Engineering Management & Law Flashcards
What is systemic deliberation?
Am approach to decision-making that helps avoid bias
What organisation pushed the UK-SPEC?
The engineering council
Who may accredit a degree program?
Professional bodies
What is mono-tasking?
Working on 1 activity at a time
What is the Eisenhower Principle?
A 2x2 time management matrix for prioritising taks
Important, urgent: do immediately
Important, not urgent: schedule later
Not important, urgent: delegate
Not important, not urgent: Eliminate
What are the 4 components of Ikigai?
What you love
What you’re good at
What you can be paid for
What the world needs
What are the 6 steps in Gibbs’ Reflective Cycle?
Description -> Feelings -> Evaluation -> Analysis -> Conclusion -> Action Plan -> [back to beginning]
What are the SMART goals?
Specific
Measurable
Time-bounded
Achievable
Realistic
What 2 ways of starting a company?
Entrepreneurship (starting own company): more control, higher reward
Intrapreneurship (business within a company): less risk, more talent, less control, lower reward
What is Gilbrat’s Law?
A theory about company growth & decline
“The growth of a business occurs in random shocks”
Random process - independent of firm size and time
How does Gilbrat’s Law apply to different-sized firms?
Holds up better for larger firms
Smaller firms are more volatile
Size & growth are inversely proportional
What are the 5 stages of business decline and their countermeasures?
1) Blinded - good information
2) Inaction - prompt action
3) Faulty action - corrective action
4) Crisis - effective reorganisation
5) Dissolution
What are assets?
The money you owe (liabilities) + the ownership interest of shareholders (equity)
How are assets maintained?
Double entry bookkeeping
Each transaction is entered twice as a credit and debit - these balance
What are the 3 accounting equations for double entry bookkeeping?
Assets: debits increase, credits decrease
Liabilities: debits decrease, credits increase
Equity: debits decrease, credits increase
What are the 2 branches of accounting?
Financial accounting - annual reports of company’s situation to shareholders & public
Management accounting - additional, more up to data info (includes company confidential data); used to monitor performance to support management decision-making
What do balance sheets show?
Assets, liability, equity
What 3 financial reports are there are what do they entail?
Profit & loss reports - shows income & expenses
Equity statement - shows retained earnings
Cash flow statement - shows operating costs, investing & finances
What is insolvency?
The state where a company is unable to pay its debts when they are due because liabilities exceed assets
What is liquidation?
The process of selling company assets to pay debts, usually leading to closure
What are the 2 key fundamental characteristics of financial information?
As per IFRS:
* Relevance
* Faithful Representation
What are the 4 key enhancing characteristics of financial information?
As per IFRS:
* Comparability
* Verifiability
* Timeliness
* Understandability
What are the 3 key financial metrics?
Market Cap(italisation): share price x no. shares
Earnings per Share (EPS): profit / no. shares
Beta: measure of volatility of market
Wht are the 3 approaches to budgeting?
Top-down: senior managers leave lower levels to work out details
Bottom-up: lower levels tell senior managers resources they need
Participatory: budget negotiated between different levels
What is a cost centre
An identifiable part of an organisation (department, machine, individual, etc) to which costs can be assigned and aggregated
How is profit of a single product calculated?
profit = pq - (F + wq)
p: sales price
q: quantity sold
F: fixed costs (e.g. rent, salaries)
w: variable costs per unit sold (e.g. materials, shipping)
What are overheads?
Costs required to run a business
What are overhead allocations?
Where overheads are shared across multiple products/services
Cost tracing vs cost allocations
Cost tracing: directly linking costs to specific cost objects (direct costs) e.g. raw materials
Cost allocations: distributing costs from a central point to specific cost objects (indirect costs) e.g. electricity, water
What is TCS and ABC?
**Traditional Cost System **- allocates overhead to products based on single volume-based cost driver such as labour hours - less accurate
**Activity Based Costing **- a more accurate system that uses a number of cost drivers
What is Moore’s Law?
Direct vosts per unit is inversely proportional to cumulative volume of production
Whate are core competencies?
The unique resources & skills that give a company a competitive advantage in its industry
Legal rule vs legal principle
Legal rule: clear, specific directive with little room for interpretation e.g. speed limit is 60mph
Legal principle: more flexible guideline that reflect general values/standards e.g. no one should be unjustly enriched
What are the 2 primary sources of law?
Legislation: refers to laws made by a government body, like a parliament or congress
Case/Common Law: refers to laws created by court decisions, where judges interpret existing laws or set legal principles when no specific law applies
What are the 3 branches of power?
The Executive - implements & enforces law; led by president/prime minister/government ministers
The Legislature - makes & passes laws; consists of parliament/congress
The Judiciary - interprets & applies laws; through courts & judges
Name 2 alternatives to the traditional court system and why they are used
Tribunals & Alternative Dispute Resolution (ADR)
Reasons:
* Cheaper
* Heard in private (good for businesses disclosing finances)
* Eases pressure on court system
What are ABSs (Alternative Business Structures)?
A law firm structure that allows non-lawyers to own or invest in law firms, offering legal services in a more flexible way
What are solicitors?
A legal professional who provides advice, prepares legal documents, and may represent clients in lower courts
What are barristers?
A lawyer who specializes in court advocacy, representing clients in higher courts, and offering specialist legal advice
What are judges?
A legal official who presides over court proceedings, interprets the law, and delivers rulings and judgments in legal cases
What are the 2 justice systems?
Civil Justice System: deals with disputes between individuals or organizations; aim is usually compensation or resolution rather than punishment
Criminal Justice System: handles offenses against society or the state; goal is to punish offenders, maintain public order, and deter future crimes
What does the concept of law distinguish between?
Primary rules: prescribe behaviors (e.g. laws prohibiting theft)
Secondary rules: define how primary rules are created, modified, or enforced
What is the rule of recognition?
A legal principle for determining if a rule is valid within the legal system
What are the 6 steps in the concept of contact?
1) Existence of a contract: do we have a contract?
2) Validity: is the contract legally valid?
3) Offer and Acceptance: a contract is formed by one party’s offer and the other’s acceptance
4) Intent to be legally bound: did both parties intend to create legal relations?
5) Consideration: there must be an exchange of value between parties
6) Formalities: compliance with required formalities (e.g., written or deed)
What are the 2 approaches to contract law?
Objective - what was said and done; how would a reasonable third party interpret the situation
Subjective - focuses on actual, internal intentions of parties involved
What are the 3 types of contractual terms?
Conditions: fundamental terms; breach allows termination and damages
Warranties: minor terms; breach allows damages but not termination
Innominate Terms: intermediate terms; remedy depends on breach severity, termination if it significantly deprives the benefit
What are exemption clauses?
Terms in a contract that aim to limit or exclude one party’s liability for breach of contract, negligence, etc
What are statutory interventions?
Actions taken by the government that regulate/limit use of exemption clauses in contracts
What is The Consumer Rights Act 2015?
Provides protection for consumers against unfair terms, including exemption clauses, in business-to-consumer contracts
What is the Unfair Contract Terms Act 1977?
Regulates exemption clauses in business-to-business contracts and prevents parties from excluding or restricting liability in certain cases
What is contractual interpretation (3)?
Determining the meaning of a contract based on background knowledge
Previous negotiations can’t be used as background
Document’s words should be understood in context (mistake in wording isn’t penalised)
In what 4 ways can a contract be discharged?
Through:
* Performance
* Agreement
* Frustration
* Breach
When does discharge of contract by performance occur (including exceptions)?
When both parties complete their agreed obligations
Exceptions:
* Substantial performance
* Divisible contracts
* Prevention of completion by other party
* Acceptance of partial performance
When does discharge of contract by agreement occur?
When both parties agree to release each other from further duties
What are the 2 types of discharge of contract by agreement?
Unilateral discharge: one party is released from their obligations under the contract, but the other party remains bound by it
Bilateral discharge: both parties agree to release each other from all obligations under the contract, effectively ending it for both sides
When does discharge of contract by frustration occur?
When an unforseen event makes the contract impossible to fulfil
When does discharge of contract by breach occur?
When one party fails to fulfil their obligations
What are the two types of discharge of contract by breach?
Actual breach
Anticipatory breach (party intends not to perform)
What 6 remedies are there for breach of contract?
Damages: monetary compensation
Action for agreed contract price: recover payment owed
Quantum meruit: payment for value of work/services
Specific performance: breaching party must fulfil obligations
Injunction: court order preventing violation of contract
Repudiation: treating contract as terminated due to refusal/inability to perform
What are the 2 forms of business organisations?
Incorporated - legal entity
Unincorporated - no separate legal entity from participants
How are partnerships formed?
Through contractually binding agreement
What 4 types of partner are there?
Typical partner - actively participates in management
Silent partner - only invests in business
Salaried partner - receives fixed salary instead of share
Partner by estoppel - not officially a partner but treated as one
What 4 duties does a partner have?
General duties
Duty of disclosure
Duty to account
Duty to not compete
How is liability determined in a partnership?
Liability is shared equally based on percentage of ownership