Law and Engineering Flashcards

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1
Q

Consideration in a contract is?

A

Exchanging something for something else. You have committed yourself to a duty ccording to duty ethics

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2
Q

Why should engineers study law?

A
  • we may be sued for negligence
  • patents are based on legal principles
  • contract disputes happen often
  • property law
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3
Q

Canadian Constitution

A
  • amalgamation of codified acts and uncodified traditions and conventions
  • outlines Canadas system of government
  • outlines civil rights of candians (jefferson - natural rights)
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4
Q

Interpretation of the constitution is called?

A

constitutional law

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5
Q

What does the constituion do?

A

1) Divdes power (between federal and province)
2) Creation of courts
3) Charter of Rights and Freedoms

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6
Q

What authority is engineering governed by?

A

Provincial authority

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7
Q

Statues are?

A

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

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8
Q

what happens if federal law and provincial law conflict?

A

Federal law prevails

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9
Q

Examples of law varying between provinces?

A
  • lien registration
  • employment law
  • labour legislation
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10
Q

Civil law

A

is a written collection of laws which apply to them and which judges must follow
- governed by legislature

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11
Q

Common law

A
  • governed by historical development and a body of precedents
  • not written down!
  • its considered bad precedent to make written (civil) that contradicts common law
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12
Q

aboriginal treaty rights

A
  • set out by the constitution
  • entered into by the crown and a particular group of people
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13
Q

Delegation of authority by provincial statues and codes

A

ex: autority can be delegated to associations: EGBC

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14
Q

What is international law?

A

treaties ratified by both contries. NAFTA, tax treaties

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15
Q

What are contracts governed by?

A

Common law

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16
Q

negotiation contract vs adhesion contract

A

Adhesion contract is considered to be a disadvantage if you are the person signing it. There is some legislation meant to protect you from being taken advantage of. EX Big White liability waiver