4498 - Ethics Flashcards
What are the 6 conditions for admission to the profession of engineering in ontario?
- 18 years of age
- degree recognized by CEAB
- of good character
- successfully pass Professional Engineer Exam
- 4 years of experience supervised at least 12 months by a p.eng
What are the 6 basic groups of individuals that professional engineers have an obligation too and which one is paramount?
- society is paramount
- employer
- colleagues
- subordinates
- the profession
- yourself
List 3 disciplinary actions that can be taken under prof. engineer act
- Revoke license of member
- Suspend license up to two years
- Impose restrictions on license (supervision inspection)
- Require member to be reprimanded, admonished, counseled and publish details of results, with or without names.
- Require member to pay costs of investigation and hearing
- Require member to undertake course of study or write examinations set by Association
- Have any order that revoke or suspends the license of a member to be published, with or without reasons for decision
- Impose fine
List three principles that must be satisfied to prove a tort
Tort is a wrongful civil act committed against one person by another (other than a breach of contract) that involves negligence. A duty of care was owed, the duty was breached, and some for of injury results.
. List the 6 essential elements of a contract
- offer is made and accepted
- mutual intent to enter on the part of both parties involved
- capacity to contract (18+, etc)
- consideration (basis for the contract)
- useful purpose
- cannot enter into a contract with a drunk or lunatic so long as you’re aware that they are. They can, but you cannot
Define and explain the rule of “contra proferentem”
Contra Proferentem means that you don’t use ambiguous terms in a contract – it will be held against the party that drafted the contract.
What is a “legislation”, and how does it differ from “common law
The common law differs from statutory law because it is mainly based on precedent. Statutory law is a more formal body of the legal system that consists of written legislation. This legislation will mainly be based on rules and regulations either mandating or prohibiting certain behaviors of the general public. Common law, on the other hand, will allow judges to decide cases based on the rulings of prior cases with similar circumstances.
What are the Liability Insurance requirements for Ontario?
Requirements for liability insurance in Ontario: you don’t need to have it, but if you don’t have it you need to tell your clients. Working for a company, you won’t need it because the company will likely provide it. `
Define the term “precedent” in law.
According to the definition; a legal decision or form of proceeding serving as an authoritative rule or pattern in future similar or analogous cases.
What is the function and significance of the Engineer’s Seal? Briefly describe how its use can be abused?
The engineering seal is a stamp that professionals use to say that the calculations are checked and correct – the engineer that stamps is the one responsible for the design and calculations.
What is a “gratuitous promise”?
At common law, a gratuitous promise, or promise for which the promisor obtains no consideration, is binding if made under seal, but is absolutely void in the absence of a seal. This characteristic of contracts under seal is often accounted for on the ground that their solemnity imports a consideration, but the supposition is historically untrue.
What doe the term “self-regulating” mean, as applies to the Association of Professional Engineers? (10)
- protect the public
- restrict unqualified people from practicing
- discipline unscrupulous practitioners
Explain how the Code of Ethics is legally enforced in Ontario
The Code of Ethics itself cannot be enforced as it must be in conjunction with professional misconduct.
Define “quantum meruit”.
A legal principle under which a person should not be obliged to pay, nor should another be allowed to receive, more than the value of the goods or services exchanged; hence, as much as is deserved only.
Define the term “risk.”
Cost- benefit analysis: converting risk to monetary units
Revealed preferences – induce what’s acceptable based on the past
Expressed preferences – poll people and base acceptability on that
Natural Standards – what exists in nature is obviously good enough
Define the Engineer’s Standard of Care; explain why it exists and relate this to tort liability and the Professional Engineers Act.
Engineer’s Standard of Care - An engineer’s standard of care is based on the understanding that he will use reasonable care and skill of an engineer of ordinary competence, at the time the service was rendered.
List two ethical theories, and their authors, that are relevant to the application of ethics in engineering.
Immanuel Kant devised formalism, or “duty ethics”.
Concept: rational people have a fundamental duty to follow the categorical imperative of a social conscience.
Within the Code of Ethics, some of these duties include:
- duty to disclose
- duty to public needs
- standard of care
- duty to report without fear or favor
Aristotle believed that there were certain virtues, defined as the “Golden Mean” between extremes in behavior.
Within the Code of Ethics, some of these virtues include:
- Integrity
- Honor
- Loyalty
- Good faith
- Courtesy
- Fidelity
- Fairness
Explain the concept of “proprietary information” with regard to Ontario Regulation 941, the Professional Engineers’ Act.
Proprietary information will be kept confidential (loyalty to employer), faithful to the employer and clients. If you move to a new company, you can bring your skills but not your intellectual property.
Explain the concept of “moonlighting” with regard to Ontario Regulation 941, the Professional Engineers’ Act. (2)
Moonlighting is a right engineers have, in which they can work somewhere other than their regular day job, usually as a contractor on their own “spare” time.
List two reasons for termination of employment for just case. (2)
Reasons include a serious misconduct, habitual neglect of duty, serious incompetence, conduct incompatible with an engineer’s duties or prejudiced to the company’s business, willful disobedience of a lawful and reasonable order, theft/fraud, continual insolence and insubordination, excessive absenteeism, permanent illness and under certain circumstances drug and alcohol abuse.
Explain the stages of the Disciplinary Process.
In the disciplinary process, the first step is to have information collected on the situation. Either a disciplinary committee will receive the case, or suggestions will be sent to the engineer in question. The disciplinary committee would follow the setup of a formal court hearing, and appeals can be made in civil court.
List three ways to maintain professional competence
You can maintain professional competence through practice (doing engineering), reading/subscribing to journals and taking formal courses (education).
Define the “Engineer’s Standard of Care”.
An engineer’s standard of care is based on the understanding that he will use reasonable care and skill of an engineer of ordinary competence, at the time the service was rendered.
Define the term “equitable estoppel”.
Equitable estoppel is a concept that can be applied to prevent a party from enforcing strict contractual terms in circumstances where doing so would produce an unfair and inequitable result.
Define “Fundamental Breach”.
Applied where there is an exemption clause in a contract that limits the liability that arises as result of a breach of contract. However, if you breach the basic purpose of the contract, you can sometimes be held liable for more (ie, contract to make part of a factory , and the part is completely unsuitable for its purpose and destroys the entire factory – you can be held liable for the reconstruction of the entire factory).
Explain the Parole Evidence Rule.
If a condition is agreed upon verbally, but it is not written into the contract, it is not legally part of the contract and you are not legally responsible for it.
Define a “common mistake” and a “unilateral mistake”.
A common mistake is when both parties have reached an agreement in a contract, but have recorded the provisions inaccurately. A unilateral mistake is when only one party makes the error.
. Define the term “Tort Liability”. (4)
The party that commits the tort is called the tortfeasor. A tortfeasor incurs tort liability, meaning that they will have to reimburse the victim for the harm that they caused them. In other words, the tortfeasor who is found to be “liable” or responsible for a person’s injuries will likely be required to pay damages.
Define the term “Legislation”.
Legislation is when statute are enacted by elected legislatures. A statute is a codification of the law as the legislature determines at the time of enactment.
What is the mandate of OSPE? (1)
OSPE is the Ontario Society for Professional Engineers, whose mandate it is to advocate for professional engineers, separating the regulatory (PEO) from non-regulatory (OSPE) functions.
What were the main differences between the R100 and the R101? (3)
R101 was government controlled and operated; the R100 was private; however, since both were created by the same division, the R100 team had things checked by the R101 officials, although the R101 had no one checking their calculations. The R101 was funded by tax dollars and had more funding but less flexibility in changing design. The R100 had high spending and require more engineering ingenuity, though they were able to make changes when they discovered certain components did not work. The R100 made a successful trip over the Atlantic to Montreal; the R101 attempted a flight to India, but met bad weather and crashed, leaving only 6 survivors.
Name three strategic imperatives discussed in the Bruntland Report, “Towards Sustainable Development”. (3)
Strategic imperatives for sustainable development:
- reviving growth = bringing jobs back to the third world
- changing the quality of growth – less material and energy intensive, and more equitable
- marketing the essential needs for jobs, food, energy, water, sanitation
- sustainable population level
- conserving and enhancing resource base
- orienting technology and managing risk
- merging environment and economics in decision making
