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ENGR 413 Chapters 13-16 Test With Complete Solution
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ENGR 413 Chapters 13-16 Test With Complete Solution...
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ENGR 413 Chapters 13-16 Test WithComplete Solution
Can parties to a contract use tort to circumvent the terms of the contract? -
ANSWER No they cannot.
Can tort duties co-exist with contract duties? - ANSWER Yes they can
Define limitation period - ANSWER time in which an aggrieved party can
commence legal action
What is the limitation period for BC? - ANSWER 2 Years
When does the limitation period start? - ANSWER Limitation periods
generally only start to run when the plaintiff could reasonably have known of
their right to bring an action, but in some provinces this rule is modified by
legislation
Define Patent Defect - ANSWER a defect discoverable on a reasonable visual
inspection
Define Latent defect - ANSWER a defect not discoverable on a reasonable
visual inspection
Can there be a shorter limitation period? - ANSWER If statute allows, parties
can agree to a shorter limitation period than that specified by statute
Define Ultimate limitation period - ANSWER which is the period beyond
which no claims can be brought, even for latent defects
What can professionals do to protect themselves against claims? - ANSWER
,Professionals can purchase insurance to protect themselves against claims
made within the limitation period. This is especially important for claims
made by third parties because such claims cannot be limited by contract
Can a plaintiff make a claim if they contribute to the loss? - ANSWER Under
modern statutes, if the plaintiff contributes to the loss, they still have the
right to claim, but the amount recoverable is reduced in proportion to the
plaintiff's contribution to the loss
Define Several liability - ANSWER Each defendant is only liable for damages
in proportion to its contribution to the loss
Define joint and several liability - ANSWER Each defendant is liable for all of
the damages regardless of its contribution to the loss
Define Vicarious liability - ANSWER Liability of one party for the fault of
another. Ex. Employers are vicariously liable for wrongs their employees
commit
What must there be for vicarious liability to exist? - ANSWER there must be
an employer-employee relationship
Are legislated codes mandatory to follow? - ANSWER Legislated codes, such
as building codes, are mandatory for everyone in the relevant industry
What must professionals do related to codes and standards? - ANSWER
Professionals must keep up to date with developments in their field and be
familiar with the latest codes and standards
In relation to codes and standards, what will almost always be a breach of
contract? - ANSWER Violation of codes mandated by law will almost always
be a breach of contract.
, What are the four sets of circumstances where liability can be found? -
ANSWER The first is where the professional has actual knowledge that the
code requirements are inadequate. Second, a professional can be found liable
if he or she reasonably should have been aware that the code was
inadequate. Third, in rare cases, courts have held that an industry cannot be
permitted to set its own standard—and professionals should not follow such
standards where those standards are careless. Finally, where the design is
leading edge or unique, professionals need to be aware that a different
standard may apply. Traditional codes may not be relevant in such
circumstances.
Can professionals be found negligent if they followed the minimum code
requirements? - ANSWER Yes, they can
What are the 4 primary methods of dispute resolution? - ANSWER litigation,
arbitration, mediation, negotiation
What are the voluntary methods of dispute resolution? - ANSWER
Negotiation, mediation, and arbitration may be voluntary
What is the non-voluntary method of dispute resolution? - ANSWER
litigation is only voluntary for the plaintiff
Define litigation - ANSWER Use of the court system to resolve disputes
How does litigation work? - ANSWER An independent party (judge or jury)
decides the case on the evidence presented at trial. The judge controls the
process.
What are the pros and cons of litigation? - ANSWER Pros: a court can enforce
its own orders and processes, sometimes litigation is the only way that a
party can enforce its rights. Cons: the cost, Time consuming, Uncertain: it is
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