T E S T 1 Flashcards
Self regulating
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
Two elements of self regulating
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
Three elements of voiding a contract
It must be mutual, it must be significant, and it must have existed at the time of contract formation
Basic principle of intellectual property
To encourage creativity by protecting the rights of creative people and to provide an orderly way to exchange creative ideas
Mill’s utilitarianism
An action is ethically correct if it produces the greatest benefit for the greatest number of people
Locke’s right ethics
All individuals are free and equal and each has rights
Kant’s formalism
Each person has a duty to act in accordance with universal principles for everyone to follow
Aristotle’s virtue ethics
Happiness is achieved by developing virtues, or qualities of characters, through reduction and reason
Conflicts of interest
A situation in which the professional has conflicting obligations to the public, the client, the employer, the profession, or themselves
Construction lien
Ensures that the work gets done and workers get paid. Anyone who makes improvements to the property can file a construction lien.
Force majeure
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
Limited partnership
partnership in which one general partnership runs the business and has unlimited liability and the limited partners only provide financial contribution to the business
Two methods to combat Internet threats
Firewall an antivirus software
Indemnity
In agreement by a partner to bear the financial loss of another partner for a specified event
Enforcement
Enforcement refers to prosecuting unlicensed individuals who are practising without a license
CCDC
Canadian construction document committee
Common form of standard contract for this type is fixed price contract, lump sum contract or stipulated price contract
Fix priced or stipulated price contracts or lump sum contracts
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.
Cost plus contract
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
Pro and con of cost plus contracts
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
Unit price contracts
Requires the owner to pay a stipulated amount for each unit or quantity of work, doesn’t guarantee the final
Construction management contracts
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
Design build contract
owner contracts out the design, construction and inspection to a single party
Expert witness
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.
Reporting on another professional
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.
Common law
Court decisions establishing legal principles
Fisheries act
Forbids all activities I jeopardize any fish habitat
Fiduciary duty
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
Elements of an enforcible contract
Set an offer made an excepted, mutual intense, consideration, capacity and lawful purpose
Professional seal
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.
Trademark
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
Patents
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
Copyright
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
Industrial design
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
Integrated circuits
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
Tort law
Private or civil wrong or injury, one that involves negligence and that may arrive independently of contract
Arbitration
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
Secret commissions
Giving or receiving a bribe or kick back to show fever or just fever to a person or company
Validation testing
Something to user should do prior to using software and is not a type of user error
Software user error’s
Applying the program to the wrong type of problem, not understanding the output display, and using incorrect units for data input
How are arbitrators chosen
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
Successful tort claim
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
Workers compensation payments
Calculated on a pre-employee basis and vary depending on the risk of the employers business
Peak oil
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
Errors and omissions insurance
To protect against negligent work, practitioner can obtain liability insurance
Dummy run
Running a basic check on the programs computation to get known answers
Duress
Persuading a party to enter into a contract by threatened or actual violence or imprisonment
Contra proferentum
Refers to a contract that is ambiguous and will be interpreted against the party that drafted that provision
Incompetence
Lack of knowledge, skills or judgements that demonstrates the member is unfit to carry out duties as a professional
Extra
Regarding contracts are increase in price
Credits
Regarding contracts or decrease in price
Occupational health and safety
Each Canadian is entitled to a safe and healthy work environment that the employer must provide
Quantum meruit
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
Due diligence
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.
Permit to practice/certificate of authorization
Corporations must obtain this to demonstrate to the public that the firm is competent
Standards
To ensure quality or uniformity but do not control are the textual features like appearance of a house
Per diem
Consultant will be paid a daily rate, this is beneficial when the scope cannot be well defined
Illegal software
Pirated software are unethical to use, it violates the copyright act
In the rare instances that there’s new information, low industry standards or no code exist, designer must
Deviate from the code
Duty to society
Professionals must value their duty to the public as paramount
Branches of philosophy
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 

Vicarious liability
When a party is held responsible for the actions of another party
Misrepresentation
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.
Negligence
Made without due care or skill 
