned about some aspects of the design of the Skytrain control system. Having
voiced her concerns to TransLink management and having received no response, she decides
to take her concerns for review by a retired engineer who has recently done contract work on
the Skytrain project.

a) What item of the APEGBC code of ethics applies to her actions?
Article 4 act as faithful agent of employer.

b) What words best describe the ethical situation of the retired engineer?
He is in a conflict of interest

5) Graders: Make sure the student has this version of the question. If not, notify Scott.
For one consulting engineer the fee to a client is given by:
1

Payroll cost =Salary +Benefits =S B
Charge-out rate (to client) =Salary +Benefits +(Overhead & Profit) =S B P

where B is fixed and is typically 1.4. The value of P depends on the client and the nature of
the clients project, but is normally in the range 1.5 to 2. Salary may be expressed at an
arbitrary time rate.

a) The available working time for a given time period is T
a
. (Typically T
a
=2000 hours for a
50 week working year). However a consultant will be able to charge only T
c
of those
hours to a client, where T
c
<T
a
. In the table below for a each given amount of chargeable
time, expressed as a percentage of the available time, enter the minimum value of P (two
decimal places) that will allow the consultants salary and benefits to be paid from fees.

Chargeable time
(% of available time)

Minimum P
50% 2.00
60% 1.67
70% 1.43
80% 1.25
90% 1.11

b) Suppose the working time on a clients project is fixed at T
f
. Additional time T
e
must be
paid if unforeseen circumstances and mistakes require the engineer to work extra time on
the project. Since P is greater than 1.0, it is possible to pay the additional hours from fees
at the expense of some profit. Give an inequality that expresses the relationship between
T
f
, T
e
, and P when the extra hours cannot be paid by the fees.
Several variants of the same inequality possible:
T
f
(P-1) <T
e
or T
e
>T
f
(P-1) or T
e
/T
f
>P-1 or (T
f
+T
e
) >PT
f
or (T
f
+T
e
)/T
f
>P

Equations for 5a:
Fees from client for T
c
hours of work =S B P T
c
[Salary Benefits factor overhead & Profits factor time worked for client]
Money paid to consultant for T
a
available hours of work =S B T
a
[Salary Benefits factor available time worked]
Equating fees from client to money paid:
S B P T
c
=S B T
a

1
This one is for the irrepressible quants in the class.
from which T
c
/T
a
=1/P. So for T
c
/T
a
=0.5 or 50%, P =2.00 and for T
c
/T
a
=0.6, P =1.67 etc.

Equations for 5b:
Fees from client for T
f
hours of work =S B P T
f
(This is the maximum the client will
pay.)
Money paid to consultant for T
f
+T
e
hours of work =S B (T
f
+T
e
)
It becomes impossible to pay the consultant when
S B (T
f
+T
e
) >S B P T
f
T
f
+T
e
>P T
f
T
e
>T
f
(P-1)
or T
e
>T
f
(P-1) in algebraic notation

CASE 2 QUESTION 8
Introduction
Question 8 of Case 2 (the e-commerce question) generated a lot of controversy and debate. Some
expert advice about contracts and e-commerce was necessary. So I sent the following e-mail to
Mr. George Takach, the National Practice Group Leader of the Technology, Communications,
and Intellectual Property Group of McCarthy Tetrault, a large Canadian law firm.
(www.mccarthy.ca) Mr. Takach is also the author a book entitled Computer Law (2
nd
ed., Irwin
Law Inc., 2003).

The Original e-mail
Dear Mr Takach

My name is Scott Dunbar and I teach a course in Professional Engineering Practice to 4th year engineers
at UBC in Vancouver. Part of the course deals with e-commerce law. Recently on a test I posed the
following problem (adapted from mini-case problem 1 in Chapter 14 of Willes and Willes, Contemporary
Canadian Business Law, 7th ed):

Endorphintech employs J ane who sends an offer by e-mail on behalf of the company to
BioMachines to purchase equipment. Sam, a BioMachines employee, receives the e-mail and
replies three days later accepting the offer. In this interval, J ane leaves her job at Endorphintech
and her e-mail account is closed. Sams reply bounces back as undeliverable. After a cumbersome
effort of some days to find out who replaced J ane, Sam is informed that the offer has lapsed as
J anes replacement found an alternate equipment supplier.

Was there an enforceable contract between Biomachines and Endorphintech? Explain.

My answer was no and based on Item 23 of the Uniform Electronic Commerce Act which is:

Item 23:
1) Unless the originator and the addressee agree otherwise, an electronic document is sent when it
enters an information system outside the control of the originator or, if the originator and the
addressee are in the same information system, when it becomes capable of being retrieved and
processed by the addressee.
2) An electronic document is presumed to be received by the addressee,
a) when it enters an information system designated or used by the addressee for the purpose of
receiving documents of the type sent and it is capable of being retrieved and processed by the
addressee; or
b) if the addressee has not designated or does not use an information system for the purpose of
receiving documents of the type sent, when the addressee becomes aware of the electronic
document in the addressee' s information system and the electronic document is capable of being
of being retrieved and processed by the addressee.

I assumed that the e-mail from Sam never got into the server at Endorphintech and so was never "outside
the control of the originator" and therefore there is no contract. This generated a lot of controversy.
Arguments against this included:

1) The e-mail was actually in the server at Endorphintech long enough to determine that J ane's e-mail
address had disappeared, and therefore out of the control of the sender, Sam. So it was sent
according to Item 23(1) and there is a contract.
2) One student offered the following:
My answer: Yes. Since J ane used e-mail to deliver an offer, she and her replacement should expect, within
reasonable amount of time, an acceptance (or counter offer) through the same means of communication. Since
Case 2 Question 8
Sam replied the acceptance using e-mail, it is therefore J ane and her replacements responsibility that the
channel for communication remain open. Note that under Item 23b) of the Uniform Electronic Commerce Act,
an electronic document is legal means of communication in court.
Answer key: No because according to e-commerce law, the acceptance must be out of the control of the party
accepting the offer (i.e., received at the recipients server)
My concern: I think this really comes down to how people think servers work and I dont think the question
fully addressed this. From my co-op, I know that even if my account is closed (when I left the job), the e-mail
is still on the companys server or even the companys internet service providers server, and the company can
access those e-mails. This is how my boss was able to maintain contact with people Ive been in contact with. In
my answer, I put yes because I believe J anes replacement should reasonably be responsible to look for all her
e-mails. I think its unreasonable and irresponsible for a replacement to delete or disregard all previous
communications that the previous person had made.

There were other submissions. I would like to know what the answer is, if there is an answer. It seemed to
me that Item 23 was an updated version of the post-box rule where the old British postal system is
analogous to the server of the intended recipient since both are "outside the control of the originator."
However, Item 23 distinguishes sending and receiving whereas the post-box rule does not, so the
analogy is not one-to-one.

I realize you may be busy, but any help you can give me would be appreciated. Thank you.

The Response
After waiting some time, I received the following voice mail from Mr Takach:

[introduction] Anyway, very quickly, fascinating fact pattern that you served up to your class. Heres
some thoughts. First of all, there really isnt a definitive answer today. To my knowledge, there simply isnt
a court case in Canada or, frankly, elsewhere in the world that Im aware of that deals with this very fact
pattern. Ive often put my mind to this fact pattern as we use e-mail now more and more, but so far no
definitive guidance from a court. So frankly, one approach with your students is actually to say that there
is no right or wrong answer. This one may be one of those questions that perhaps gives concern to an
engineering faculty because it isnt binary, yes or no. Theres a lot of nuance. So people who went the
other way from your approach I think should also get good marks provided they gave a good analysis.
And heres some quick thoughts. Section 23(2) of the Electronic Commerce Act is just a
presumption, so it can be rebutted by reality. So its not hard and fast and what youd have to do, and
you alluded to this, is youd have to understand what sort of server technology, what sort of e-mail
technology there was in the system. You know, did the IT department at Endorphintech have any record
of Sams e-mail coming back, and even of they didnt, you know, is there a negligence claim to say that
somebody in Janes position should have her e-mail forwarded, something like that, to avoid
precisely this sort of scenario. There are also other factors that one could play with where it says, you
know, Sam was informed that the offer had lapsed. Well, did it on its [tape ran out]

[next message] So you have to ask some questions surrounding the technology and what the IT group at
Endorphintech did or didnt know. Your reference to the post-box doctrine isnt quite right, frankly,
although there are elements of Section 23 that would lead you there. With technology like e-mail the
better view, I believe, is that the post-box doctrine doesnt apply. Theres actually a very good paper on
this by J ohn Gregory and except for the mail, snail mail, and courier, in all electronic forms of distance
communication, the post-box doctrine generally hasnt been applied, so I wouldnt go up that path a whole
distance. So bottom line, I think, it really is an open question. You need to drill down to all the relevant
facts. For instance, why did it take him two days? I mean, in the real world those sorts of issues would be
relevant. You know, surely you would just go to the website, find another name, forward the same e-mail
and Bobs your uncle. Theres actually a very interesting BC case, Rayonier
1
dealing with fax
technology and offer and acceptance. You may be familiar with that, and thats what the judge does,

1
Trans-Pacific v. Rayonier Canada Ltd. Available on the APSC 450 web site under Lectures and Readings,
Engineering Law, Contract Law, Formation cases]
Case 2 Question 8
gets fairly detailed and gritty and granular in terms of the facts. Bottom line, I think that as long as the
students work with the facts and can massage them, I would not take the view that there is a wrong or a
right answer at this point. [signs off, wishing me luck]

Comments
The three statements in bold italics are interesting and are related to the three parts of Question 8.

The paper by J ohn Gregory referred to by Mr. Takach discusses the proposed convention on
electronic contracts developed by the United Nations Commission on International Trade
Law (UNCITRAL).
2
(See www.uncitral.org) With respect to the receipt of an electronic
message, Gregory states It is arguable that the rule about the time of receipt should only be
a presumption, given the uncertainties about e-mail delivery. This is the basis for the
argument that there is no right or wrong answer to part a) of Question 8. More facts are
needed about a particular situation and these facts could effectively render a rule
meaningless.

The reference to negligence means that Endorphintech could be held liable for not ensuring
that J anes e-mail was forwarded. Part b) of Question 8 asked about the vicarious liability of
Endorphintech. This was not clear liability for what? There is no liability for J ane making
an offer, and that was the intent of the question, but there is liability associated with J ane not
having her e-mail forwarded. She seemed to hold a position of some authority and
responsibility.

The reference to the Rayonier case, which involved some considerable complexities related
to offers and acceptance by fax, suggest that part c) of Question 8 needs more information
before it can be answered. Fax communication can also have its share of uncertainty. Have a
read of the Rayonier case and see how the judge gets bogged down in details.

So what to do
Given this, it seems that there is no clear answer to any part of Question 8. Not enough facts are
available. So we have to figure out a way to credit everyone with this question. I suggest the
following:

If, according to the answer key, you gave the wrong answer to any part of Question 8,
send Scott Dunbar an e-mail (wsd@mining.ubc.ca) and we will credit you for those parts
of the question.

This is really a test to see if you have read this far.

2
Gregory, J ., 2003. The proposed UNCITRAL convention on electronic contracts. The Business Lawyer, 59, 313-
343

APPLIED SCIENCE 450
Quiz 1 Engineering Law

For the True/False questions, T denotes True and F denotes False. For the multiple choice
questions, C denotes the correct answer.

1) Employment contracts of professional engineers are exempt from the BC
Employment Standards Act.
T

2) Professionals are protected by virtue of registration and therefore can never be held
liable for omitting to mention something relevant in giving an opinion
F

3) 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 agreed to.
T

4) Mark is a chemical engineer who specializes in process control in chemical plants.
Tanya meets him at 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 her to 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) Yes, because Mark ought to have known that Tanya would likely rely on his
opinion, which he was not qualified to give.
C
c) No, but he could be liable under contract law.
d) No because he is not an expert in brewing equipment.
e) No, because she did not pay for his advice.

5) The intention to form a legal contract may be inferred from the conduct of the parties. T

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

7) A fiduciary duty arises when a professional can bind a client in a contract that would
require the client to pay significant sums of money.
T

8) A registered chemical engineer working as a chemical technician in a pulp and paper
plant is not subject to the Employment Standards Act.
F

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

10) 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 that
profession.
C
e) That of the average person riding the bus

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

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

13) Where economic conditions threaten the viability of an employers business, the
employer may terminate employees without notice.
F

14) Andy is an employee of Compland, a computer equipment retailer. Part of Andys job
is to explain the various advantages of the computers he delivers. One day, while
delivering a computer to Nathan, Andy becomes embroiled in an argument with
Nathan about the particular computer. Andy pushes Nathan, who falls and injures
himself. Can Nathan successfully sue Compland for assault?

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

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

c) No, because Andy was on a frolic of his own.
d) Yes, because the assault was carried out while Andy was in the course of his
employment.
C
e) Yes, because the employer is responsible for all the actions of its employees.

15) J erome is found guilty of professional misconduct by a disciplinary committee of his
governing professional organization. Following the mandated procedure, the
committee publishes the report of the disciplinary proceeding in the newsletter
circulated to members of the profession. The notice sets out J eromes name, the
nature of his offence and the penalty imposed. Can J erome sue the organization for
the effect on his reputation?

a) Yes, a defamation suit is possible for spreading statements about J erome.
b) No, a defamation suit is not possible because the newsletter is not a
communication to third parties.

c) Yes, a defamation suit is possible for damaging J erome's reputation if the
statement is erroneous or exceeds the organizations authority.
C
d) No, a defamation suit is not possible because the organization published the truth.
e) Yes, a battery suit is possible for the damage to J eromes reputation.

16) 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 always enforceable in the courts.
F

17) 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) C
e) b) and c)
f) None of the above

18) A gratuitous promise is one made for a small consideration. F

19) Who is entitled to receive a patent in Canada?
a) The first person to invent the invention.
b) The first person to exploit the invention for commercial gain.
c) The first person to have his claim approved by the Patents Office.
d) Any person who has obtained a patent in the United States or the United
Kingdom

e) The first person with a patentable claim to file a patent. C

20) 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 the customer brings in his car for servicing and M sees that the
electrode has worked so well that he decides to apply for a patent. M is entitled to the
patent?
F

Faculty of Applied Science
University of British Columbia

APPLIED SCIENCE 450

Quiz 2 Ethics Cases Questions with Answers

Here are the 29 (?) questions used on Quiz 2 Ethics Cases. The title of the question denotes the
case. Comments on a question are in red font. As with Quiz 1 these answers can be debated but
we would appreciate delaying such debate until next term.
Up the Ladder 1
Which item of the APEGBC code of ethics might apply to the description of this case?
a) Item 1
b) Item 4
c) Item 7
d) Item 9

Up the Ladder 2
Your cooperation and response to the questions asked by the two senior managers was essential
for the better good of the company and the profession. F

Up the Ladder 3
It is professionally unethical for you to accept the job as group manager. F
Possibly debatable since engineer is an EIT no experience not in accordance with item 2, but 84% of
class answered false and so we will go with the majority. It is possible that an EIT could become a
manager depends on the size of the company, work loads, etc.
Sludge 1
What two items of the APEGBC code of ethics would, in combination, support Steve showing the
data to Norah?
a) Items 4 and 6
b) Items 1 and 9
c) Items 1 and 10

Sludge 2
What item of the code would not support Steve showing the data to Norah?
a) Item 5
b) Item 4
c) Item 10
Might be questionable whether Steve should have spoken to Norah rather than to Ministry of
Environment or APEGBC directly.

Sludge 3
The APEGBC code of ethics provides does not provide any guidance in this case. F
This might be debatable given the above two questions which are meant to show the conflict within the
code. However, item 9 provides guidance even though it is not helpful because it conflicts with item 4.

Old Friends 1
Rule AA is: Always offer information to another engineer who is having difficulty, even if you
are not paid for it. The events in this scenario show the reason Rule AA is not self-defeating: A
10 minute phone call in which you provided help to a fellow engineer and friend who was
experiencing a problem may result in a big fish F
The self-defeating argument means that your action, if done by everyone in similar circumstances,
would ultimately affect you negatively. In this sense expending a little effort to provide professional
help to a friend is not self-defeating because you would likely want the same help if in a similar
situation. However, winning the contract and giving professional help to a friend are usually not
related issues and so you cannot use the possibility of winning a contract as an argument in favor of
Rule AA the issues generally have nothing to do with each other.

Old Friends 2
Engineers R Us gets the contract and your manager finds out that the good words your friend
said were the result of the 10 minutes of help you gave to your friend. You are offered a bonus. It
would be professionally unethical for you to accept this bonus. (Hint: What kind of problem is
this?) F
This is a personal ethics issue, not a professional ethics issue. Can you sleep at night knowing you may
have won the contract unfairly? (Some people would say yes but, for reasons best understood only by
them, such people like to stay up at night.)

Old Friends 3
Suppose your friend asks for further clarification of the solution method you suggested and that
this requires you to do some work, not only to remember the details of the method but to help
him adapt it to his particular problem (Choose the best combination of statements)
a) Doing the work without pay is inconsistent with item 5 of the APEGBC code of ethics.
b) It could be an apparent conflict of interest to help one of Big Es employees for free,
even if he is a friend, while Engineers R Us is seeking work from Big E.
c) There are possible public safety implications if you do not provide further help to your
friend.
d) There is the possibility that, despite your intuition about the problem your friend is
having, you do not have the experience in his field nor adequate knowledge to provide
the details of the solution method and are thus violating items 2 and 3 of the APEGBC
code of ethics.
e) If you do not provide further help to your friend, you would be withholding information that
would allow him to decide on the consequences of disregarding your advice and therefore
you would be effectively in violation of item 8 of the APEGBC code of ethics.

More heads are better than one 1 (not used)
Design typically involves tradeoffs between the good, the not so good or even bad outcomes.
Faced with such choices, most engineers use utilitarian reasoning when doing design. However,
there is act utilitarianism and rule utilitarianism and analogies may be made between these two
types of utilitarian thinking and how engineering design is done in this case. (Choose one)
a) To recommend the standard design is a form of rule utilitarianism while to recommend
the synchronous operation design would be a form of act utilitarianism.
b) To recommend the standard design would be a form of act utilitarianism while to recommend
the synchronous operation design would be a form of rule utilitarianism.
c) The standard design and the synchronous operation design would be done by following rules
or standards; therefore both recommendations are forms of rule utilitarianism.

More heads are better than one 2
Dilberts proposal to accept a 2% royalty on production (and nothing else) as payment for design
of the synchronous system and testing it (Choose one)
a) is inconsistent with upholding the principle of adequate payment for services.
b) represents a conflict of Dilberts legitimate obligations which would have to be managed.
c) represents a potential conflict between the requirements of the client and those of
Dilberts Inc.
d) is an excellent method for promoting innovation in engineering practice.
e) could be perceived as self-serving, but because the payment scheme carries some risks (i.e.,
no payment) this perception would be unfounded.
Who is assuming the risk here? And how much? If Dilberts is unsuccessful in getting the synchronous
system to work, all they lose is the 2% royalty and they have paying work from other clients. However,
the client would lose a lot of production and could go bankrupt.

More heads are better than one 3
Since you work for Dilberts, which has a vested interest in the synchronous operation design, it
may be perceived that your economic analysis contains a bias in favor of the design. T

The Hill 1
If 40 km of guardrails or barricades could be installed along the most dangerous sections of the
Hill or along dangerous sections of the two-lane road, the expected lives saved per year would be
400.010.9 =0.36 on the Hill or 400.40.1 =1.6 on the two-lane road. (Note: A death
requires an encroachment.) Given this calculation, the Department of Highways decides to install
guardrails along dangerous sections of the two-lane road. Choose the best combination of
statements:
a) The decision is based on a kind of rule utilitarianism. The net benefits of guardrails or
barricades on any road are always greater than any alternative safety measure.
b) The decision is based on a kind of act utilitarianism. Without placing a value on life,
more lives are saved by installing guardrails along the two-lane road.
c) The decision is based on a calculation that is dimensionally incorrect.
d) The decision is acceptable because the safety of the driving public is of paramount
importance in highway engineering.

The Hill 2
A person driving on the Hill incurs additional risk over and above the risk expected when driving
on roads in the province. The warning signs at the entrances to the Hill (Choose the best
combination of statements)
a) transfer the additional risk to the driver and render it voluntary
b) enhance tourism since tourists who drive on the Hill will think they are living on the edge in
the Canadian wilderness and tell their friends about it
c) are the manner in which engineers in the Department of Highways inform the public about
highway engineering and protect their profession from misunderstanding
d) help to define the public in Item 1 of the APEGBC code of ethics by providing drivers
with information that help them make their own decisions about safety and make them
less vulnerable to decisions made by Department of Highways engineers

An observation: a good basis for this answer comes from Davis in his article Thinking Like an Engineer.
Those who read the signs and make an informed decision to continue are no longer "helpless
innocents", so they don't fall under the third definition of the public given by Davis.

Biomedical Engineering 1
Andrews professional responsibilities are an issue in this case since they could be compromised
by his investments (his self-interest). Choose the combination of statements that best describe his
responsibilities.
a) His responsibilities lie with the surgeons and hospital administrators who are the
public dependent on his decisions concerning equipment purchased and prosthetic
design.
b) His responsibilities lie with the surgeons and administrators since they depend on his
decisions and with the patients since they are the ultimate users of his designs and the
equipment he maintains.
c) He does not have the qualifications to be responsible to the patients.
d) He has limited professional responsibilities until he becomes registered as a professional
engineer.

Both the APEGBC and NSPE codes of ethics require disclosure of a conflict of interest. T

Doctors in BC are bound by the code of ethics of the BC Medical Association but the code does
not say anything about disclosure of conflicts of interest. T

What should Andrew do?
a) Disclose his investments in the two companies.
b) Excuse himself from decisions that involve buying equipment or supplies from the two
companies.
c) Sell his investments in the two companies.
d) Nothing he should be more confident of his ability to detect potential bias in his decisions
and act professionally.
e) b) and c)
f) Any one or all of a), b) and c)

Slippery Slopes 1
No one is innocent in this sad but real tale, not even Cheryl, and there are plenty of ethical issues that
could be discussed for hours (and were).

Everyone involved is registered with APEGBC. Match the actions of people in the right hand
column with an item in the APEGBC code of ethics in the left hand column. The actions are
either in accordance with the item or not in accordance. It is possible that no one did anything
related to an item, i.e., an item is not relevant in this case.

Here is the list of ethical issues: (These would appear in random order.)
a) Don expressing his concerns about the design to Carl and about the project to the president of
Q&D
b) Carl: when insisting that Don manage the project, when assigning the project to Cheryl, when
not helping Cheryl. Robert not telling Q&D he was reviewing their design.
c) Cheryl when taking on management of the project
d) Cheap ineffective design of the stabilization measures done by a former engineer of Q&D
e) No one
f) Don providing alternative designs to Carl
g) Don expressing concerns about the project to the senior manager of the forestry company.
Robert agreeing to review work done by a former client.

Item Correct match
1 d)
2 c)
3 f)
4 g)
5 No one
6 No one
7 b)
8 a)
9 No one
10 No one

Cloak and Spider 2
The dilemma in this case is: (Think self-interest versus cooperation and choose the best answer)
a) Owing to the extra programming involved, it is in the self-interest of web designers to avoid
cloaking but it is in the self-interest of search engines to double spider and if both parties act in
their self-interest, the worst result occurs.
b) It is in the self-interest of web designers to cloak to enhance the ranking of their web site
but it is in the self-interest of the search engines to double spider and if both parties act in
their self-interest, the worst result occurs.
c) It is in the self-interest of search engines to not perform double spidering to detect cloaking
even though it may be occurring.
d) There is no dilemma.

Cloak and Spider 1
The dilemma in this case can be cast as a prisoners dilemma or lunch bag game in which (Choose
the best combination)
a) cooperation would mean that web designers do not cloak for illegitimate purposes and
search engines do not double spider
b) only one party can act in their self-interest at one time
c) defection is when web designers cloak to increase the ranking of their site or search
engines double spider to detect cloaking
d) an agreement is required to achieve cooperation
e) web designers and search engine companies should do lunch more often
RMB1
Assume that Smith and Brown are registered with APEGBC and therefore the APEGBC code of
ethics applies. When Smith asked Brown to endorse his design and Brown responded as he did
knowing the design had problems: (Choose the best answer)
a) It could be said that Smith violated item 4 of the code but Brown was acting in accordance
with item 5.
b) It could be said that Smith violated item 7 of the code but Brown tried to act in
accordance with item 7.
c) Knowing that the design had problems, Brown should have reported Smith to APEGBC for a
violation of item 9.
d) The code of ethics could not really provide guidance in this situation.

RMB2
When Smith asked Brown to endorse his design, Brown may have been caught in a conflict of
interest because (What is or should be important to the profession? Choose the best answer)
a) his desire to maintain the reputation of his client by agreeing to endorse the design
would conflict with the duty to protect the bicycle riding public.
b) his desire to protect his own reputation by not agreeing to endorse the design would conflict
with the duty to be a faithful agent of his client.
c) Both of a) and b) are true.
d) Neither a) or b) is true.

RMB3
Assume that Brown is registered with APEGBC and therefore the APEGBC code of ethics
applies. When J ones asked Brown point blank whether or not he thought Smiths approach was
workable, (Choose the best answer)
a) answering yes would not be in accordance with item 1 nor with item 3 because details
had not been discussed, but answering no would undermine Smiths relationship with
Zephyr and would not be in accordance with item 7
b) any answer would be providing an opinion without adequate knowledge and therefore a
violation of item 3
c) any answer would represent work or engineering opinion that was beyond the scope of his
assignment and therefore not in accordance with item 5
d) a) and c)

RMB4
While it may be fair and ethical to give Smith a portion of the royalties he would earn from sales
of the composite bicycle, it is a conflict of interest for Brown to do so. F
A conflict of interest occurs when your personal interests interfere with your ability to make unbiased
professional decisions. Brown definitely has a professional interest in being fair to a colleague (eg item
7 of the APEGBC code of ethics) and he was fair in giving Smith a portion of the royalties. What were
his personal interests and could they have interfered with or influenced this decision? Hard to say given
what is known. Perhaps next year the question will be revised so that there is something that would
cause conflict between personal interest and professional ethics.

RMB5
When Zephyr confided to Brown that it wished to begin a direct relationship with Brown's
company and bypass Smith altogether, it placed Brown in a conflict of interest because, although
he would have gained personally from such a relationship, Brown has a paramount duty to
protect the public from a potentially dangerous bicycle design. F
Brown does have a duty to design safe bicycles, but the composite bicycle had not yet happened. The
conflict was the potential for personal gain versus the duty to be fair to a colleague. (The question
should also state that it is a potential conflict.)

RMB6
Lawyers use contingent fees in personal injury cases (If I win the case for you, then I receive a
portion of the settlement, otherwise I receive nothing.) and therefore, by analogy, engineers
should be able to receive a portion of the benefits of their design. This might be the principle for
Brown entering a contract that involved royalties on sales of composite bicycles he designed.
However, it is a potential conflict of interest because: (Choose the best answer)
a) Browns paramount duty (in this case) is to protect the bicycle riding public, not to line his
pockets with royalties.
b) Brown has a professional duty to receive adequate compensation for his engineering work
but a personal interest in being associated with new applications of composites.
c) Browns interest in receiving royalties for sales of composite bicycles may not be in
alignment with the business interests of his client, Zephyr.
d) Engineers should act according to their own set of professional duties and refrain from
engaging in practices used in the legal profession.
Doing engineering work on a contingent fee basis can be tricky but, if handled correctly, it can be
beneficial for both client and engineer. Most provincial engineering associations take a dim view of the
practice and the reason is that an engineers judgment must not be influenced by the possibility that a
change in design and/or decisions will lead to larger fees the change must be influenced by the
clients interests.

RMB7
Assume that Brown is registered with APEGBC and therefore the APEGBC code of ethics
applies. Against his clients wishes and using his own time and resources (i.e., for free) Brown
did a significant piece of engineering work that showed that a much lighter bicycle could be
made with aluminum. In so doing he (Choose the best combination)
a) was not acting as a faithful agent of his client and was not upholding the principle of
adequate compensation for his work
b) was acting in the best interests of J ones, who designed the original bicycle
c) eliminated the potential conflict between receiving the royalties for sales of composite
bicycles and acting in the best interests of his client
d) was extending public knowledge and awareness of the engineering profession, especially the
field of composite engineering
e) was clearly presenting to his client the consequences of their possible production
decisions
f) was improving his skills to maintain his competence and to advance the knowledge base
within composite engineering.

EIT Hit 1
Marc acknowledges his wrongdoing, but what should he do? (Choose the best answer)
a) Speak to his professor and tactfully address the inappropriateness of placing him on the spot
on a subject that jeopardizes the integrity of his EIT responsibilities and commitment to the
code of ethics.
b) Nothing, as he was simply acting as a student, contributing to class discussion and supporting
the discussion on engineering practices. It is not his fault, but rather that of his professor for
calling upon him.
c) Speak to his supervisor at work to acknowledge his wrong doing and understand how to
prevent a similar problem in the future.
d) Both a) and c)
e) He and his supervisor at work should understand that academic freedom prevails within an
academic institution allowing the free flow of ideas and information which is certainly
important for a course concerning transparency.
Instructions
40 straightforward questions. You know what to do.
A course evaluation survey is available under Surveys. Please fill it out - it provides necessary feedback
Best wishes in whatever you do!
1. (Points: 1)

The profit an engineering consulting company makes on work an employee performs for a client is
not the difference between the hourly charge-out rate and the hourly salary of the employee.

True False

Save Answer

2. (Points: 1)

An engineer who works for a company and supervises the work of other engineers in the company
can be vicariously liable for any damage resulting from the work of the other engineers.

True False

Save Answer

3. (Points: 1)

In cases where a product is technically complicated and requires expert knowledge for its use, the
duty to warn of risks associated with use of the product may be discharged by issuing a warning to
an intermediary who is able to communicate the risks to the user.

True False

Save Answer

4. (Points: 1)

Professional engineering associations have the right to prosecute members for violating codes of
conduct or the terms of their license to practice engineering.

True False

Save Answer

5. (Points: 1)
Page 1 of 12 Assessment
11/23/2007 https://www.vista.ubc.ca/webct/urw/lc34756571021.tp34756591021/allViewAssessment....

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

True False

Save Answer

6. (Points: 1)

An engineer may have a fiduciary duty to a client if the engineer can unilaterally make decisions
which will have a substantial effect on the clients business interests.

True False

Save Answer

7. (Points: 1)


True False

Save Answer

8. (Points: 1)

If a registered engineer is in a conflict of interest which results in damage to the client of the
engineer, the client can apply to the provincial association of professional engineers for
compensation.

True False

Save Answer

9. (Points: 1)

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

True False

Save Answer

10. (Points: 1)

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

True False

Save Answer

11. (Points: 1)

The common law is

a. written decisions of the Supreme Court of Canada.


c. rules and precedents developed by all the courts.

d. law that the common person obeys.

Save Answer

12. (Points: 1)


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

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

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

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

Save Answer

13. (Points: 1)
Two sources of law in Canada are:


a. Tort Law and Contract Law

b. Legal Rules and Legal Principles

c. Statute Law and Common Law

d. Parliament and Provincial Legislatures

Save Answer

14. (Points: 1)

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




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

Save Answer

15. (Points: 1)


a. a false or misleading representation is made

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

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

d. damage resulted from relying or acting upon the representation

Save Answer

16. (Points: 1)

Purchaser P purchases a defective product from retailer R. The product was designed by engineer E
who works for manufacturer M. Use of the product has caused damage. P could sue (Choose the
best answer)

a. no one because users of defective products have no recourse (buyer beware)

b. R, M and E in tort

c. R in contract and M in tort

d. R in contract and E in tort

Save Answer

17. (Points: 1)

Which of the following is not a voluntary process?

a. Arbitration

b. Litigation

c. Mediation

d. Negotiation

Save Answer

18. (Points: 1)

An engineer in training (EIT) is entitled to:


b. use job titles with the word Engineer in them together with the title EIT

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

d. all of the above

Save Answer

19. (Points: 1)


a. The engineer has no recourse because it is unethical to do engineering work before setting

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

c. 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 some agreement by
mediation.

Save Answer

20. (Points: 1)

Conflicts of interest are inevitable partly because of the difficulty of eliminating the influence of
automatic mental processing on ones decisions.

True False

Save Answer

21. (Points: 1)

Most professional engineering associations regulate the profession and also promote professional
and economic interests of the profession but this can be a conflict of interest.

True False

Save Answer

22. (Points: 1)

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

True False

Save Answer

23. (Points: 1)

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

True False

Save Answer

24. (Points: 1)

Proponents of a project who estimate both the costs and benefits of a project to determine whether
it should proceed may have a conflict of interest.

True False

Save Answer

25. (Points: 1)

To be a profession, its practitioners must agree to cooperate to serve some goal or ideal better than
they could if they did not cooperate.

True False

Save Answer

26. (Points: 1)

The goals of an association of professionals are similar to those of a union of skilled laborers.

True False

Save Answer

27. (Points: 1)

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

True False

Save Answer

28. (Points: 1)

The dilemma associated with whistle-blowing results from a conflict in typical engineering codes of
ethics between the requirement to hold public safety or environmental protection paramount and
the requirement to provide an opinion on a professional subject only when it is founded upon
adequate knowledge. F

True False

Save Answer

29. (Points: 1)

Disclosure of a conflict of interest absolves one of any responsibility for the conflict of interest and
its consequences.

True False

Save Answer

30. (Points: 1)

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

a. They understand how to build the systems that society needs to function.

b. Through their professional associations, they provide assurances to society regarding their
work standards and conduct.

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

d. Professional engineering associations advertise the accomplishments of the profession and
advocate for the engineering profession.

Save Answer

31. (Points: 1)

in the interest of (Choose the best answer)

a. the company


c. the engineering profession

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

Save Answer

32. (Points: 1)

Resolving an ethical dilemma in professional engineering practice (Choose all that apply)

a. becomes difficult when there are conflicts between items in the code of ethics

b. can be complicated by conflicts between parts of the brain that do controlled reasoning to
try to resolve the dilemma and those that do automatic processing to serve self-interest

c. is relatively easy because professional engineers agree to cooperate to be serve ethical
ideals

d. can always be done by referring to ethical norms if the code of ethics is not helpful

Save Answer

33. (Points: 1)

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

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

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

c. Those persons whose lack of information or technical knowledge renders them vulnerable to
the actions of an engineer.

d. Those persons who do not have the training to understand the risks and benefits of a
product, system or structure.

Save Answer

34. (Points: 1)
Engineering is used to satisfy social needs and could be considered a grand social experiment

because

a. interactions between engineers and society allow engineers more opportunities to
determine societys needs, but the process is inefficient leading to poor information on which to
base design decisions.

b. societys demands are always changing making products and systems obsolete.

c. the impacts of engineered products and systems used to satisfy societys needs are often
unknown.

d. there is more government control of infrastructure development and environmental
standards.

Save Answer

35. (Points: 1)


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

d. arises because societys demand for more sustainable systems and practices.

Save Answer

36. (Points: 1)

A conflict of interest is significant to the engineering profession because (Choose all that apply):

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


c. It provides engineers with an ethical dilemma which can be resolved by consultation with
clients or other engineers, rather than a legal problem.

d. Considerable trust is placed in engineers and if this trust is compromised, public opinion of
the profession would drop.

e. If properly characterized, the conflict helps define what the interests of the engineer should
be.

Save Answer

37. (Points: 1)

If an APEGBC disciplinary committee found that a member of he association has breached one or
more items of the code of ethics but is in jail for disorderly conduct, the most likely outcome would
be:

a. requirement of a public apology

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

c. no penalty because the member is in jail and is therefore outside the jurisdiction of the
disciplinary committee

d. membership is suspended or revoked

Save Answer

38. (Points: 1)

The reason for an engineering code of ethics is

a. to protect the public from unscrupulous and unethical engineers

b. to provide an alternative to ethical theories that is relatively free of internal
inconsistencies

c. to define an agreement between engineers as to how they will practice their profession to
serve some ideals

d. to define to the public the rules by which engineers will practice their profession

e. to provide a set of standards that are easily applied without much interpretation by any
practicing engineer

Save Answer

39. (Points: 1)


a. is unethical


c. could get you expelled if you are caught

d. Any one or all of the above

Save Answer

40. (Points: 1)

Cell phones

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

b. are an extremely convenient technology for organizing a busy life

c. should have more ring or vibrate styles

d. should be recycled every year

Save Answer
Final Exam 2006
Time allowed: 2 hours
Number of questions: 40
Finish Help
Be sure that the copies of notes and lectures you are using are up to date. Some of the
material on the web site has been updated within the last month.
Question 1 (1 point)
An engineer who works for a company and supervises the work of other engineers in the
company can be vicariously liable for any damage resulting from the work of the other
engineers.
a. True
b. False
Save answer
Registration with a provincial engineering association protects the professional engineer
from liability for any incorrect opinion given to a client.
a. True
b. False
Save answer
A finding of vicarious liability of an employer for the acts of an employee excuses the
employee from being found liable in tort.
a. True
b. False
Save answer
In the case of product liability, a manufacturer can always avoid liability by issuing a
properly drafted disclaimer.
a. True
b. False
Save answer
In Canada, a professional engineer owes a duty in tort but not in contract if he/she is
registered with a provincial association.
a. True
b. False
Save answer
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 be foreseen.
a. True
b. False
Save answer
In mediation of a dispute, it is the parties who decide to settle, not the mediator.
a. True
b. False
Save answer
In cases where a product is technically complicated and requires expert knowledge for its
use, the duty to warn may be discharged by issuing a warning to a learned intermediary
a. True
b. False
Save answer
The mail-box rule (or post-box rule) is an exception to the rule that an offer is not
considered accepted until the offeror receives the acceptance.
a. True
b. False
Save answer
As an employee, you always own the rights to any inventions or other intellectual
property you develop while employed.
a. True
b. False
Save answer
A contract may be terminated when (Choose the best answer)
a. all parties have performed all obligations under it
b. when all parties mutually agree to terminate the contract
c. when a mediator decides the parties should terminate
d. either of a) or b)
e. any of a), b) or c)
Save answer
Which of the following is not considered a form of alternative dispute resolution?
a. Mediation
b. Fact Finding
c. Administrative Tribunals
d. Conciliation
Save answer
Which of the following is not a voluntary process?
a. Arbitration
b. Mediation
c. Litigation
d. Negotiation
Save answer
Which of the following is not a source of employment law for engineers?
a. Human Rights code
b. Common law
c. Contract law
d. Income Tax Act
Save answer
According to APEGBC an engineer in training (EIT) is entitled to:
b. use a job title with the word Engineer in it together with the title EIT
c. do entry level engineering with supervision from a registered engineer
d. all of the above
Save answer
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. A public reprimand.
b. APEGBC would not review this matter because the member is in jail.
c. Membership is revoked.
d. APEGBC would not impose a penalty as this is a legal, not engineering,
matter.
e. A public flogging by masked student engineers dressed in black cloaks
with red trim.
Save answer
The association of professional engineers in each province has the power to:
d. discipline members of the profession who are guilty of unprofessional
conduct
f. all of the above are true
g. a), b), d) and e) are true
Save answer
An engineer obtains conflicting results from a long-term measurement program. Some of
the results have positive implications while the others have negative implications for
buyers of the company she works for. She is convinced that there is an error in the results
with negative implications and decides to withhold these results from her report for
further analysis. (Choose the answer that best describes the possible outcome.)
a. She could be liable for negligent misrepresentation if damage is the
result of the buyers relying on her report.
b. Her company could fire her for not including all the results in the report.
c. She is entitled to exercise her professional judgment in providing an
analysis of the data in her report.
Save answer
With respect to civil and criminal liability, which of the following statements is most
accurate?
a. In both civil cases and criminal cases, the plaintiff must prove their case
beyond a reasonable doubt.
b. Civil liability is usually governed by the law of contract and
negligence whereas criminal liability is usually governed by the Criminal Code.
c. The plaintiff can file a civil action and a criminal action concurrently.
d. The defendant cannot be found both civilly and criminally liable for the
same wrong.
Save answer
The dilemma associated with whistle-blowing arises from a conflict between items in
typical engineering codes of ethics.
a. True
b. False
Save answer
Two necessary features of a profession are: organization of practitioners into a
professional association and the requirement of a period of apprenticeship for members of
the association.
a. True
b. False
Save answer
The reasons for a professional to follow a code of ethics are similar to the reasons
members of groups in society agree to cooperate to achieve a particular goal.
a. True
b. False
Save answer
A conflict of interest can be actual, potential, or apparent but each type is equally easy to
identify.
a. True
b. False
Save answer
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
Save answer
A professional association provides the same services to its members as does a union of
skilled laborers.
a. True
b. False
Save answer
To avoid subjectivity and to be as professional as possible, engineers should not use their
emotions when doing design and making decisions.
a. True
b. False
Save answer
Ethical decisions always involve a choice between a discrete or continuous range of
conflicting alternatives.
a. True
b. False
Save answer
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
b. False
Save answer
Any graduate of an accredited engineering program can do engineering in British
Columbia under the supervision of a registered engineer.
a. True
b. False
Save answer
The decisions made by the engineer/managers of Morton-Thiokol when considering
whether to recommend the launch of the Challenger space shuttle are an example of
a. a lack of professionalism
b. placing personal interests above professional interests
c. providing opinions on a subject based on adequate knowledge
d. a clear distinction between managerial and engineering decisions
e. All of the above
f. a) and b) only
Save answer
A conflict of interest is a breach of the code of ethics and could be dealt with by an
investigative committee established by the provincial association. If loss or damage
results from the conflict of interest, the courts may find the person(s) involved in the
conflict of interest liable.
a. Both statements are true.
b. The second statement is true and the first is false.
c. Both statements are false.
Save answer
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.
f. a) and b) only
Save answer
The most significant portion of the fee of a consulting engineer is
a. overhead and benefits
b. profits
c. pre-tax profits
d. federal and provincial taxes to be paid
Save answer
Which of the following statements is true for an engineer?
a. Duty to oneself governs over public interest in most cases.
b. Duty to public safety governs over duty to the client in all cases.
c. Duty to the employer governs over the duty to the client in all cases.
Save answer
a. learning how to interact with others in society
b. a framework for resolving difficult moral decisions
c. following the laws of the country in which you live
d. a set of rules for ones personal conduct
Save answer
For a professional, professional ethics (Choose the best answer)
a. means following the code of ethics of a professional association
b. is learning how to communicate with the public
c. defines standards for how a professional will interact with the public
Save answer
a. clients
b. location
c. portfolio of past projects
d. employees
Save answer
Professional engineers occupy an important role in society because: (Choose the best
answer)
b. They understand how to build the systems that society needs to function.
c. Society needs the skills and expertise that professional engineers
possess.
d. Professional engineering associations advertise the accomplishments of
the profession and advocate for the engineering profession.
Save answer
Cell phones:
a. are extremely convenient technology for organizing a busy life
b. should be recycled every year
c. should remain off during an APSC 450 lecture and any other lectures
or meetings you might attend
d. should have more ring or vibrate styles
Save answer
Engineering students who have taken APSC 450 are:
a. professional, reverent, reserved, and sophisticated
Save answer
Finish
Final Exam 2006
Time allowed: 2 hours
Number of questions: 40
Finish Help
Be sure that the copies of notes and lectures you are using are up to date. Some of the
material on the web site has been updated within the last month.
With respect to engineering and product liability, the principal aim of tort law is to
provide a deterrent to careless design or manufacture.
a. True
b. False
Save answer
An invention which amounts to an improvement of a process or a machine is not
patentable in Canada.
a. True
b. False
Save answer
A counter-offer could be defined as a modification of the original offer.
a. True
b. False
Save answer
Clicking an icon on a web site such as I agree or Submit to indicate you agree to
purchase something is an example of a unilateral contract.
a. True
b. False
Save answer
A shrink-wrap agreement, wherein a purchaser who breaks the shrink wrap of off-the-
shelf software is deemed to have accepted an ownership contract, is only binding if the
purchaser is clearly informed.
a. True
b. False
Save answer
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 carried out.
a. True
b. False
Save answer
In mediation of a dispute, it is the parties who decide to settle, not the mediator.
a. True
b. False
Save answer
A fiduciary duty can arise when an engineer performs services for a client if the client's
business interests are vulnerable to the actions of the engineer.
a. True
b. False
Save answer
A moral obligation to keep a promise constitutes a binding contractual promise at law.
a. True
b. False
Save answer
In cases where a product is technically complicated and requires expert knowledge for its
use, the duty to warn may be discharged by issuing a warning to a learned intermediary
a. True
b. False
Save answer
The common law is
a. law that the common person obeys.
c. written decisions of the Supreme Court of Canada.
d. rules and precedents developed by all the courts.
Save answer
Which of the following is not a source of employment law for engineers?
a. Common law
b. Income Tax Act
c. Human Rights code
d. Contract law
Save answer
Which of the following elements are necessary to achieve a contract?
a. offer, acceptance, legality, ability to contract, written contract terms,
consideration
b. offer, acceptance, legality, ability to contract, consideration
c. offer, acceptance, contract, ability to enter into a contract, legality,
enforceability
d. offer, acceptance, counteroffer, consideration, age of majority
Save answer
Which of the following is an essential element to a finding of negligence?
a. Knowledge of precisely who will be harmed by the negligent act
c. Damages in the form of economic loss
Save answer
Two sources of law in Canada are:
a. Legal Rules and Legal Principles
b. Parliament and Provincial Legislatures
c. Tort Law and Contract Law
d. Statute Law and Common Law
Save answer
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 must prove their case
beyond a reasonable doubt.
d. The plaintiff can file a civil action and a criminal action concurrently.
Save answer
representation
b. the person making the representation knew it was false or misleading
c. there was damage resulting from relying or acting upon the representation
d. a false or misleading representation is made
Save answer
Which of the following is considered an essential element of a contract?
b. a duty to carry out the obligation with reasonable care
c. fulfillment of the obligation under the contract
d. intention to create legal obligations
Save answer
A contract may be terminated when (Choose the best answer)
a. all parties have performed all obligations under it
b. when all parties mutually agree to terminate the contract
c. when a mediator decides the parties should terminate
d. either of a) or b)
e. any of a), b) or c)
Save answer
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
b. False
Save answer
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
Save answer
A conflict of interest is not conflicting legitimate obligations such as those to an employer
and to the public or a profession.
a. True
b. False
Save answer
Ethical egoism is not compatible with professionalism.
a. True
b. False
Save answer
The ethics and moral behavior taught by our parents or by the society in which we were
brought up is a good substitute for professional ethics.
a. True
b. False
Save answer
A professional association provides the same services to its members as does a union of
skilled laborers.
a. True
b. False
Save answer
To avoid subjectivity and to be as professional as possible, engineers should not use their
emotions when doing design and making decisions.
a. True
b. False
Save answer
Clients of engineers typically do not have the ability to distinguish good decisions from
those influenced by conflicts of interest the engineers might have.
a. True
b. False
Save answer
Accepting small gifts from suppliers or clients is usually only an apparent conflict of
interest.
a. True
b. False
Save answer
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
Save answer
Professional engineering is different from general contracting because (Choose the best
answer)
a. Contractors do not do design whereas professional engineers do
b. Professional engineering requires registration to practice
c. There are many television shows about contracting but none about
engineering.
d. Professional engineering requires a period of education and training
whereas contracting does not
Save answer
Which of the following statements is true for an engineer?
a. Duty to public safety governs over duty to the client in all cases.
b. Duty to oneself governs over public interest in most cases.
c. Duty to the employer governs over the duty to the client in all cases.
Save answer
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
Save answer
A conflict of interest is significant to the engineering profession because:
a. Engineers are consulted for their expertise and skill and their advice and
judgment must be unbiased.
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 order for the profession to be held in high regard.
d. All of the above
e. a) and b) only
f. c) only
Save answer
It is a conflict of interest for an engineer to:
a. to offer to provide her services to two companies competing for the same
contract
b. to specify equipment made by one manufacturer to different companies
who compete in the same market
c. be a member of a committee that develops safety standards for equipment
produced by the engineer's company and failing to disclose ways in which the engineers
company may benefit from recommendations drafted by the committee.
Save answer
According to the paper Engineering Ethics and Society, the inability to predict the
behavior of systems (Choose the best answer)
a. requires the development of more sophisticated models of systems that can
take account of the consequences of their failure.
b. arises because of the complexity, and the chaotic and discrete nature
of systems.
c. leads to the need for more computing power to model the systems more
thoroughly.
d. arises because of societys demand for more sustainable systems and
practices.
Save answer
a. learning how to interact with others in society
b. a framework for resolving difficult moral decisions
c. a set of rules for ones personal conduct
d. following the laws of the country in which you live
Save answer
The problems with virtue ethics as applied to engineering are
a. Determining whether the virtues should apply to everyone
b. Determining the goodness or badness of an act
c. Determining which virtues take precedence
d. All of the above
e. a) and c) only
Save answer
The first and foremost professional obligation of engineers is
a. The engineering profession
b. Their employer
c. The government
d. Public safety
Save answer
a. is unethical
c. could have legal consequences if you are caught
d. could get you expelled if you are caught
e. all of the above
Save answer
With a degree in engineering you can
a. do engineering in Canada and other parts of the world
b. do research in graduate school
c. take time off to write a novel or do volunteer work
d. do a degree in law, medicine, business, or education
e. Any one of the above
Save answer
Finish
case_q2
Inserted from: <file://C:\Documents and Settings\Andrew\Desktop\case_q2.MDI>
Wednesday, November 14, 2007
1:11 PM
New Section 1 Page 1
An employment contract is only legally binding while you are employed to that
particular employer.

Both T and F were given a mark.

While it is true that an employment contract is only valid while you are employed, it is
also true that even after your employment you may owe a duty of confidentiality to your
former employer.

Consideration refers to the thought that must be engaged by a party before entering
into the legal relations being established by a contract.


In the purely legal sense, when dealing with contracts, consideration is something for
something: i.e. if you give me this ($, or something else of value to the parties), Ill give
you that ($, or something else of value to the parties). However, as the question was
worded, it was also possible to interpret the answer as: Why not? Of course it is OK to
consider things before entering into a contract.

At the appeal stage of a judicial proceeding, in assessing the matter, the appeal court
looks at all the facts presented at trial and assesses whether or not the earlier court
came to a good decision (i.e. the appeal process is essentially a re-trial).

No, the appeal process (both to the court of appeal, or the Supreme Court of Canada) is
selective. Only specific questions of law or fact in the initial trial can be appealed. The
elements of the trial relating to those specific questions are reviewed, but nothing else is.
It would be too cumbersome on the limited resources of the court system to conduct full
re-trials every time an initial trial decision was being appealed.

Rentway v. Laidlaw illustrates the fact that, in a legal context, when a party is injured, that
injured party will look to any and all parties who might have been responsible for the
injury-causing accident in an effort to obtain compensation for injuries. At trial, it is the
responsibility of the injured party to prove beyond a reasonable doubt that the parties
being sued were liable; conversely, the parties being sued will, of course, introduce evidence
claiming the opposite is true.

Many students missed the underlined words. This was a civil and not a criminal
proceeding. The burden of proof in a civil suit is balance of probabilities, in other
words, if you prove your case >50% your suit will be successful. In a criminal
proceeding, the burden of proof is beyond a reasonable doubt. In other words, if there
is any doubt whatsoever as to a persons guilt, the court will not convict. The reason for
this is that the courts do not want to be jailing or otherwise punishing people by mistake
if there is even a kernel of possibility that they are innocent. In Canada, in criminal
proceedings, defendants are innocent until proven guilty. The Crown (i.e. the
prosecutor) has to prove that the person is guilty. In other countries, the opposite occurs,
people are accused of crimes, jailed, and then it is up to them (from jail) to prove their
innocence. Not only is this unfair (it is extremely difficult for a person in jail to build a
case in her/his defence), it also leads to many innocent people being incarcerated.

The primary objective of the common law is compensation for parties that have
suffered some sort of loss to property or person.

No, the primary objective of tort law is compensation for parties that have suffered some
sort of loss to property or person.

It would have been ethical for Wolda to seek and obtain royalties from other
companies for the hinge design while the matter of the ETA was still being assessed
by the court, provided that, if the case was decided against him, he return the
royalty payments to Techform.


Generally speaking, if youve inadvertently (or purposely) done something unethical, it is
proper practice to remedy the situation as best as you can. Even if you accomplish the
remedy, it doesnt take away the fact that you did something unethical in the first place.
That was what this question was trying to get at.

Nonetheless, lets just say Techforms claim against Wolda was frivolous, then why
should Wolda stop collecting royalties while the case is being decided? If Techform was
determined to stop Wolda from selling the hinges pending the outcome of the suit,
Techform could have asked the court for injunctive relief to that effect. In other words,
Techform could have asked the court to order an injunction against Wolda preventing
him from selling the hinges or collecting royalties until the case was settled. Courts go
through a well-established multi-step process when trying to decide whether or not to
grant injunctive relief. The party seeking the injunction has to satisfy the court of each
step in order to be given the injunction.

Faculty of Applied Science
University of British Columbia

APPLIED SCIENCE 450

Quiz 1 Questions with Answers

Here are the 22 true-false questions and 20 multiple choice questions that were available in the
Quiz 1 database.
1
The bold face font indicates the correct answer. You are free to debate the
answers with us but please do it next term when the combination of hot sun, deep powder and
being away from campus will allow us to think more clearly.

1
It is left as an exercise for you to determine how many unique combinations of 10 true-false and 10 multiple choice
quizzes can be made from this database. (Hint: the probability of any two students getting exactly the same quiz is
about 1.20310
-6
.)
Quiz 1 True False Pile
1) Conflicting legitimate obligations, such as those to an employer and to the public or a
profession, always lead to a conflict of interest. F

2) Macro-ethical problems, as described by Wulf in Engineering Ethics and Society exist
because of the size of engineering projects being considered. F

3) A self-defeating ethical rule would, if applied universally, result in unfavorable consequences
for everyone, including oneself. T

4) The Golden Rule essentially says Treat others as you would want to be treated, hence
making it a complete guide for ethical conduct. F

5) All consequentialist ethical theories consider consequences that benefit or harm any member
of society. F

6) The Categorical Imperative implies that we regard ourselves as rational beings with the
autonomy to act based on universal moral principles. T

7) Professional codes of ethics are a recent development to provide professionals with narrow
systematic guidelines for how to conduct their professional practice. F (notes pg 1)

8) The evaluation of the benefits and harms of public policy and projects can be done accurately
and reliably using advanced technologies such as Internet surveys and opinion polls. F (notes
pg 13)

9) A profession needs societys recognition to be called a profession. F

10) A profession only requires training and mentoring or apprenticeship. F

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

12) Ethics is not individual morality, obeying the law, or following a code of ethics. T

13) The use of ethical norms requires, at the very least, the ability to reason about ones conduct.
T

14) Bentham argued that the benefits and harms of all actions could be measured using the
hedonic calculus. T

15) The Categorical Imperative is derived from the principle that all rational people must have
virtues. F

16) Davis in Thinking like an engineer suggests that when considering public safety engineers
should interpret the word public to mean everyone more or less equally. F

17) Uncertainty often affects an ethical decision. T

18) According to the APEGBC code of ethics, an engineer must hold public safety paramount
only if there is no conflict of interest. F

19) An apparent or potential conflict of interest cannot be mitigated by its disclosure. T

20) An association of professionals may provide its members with services such as training,
registration and advocacy of the profession, but its primary purpose is to serve the public. T

21) Engineering training should be directed toward eliminating the potential bias caused by the
effect of emotions or judgement on decision-making, particularly when issues of public
safety are involved. F

22) Clients of engineers typically do not have the ability to distinguish good decisions from those
influenced by conflicts of interest the engineers might have. T

Quiz 1 Multiple Choice Pile
1) A professional:
a) requires natural ability and some form of training.
b) requires substantial training, especially in underlying theory, and requires
examination, licensing, or certification.
c) requires significant training as well as mentoring.
d) requires significant training and membership in a regulatory body.

2) Ethics is:
a) using individual morality to resolve personal or professional dilemmas to the best of
ones ability.
b) obeying the law while facing personal or professional dilemmas.
c) following standard practice while facing personal or professional dilemmas.
d) a framework for the study of personal or professional dilemmas using principles
known as ethical norms.

3) In rule-based ethics the distinction between categorical and hypothetical rules is:
a) Categorical rules are divided into well-defined categories whereas hypothetical rules are
a random collection.
b) Hypothetical rules are based on a hypothesis.
c) Hypothetical rules are conditional, categorical rules are not.
d) Categorical rules are universal, hypothetical rules may be self-defeating.
e) c) and d) are true
f) None of a), b), c), or d) is true

4) An ethical egoist needs which of the following fundamental requirements:
a) concern about everyone affected by actions
b) the ability to account for all aspects and facts related to actions
c) impartiality with facts and their implications
d) willingness and freedom to act
e) All of the above

5) An ethical norm could:
a) hold that the correct moral action is the one that results in the greatest good for the
greatest number
b) maintain that the moral value of an action is not exclusively a function of its
consequences
c) hold that virtuous character traits are an appropriate influence on determining the right
course of action
d) any one of the above
e) only a) and b)
f) only a) and c)

6) The main criticism of utilitarian theory is
a) the difficulty of quantification of benefits or harms.
b) the difficulty of predicting future consequences.
c) the lack of time to do utility calculations.
d) the potential injustice and sacrifice of individual rights.
e) the determination of the scope of application of potential consequences.

7) What is the most compelling reason as to why professionals follow a code of ethics?
a) Professional registration requires it.
b) Cooperation with other professionals to serve ideals
c) It is a contract with society.
d) Potential professional liability

8) Ethical codes and theories are analogous to mathematical or physical models because they:
a) promote fairness in professional practice much like a mathematical or physical model
promotes making unbiased design decisions.
b) are useful for understanding a problem.
c) don't always fit but provide valuable insight.
d) All of the above
e) both a) and c)
f) both b) and c)

9) In deciding whether to follow a code of ethics, what are the two strategies available to a
person or group of persons?
a) cooperation and consideration
b) cooperation and defection
c) defection and interaction
d) consideration and interaction

10) The responsibilities of a professional organization include:
a) setting standards for membership.
b) setting standards of conduct.
c) advocacy and defense of the profession.
d) All of the above
e) None of the above

11) In utilitarianism, there are several problems, among them is/are:
a) Predicting future consequences
b) Hypothetical rules are conditional.
c) An action is right only and only if it conforms to a moral rule.
d) Benefits are greater than the harm done.
e) All of the above

12) In rule based ethics,
a) selection of moral actions is exclusively a function of consequences.
b) selection of moral actions must be based on rules.
c) the rule is that the hedonic calculus must be used.
d) a) and b)

13) When confronted with an apparent ethical problem, the first thing to do is:
a) gather all available information about the problem and use ethical norms to reduce any
uncertainty and provide some structure.
b) determine whether it is, in fact, an ethical problem and, if so, whether it is a
problem of professional ethics or a personal issue.
c) make a list of the alternative solutions within a discrete set or a continuous range.
d) All of the above

14) In Engineering Ethics and Society Wulf states that the inability to predict all behaviors of a
system may arise from the following source(s):
a) Complexity leading to emergent properties
b) Chaotic systems whose behavior is sensitive to initial conditions
c) Discrete systems whose properties cannot be predicted
d) All of the above

15) Professional engineering is different from general contracting because: (Choose the best
answer)
a) Contractors do not do design whereas professional engineers do
b) Engineering done by an unregistered engineer must be done under the supervision
of a registered engineer but a similar situation does not apply to contractors.
c) Professional engineering requires a period of education and training whereas contracting
does not
d) There are many television shows about contracting but none about engineering.

16) An actual conflict of interest could arise if an engineer:
a) agrees to provide her services to two engineering companies who are bidding
competitively for the same design contract.
b) specifies equipment made by one manufacturer to different companies who compete in
the same market.
c) is a member of a committee that develops safety standards for equipment produced
by her company and fails to disclose ways in which her company may benefit from
recommendations drafted by the committee.
d) Any one of the above.


17) Conflicts of interest are inevitable
a) partly because of the difficulty of eliminating the influence of automatic mental
processing on ones decisions.
b) partly because of the strong influence of latent biases.
c) partly because of the conflict between ones need for personal time and the increasing
demands of professional life.
d) b) and c)
e) a) and b)

18) Engineers should follow their professional code of ethics because
a) It helps them avoid legal problems, such as getting sued.
b) It provides a definition of what the public can expect from professional engineers.
c) It improves the image of the profession resulting in larger salaries for engineers.
d) The public will trust engineers more once they know engineers are following a code of
ethics.

19) For an engineer, professional ethics (Choose the best answer)
a) means following the code of ethics of a professional engineering association.
b) is a set of standards for interaction with other engineers and the public.
c) is learning how to communicate safety or environmental risks to the public.

20) 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 may happen if you and your business partner are accused of unethical conduct and
are questioned separately by the provincial engineering association.
c) how your self-interest must be sacrificed to benefit a group of professionals to which
you belong.
d) how to act ethically, avoid nuclear war, or eat a better lunch with the help of other
professionals.

Quesiton S

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Quesiton S

Uploaded by

Copyright:

Available Formats

Intellectual property

You might also like