Law and Engineering Flashcards
Consideration in a contract is?
Exchanging something for something else. You have committed yourself to a duty ccording to duty ethics
Why should engineers study law?
- we may be sued for negligence
- patents are based on legal principles
- contract disputes happen often
- property law
Canadian Constitution
- amalgamation of codified acts and uncodified traditions and conventions
- outlines Canadas system of government
- outlines civil rights of candians (jefferson - natural rights)
Interpretation of the constitution is called?
constitutional law
What does the constituion do?
1) Divdes power (between federal and province)
2) Creation of courts
3) Charter of Rights and Freedoms
What authority is engineering governed by?
Provincial authority
Statues are?
Formal writtten enactment of a legislative autority that governs a state, city of country. They command or prohibity something or declare a policy
- Before becoming a law a statute must be passed by the parlient
what happens if federal law and provincial law conflict?
Federal law prevails
Examples of law varying between provinces?
- lien registration
- employment law
- labour legislation
Civil law
is a written collection of laws which apply to them and which judges must follow
- governed by legislature
Common law
- governed by historical development and a body of precedents
- not written down!
- its considered bad precedent to make written (civil) that contradicts common law
aboriginal treaty rights
- set out by the constitution
- entered into by the crown and a particular group of people
Delegation of authority by provincial statues and codes
ex: autority can be delegated to associations: EGBC
What is international law?
treaties ratified by both contries. NAFTA, tax treaties
What are contracts governed by?
Common law