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NPPE > T E S T 1 > Flashcards

T E S T 1 Flashcards

1
Q

Self regulating

A

Province/territory has passed an Act to form an Association of professional engineers which in turn regulates the profession

Government delegates responsibilities to the members of the profession: admission, standard of care, discipline

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2
Q

Two elements of self regulating

A

Right to title - can regulate the exclusive right for its member she use a title

Scope of practice – right to regulate the exclusive rights of its members to practice in an area or field

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3
Q

Three elements of voiding a contract

A

It must be mutual, it must be significant, and it must have existed at the time of contract formation

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4
Q

Basic principle of intellectual property

A

To encourage creativity by protecting the rights of creative people and to provide an orderly way to exchange creative ideas

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5
Q

Mill’s utilitarianism

A

An action is ethically correct if it produces the greatest benefit for the greatest number of people

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6
Q

Locke’s right ethics

A

All individuals are free and equal and each has rights

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7
Q

Kant’s formalism

A

Each person has a duty to act in accordance with universal principles for everyone to follow

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8
Q

Aristotle’s virtue ethics

A

Happiness is achieved by developing virtues, or qualities of characters, through reduction and reason

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9
Q

Conflicts of interest

A

A situation in which the professional has conflicting obligations to the public, the client, the employer, the profession, or themselves

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10
Q

Construction lien

A

Ensures that the work gets done and workers get paid. Anyone who makes improvements to the property can file a construction lien.

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11
Q

Force majeure

A

Common contract clause in the civil code that frees both parties from liability in the instance of an extraordinary event beyond the control of the parties

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12
Q

Limited partnership

A

partnership in which one general partnership runs the business and has unlimited liability and the limited partners only provide financial contribution to the business

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13
Q

Two methods to combat Internet threats

A

Firewall an antivirus software

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14
Q

Indemnity

A

In agreement by a partner to bear the financial loss of another partner for a specified event

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15
Q

Enforcement

A

Enforcement refers to prosecuting unlicensed individuals who are practising without a license

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16
Q

CCDC

A

Canadian construction document committee

Common form of standard contract for this type is fixed price contract, lump sum contract or stipulated price contract

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17
Q

Fix priced or stipulated price contracts or lump sum contracts

A

Goods and services are provided for a lump sum including overhead and profit

Owner has no right to direct the contractor on means and methods of construction and no right to inquire about the actual cost of the work. Contractor is entitled to keep any additional profit earned.

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18
Q

Cost plus contract

A

Contractor is paid the actual cost of the goods provided and services performed plus a fee for overhead and profit that may be fixed or varied

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19
Q

Pro and con of cost plus contracts

A

May provide the contractor and opportunity to use transfer pricing as a way to increase profits by transferring cost to the owner (I.e. Contractor buys a trailer, contractor rents it to the project as part of the agreement, the owner pays for most of the trailer but the contractor is it)

contractor does not have an incentive to save money

Owner and contractor save money if it falls below the target

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20
Q

Unit price contracts

A

Requires the owner to pay a stipulated amount for each unit or quantity of work, doesn’t guarantee the final

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21
Q

Construction management contracts

A

Owner generate contracts directly with both the trades and construction manager

process and project delivery meth threats through which an owner contracts directly with the trades rather than of hiring a general contractor

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22
Q

Design build contract

A

owner contracts out the design, construction and inspection to a single party

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23
Q

Expert witness

A

person with skill, expertise, training and experience who is higher to provide an opinion to the court or to an arbitration tribunal.Professionals should restrict testimony to areas of expertise.

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24
Q

Reporting on another professional

A

A practice sure shall maintained the honour and integrity of the practitioners profession and without fear or favour expose before the proper tribunals unprofessional, dishonest or unethical conduct by any other practitioner.

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25
Q

Common law

A

Court decisions establishing legal principles

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26
Q

Fisheries act

A

Forbids all activities I jeopardize any fish habitat

27
Q

Fiduciary duty

A

Duty to care for the interest of another party in priority to one’s own interest and a duty not to act against the interest of the other party

Director or owners duty to their company is to act honest, prudence and in good faith to the corporation

28
Q

Elements of an enforcible contract

A

Set an offer made an excepted, mutual intense, consideration, capacity and lawful purpose

29
Q

Professional seal

A

Must be accompanied by a date and signature. Authenticating a drawing communicates that you have checked, reviewed and take responsibility for the work.

Can only authenticate final drawings, specifications, plans and reports.

30
Q

Trademark

A

A mark that distinguishes a product from its competitors. must be distinctive.

Trademarks are protected for 15 years but can be renewed indefinitely. Owners must actively use and protect trademark by monitoring and prosecuting infringement, failure to do so can lead to losing it

31
Q

Patents

A

Protect inventions, any new and useful art, process, machine, manufacturer of composition of matter, or any new and useful improvement in any art, process, machine, manufacture of composition of matter. In order for your invention to be patentable, it must demonstrate novelty, ingenuity and utility.

Patents are protected for 20 years from the date of application is filed

32
Q

Copyright

A

Protects the expressions of words and data in original literary, musical, dramatic, and artistic works and must be in written form or performed, recorded or communicated in a form such as radio or TV.

Protected for a term of 50 years after the end of the calendar year we’re during which the author or last living author dies

33
Q

Industrial design

A

Protects the shape, configuration and general look of mass produce items such as furniture, toys or vehicles.

Protected for 10 years from date of registration

34
Q

Integrated circuits

A

Protect the design of integrated circuits (layers of semi conductors, metal, insulators and other materials, and topography refers to configuration of these layers)

Protected for 10 years from the date the application is filed

35
Q

Tort law

A

Private or civil wrong or injury, one that involves negligence and that may arrive independently of contract

36
Q

Arbitration

A

Private litigation or trial process in which the party set the rules and choose the judge (arbitrator)

Arbitration is often less costly, less public and most time-consuming when compared to litigation

37
Q

Secret commissions

A

Giving or receiving a bribe or kick back to show fever or just fever to a person or company

38
Q

Validation testing

A

Something to user should do prior to using software and is not a type of user error

39
Q

Software user error’s

A

Applying the program to the wrong type of problem, not understanding the output display, and using incorrect units for data input

40
Q

How are arbitrators chosen

A

The appointment of a three person arbitration board is usually done by each side selecting one arbitrator and the two representatives agreeing on the third

41
Q

Successful tort claim

A

Plaintiff must prove defendant owed the plaintiff duty of care, the defendant breached that duty, plaintiff suffered lost or damage and the breach was the approximate cause of their loss

42
Q

Workers compensation payments

A

Calculated on a pre-employee basis and vary depending on the risk of the employers business

43
Q

Peak oil

A

Doesn’t mean we’ve run out of oil we have just reached the halfway point. when oil production reaches its maximum after which begins to decline

44
Q

Errors and omissions insurance

A

To protect against negligent work, practitioner can obtain liability insurance

45
Q

Dummy run

A

Running a basic check on the programs computation to get known answers

46
Q

Duress

A

Persuading a party to enter into a contract by threatened or actual violence or imprisonment

47
Q

Contra proferentum

A

Refers to a contract that is ambiguous and will be interpreted against the party that drafted that provision

48
Q

Incompetence

A

Lack of knowledge, skills or judgements that demonstrates the member is unfit to carry out duties as a professional

49
Q

Extra

A

Regarding contracts are increase in price

50
Q

Credits

A

Regarding contracts or decrease in price

51
Q

Occupational health and safety

A

Each Canadian is entitled to a safe and healthy work environment that the employer must provide

52
Q

Quantum meruit

A

Contracts may not always be in place but if one party has received the benefit of the work, the law stipulates that, that party should have to pay something for those services

53
Q

Due diligence

A

When environmental offences are strict liability offenses, the only defence is due diligence. reasonable care; consider every possible mode of failure and ensuring that a contingency plan is in place for every mode.

54
Q

Permit to practice/certificate of authorization

A

Corporations must obtain this to demonstrate to the public that the firm is competent

55
Q

Standards

A

To ensure quality or uniformity but do not control are the textual features like appearance of a house

56
Q

Per diem

A

Consultant will be paid a daily rate, this is beneficial when the scope cannot be well defined

57
Q

Illegal software

A

Pirated software are unethical to use, it violates the copyright act

58
Q

In the rare instances that there’s new information, low industry standards or no code exist, designer must

A

Deviate from the code

59
Q

Duty to society

A

Professionals must value their duty to the public as paramount

60
Q

Branches of philosophy

A

Ethics - study of wrong and wrong, good and evil, obligations and rights, justice, and social and political ideas
Logic - Studies of the rules of reasoning
Epistemology - study of knowledge
Metaphysis - Study of basic ideas such as existence and reality 


61
Q

Vicarious liability

A

When a party is held responsible for the actions of another party

62
Q

Misrepresentation

A

False statement that can surface when developing a contract

Types of misrepresentation are innocent, negligent and fraudulent. Innocent and negligence misrepresentation involves a statement made by one party to another that is false or misleading but involves no intent to deceive or mislead. Fraudulent is where a party makes a statement and is aware that it’s false.

63
Q

Negligence

A

Made without due care or skill 

NPPE (1 decks)

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