The Engineering Profession
What two things must accompany a P Eng seal?
Holder's signature
Date of when it was sealed
What is Duty to Mitigate?
· A party that suffers a loss through a breach of contract must take reasonable steps to mitigate or reduce the amount of damages suffered
· If they do not, conduct will be taken into account when the court if deciding the damages
What is Tort?
harm arising from an act that violates general duty
Derived from the Latin word for injustice or wrong (tortum)
What are some of the ethical duties of a professional?
· Paramount duty is to protect safety and welfare of public
· Duty to report misconduct of fellow professionals
· Expert Witness
Maintain confidentiality
· Duties to employer
· Duties to Client
Name 3 things the Federal Court of Canada is responsible for
Federal Court of Appeal
· Federal Court which conducts trials in the federal domain
o claims against the Government of Canada
o civil suits in federally‐regulated areas
o decisions of federal tribunals o Transportation issues
o Patents
o Trade marks
o Copyright issues
what makes a profession self regulated?
rather than passing laws directly regulating engineering, the government here has passed laws giving engineers the ability to make and enforce engineering-governing laws
What is Ultra Vires?
When federal or provincial court can be convinced that they are enacting a statute in the wrong court and thus would be rendered void
what is a Fiduciary Duty?
· special relationship of trust in which the party owing the duty (the fiduciary) is required to put the interests of the party owed the duty (the beneficiary) ahead of its own interests
· not always clearly defined, but often exist
What tools can be used to solve ethical dilemmas?
· Individual Values and Beliefs
· Personal‐Relational Values
· Society Views
· Legal Implications
Name 3 things the Provincial Government is Responsible for
Property rights
· Environmental
· Provincial Civil and Criminal Courts
· Contracts - labour
· Professional bodies
What are the 4 Licenses PEO issues?
P.Eng
Provisional
Temporary
Limited
What is the Rule of contra proferentem?
· Where a contract is ambiguous, it will be construed or interpreted against the party that drafted the provision
· Attacks poorly drafted and ambiguous document
What is the Parol Evidence Rule?
Extrinsic evidence cannot be used to vary the terms of a written contract
· Contract should embody all terms agreed upon by both parties
· Terms agreed upon verbally that are not included in the written contract cause problems
· Only in exceptional circumstances if a contract affected be extrinsic evidence
What are the 3 categories of Conflict of Interest?
(1) Clear (or actual) Conflicts
· Conflict clearly compromises the professional's service to the client or employer
(2) Potential (or latent) Conflicts
· Professional does not have a conflict of interest at present but a reasonable person would predict a conflict to exist in the future
· Potential conflict exists and probable event could trigger it
(3) Perceived Conflicts
· Professional does not have a conflict of interest but observers believe a conflict exists
what is judge made law?
judged interpret laws different than intended
What is a Certificate of Authorization?
Grants a privilege to the holder to provide professional engineering services to the public
Explain Vicarious Liability - tort
· If a negligent employee commits a tort, the employer is also liable for the damage caused.
· Since tort is meant to compensate victim for damages, this follows the "deep pockets" approach since the employer is presumed to be in a better financial position
· Personally, not liable unless a criminal act
· employee can also be held liable for action against employer
What is Repudiation?
· When one party tells the other that they have no intention of performing contractual obligations
· Non-defaulting party can ignore the breach or cause assume the contract has been discharged
· Can claim damages
what was the philosophy proposed by Aristotal and Virtue Ethics?
· qualities of character or "virtues" developed through human reason and logic
· applied to compromise between extremes of concepts
· "always" search for the "golden mean" that leads to goodness, happiness, satisfaction
· seek the "happy medium" between extremes of outcomes"
· contrasts with Kant's ideas of absolute imperatives
o Black and White vs greyscale
What is the difference between sections 91 and 92 of the Provincial Legislature?
Section 91 Enumerates specific matters that fall within exclusive legislative authority of the Parliament of Canada
section 92 Grants the provincial government certain exclusive powers
What was caused by the Ron Engineering Case?
Created the law of tendering for contracts where there will be a separate contract for tenders than with the contract for construction
Contract A, formed when a request for proposal is responded to form a valid bid
the owner must deal fairly with all bidders and must not show any favouritism towards any bidder
Contract B, formed when the contract is awarded to the bidder
What is Equitable Estoppel?
Re-negociate terms of a contract, no consideration, both parties acted as if there was a "new" contract, an element of fairness
Exam might be like 'was XYZ company entitled to terminate the contract? explain relevant legal principle, how it arises and how it should be applied in this situation"
What is Quantum Meruit?
As much as reasonably deserved
· Ex. Services were performed but no agreement was reached for payment, court will award payment based on a reasonable amount
· Can apply in repudiated contracts that the innocent party treats as discharged
what was the philosophy proposed by John Locke?
· Universal rights for life, individual liberty, dignity, etc. are fundamental, our duty is not to infringe on rights of others
· Everyone free and equal o Basis for Canadian Charter of rights & US Constitution
· Who decides on various laws considering guns, smoking, seatbelts, biking helmets, language
What is the order of the Canadian Court System (5)?
1. Supreme Court of Canada
2. Federal Court of Canada
3. Provincial Court of Appeal
4. Superior Court of Justice
5. Ontario Court of Justice