1.To succeed in a negligence claim in tort, the plaintiff must prove all of the following EXCEPT:
- A.The defendant owed the plaintiff a duty of care
- B.The defendant breached that duty of care
- C.There was a written contract between the parties
- D.The breach was the proximate cause of the plaintiff's loss
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Correct answer: C. There was a written contract between the parties
Tort liability arises independently of any contract. The plaintiff must prove a duty of care was owed, the duty was breached, and the breach proximately caused the loss or injury. A contract between the parties is not required.
2.The 'standard of care' owed by a professional engineer is best described as:
- A.Perfection, with zero tolerance for any error
- B.The level of skill and care expected of a reasonable, competent member of the profession
- C.Whatever standard the client writes into the contract
- D.The minimum needed to avoid criminal prosecution
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Correct answer: B. The level of skill and care expected of a reasonable, competent member of the profession
The standard of care is the level of skill and care that a reasonable, competent member of the profession would exercise. Not all errors are a breach of duty, only those that reasonable care would have prevented. It is not perfection and is not set unilaterally by the client.
3.Which of the following is an example of an INTENTIONAL tort rather than an unintentional one?
- A.Negligence in preparing a design
- B.Negligent misrepresentation in a report
- C.Fraud
- D.Failing to exercise reasonable care
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Correct answer: C. Fraud
Fraud (along with trespass and defamation) is an intentional tort. Negligence and negligent misrepresentation are unintentional torts that arise from a failure to take reasonable care.
4.Under the doctrine of vicarious liability, an employer is liable for an employee's negligence primarily because:
- A.The employee always acts without supervision
- B.The employer is presumed to be in a better financial position to compensate the injured party
- C.Employees cannot be sued directly under Canadian law
- D.The employer signed the employee's professional documents
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Correct answer: B. The employer is presumed to be in a better financial position to compensate the injured party
Vicarious liability makes the employer liable for an employee's negligence that causes injury or damage. The purpose is to compensate the injured party, and the employer is presumed to be in a better financial position than the employee to do so.
5.When a defect in an engineer's work is 'latent' (hidden) rather than 'patent', the limitation period for a claim generally begins to run:
- A.On the date the contract was first signed
- B.When the defect is discovered, or when it reasonably should have been discovered
- C.Exactly two years after construction is complete, regardless of discovery
- D.Only after a court has issued a judgment
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Correct answer: B. When the defect is discovered, or when it reasonably should have been discovered
For a latent (hidden) defect, the limitation period starts when the damage is discovered or when it reasonably should have been discovered. For patent defects, noticeable on reasonable inspection, time runs sooner. Engineers can also limit exposure with a contractual time period.
6.Several parties are found liable for a single loss, and the plaintiff is not at fault. Under joint and several liability, the plaintiff may:
- A.Recover only each party's proportionate share, even if some are insolvent
- B.Collect the full damages from any one of the guilty parties, leaving that party to recover contributions from the others
- C.Recover nothing until all parties agree on how to split the loss
- D.Recover only from the party with the smallest share of fault
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Correct answer: B. Collect the full damages from any one of the guilty parties, leaving that party to recover contributions from the others
Under joint and several liability, where the plaintiff is not at fault they can collect damages from any one guilty party, forcing that party to pursue the others for their shares. This protects the plaintiff if some defendants cannot pay. (Several liability applies a proportionate split when the plaintiff is also partly at fault.)
7.Which of the following is NOT a requirement for establishing tort liability?
- A.Duty of care existed
- B.Breach of duty occurred
- C.A written contract existed between parties
- D.The breach was the proximate cause of loss
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Correct answer: C. A written contract existed between parties
Tort liability does not require a contract. The four elements are: duty of care, breach, causation, and proximate cause.
8.Vicarious liability means:
- A.The employee is always solely responsible for their actions
- B.The employer is liable for the negligence of employees acting within their employment
- C.Both parties share equal liability
- D.Only the government can be held liable
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Correct answer: B. The employer is liable for the negligence of employees acting within their employment
The employer is liable for the negligence of an employee that causes injury or damages, as the employer is presumed to be in a better financial position.
9.Liquidated damages are:
- A.Damages awarded by a judge after trial
- B.Pre-estimated damages specified in the contract for non-performance
- C.Damages that can never be recovered
- D.Damages paid to the government
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Correct answer: B. Pre-estimated damages specified in the contract for non-performance
Liquidated damages are pre-estimates of damages that may result from non-performance under the contract.
10.What is the legal principle known as estoppel?
- A.A type of contract clause
- B.A legal principle preventing a party from enforcing strict contract terms after extending a gratuitous promise
- C.A method of dispute resolution
- D.A type of insurance policy
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Correct answer: B. A legal principle preventing a party from enforcing strict contract terms after extending a gratuitous promise
Estoppel prevents a party from enforcing the strict wording of the contract when they have extended a gratuitous promise that puts the other party at a disadvantage.
11.The "but-for" test in tort law determines:
- A.Whether a contract existed
- B.Whether the defendant's actions were the cause of the plaintiff's injury
- C.The amount of damages
- D.Whether the case should go to trial
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Correct answer: B. Whether the defendant's actions were the cause of the plaintiff's injury
The "but-for" test asks: but for the defendant's negligence, would the injury have occurred? It establishes causation.
12.Contributory negligence by the plaintiff results in:
- A.Complete elimination of the defendant's liability
- B.Proportional reduction of damages awarded
- C.Automatic dismissal of the case
- D.Transfer of the case to criminal court
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Correct answer: B. Proportional reduction of damages awarded
When the plaintiff's own negligence contributed to their injury, the court may reduce the damages in proportion to the plaintiff's degree of fault (contributory negligence).
13.Professional liability insurance protects engineers by:
- A.Guaranteeing their work will be error-free
- B.Covering claims of negligence, errors, or omissions in their professional work
- C.Eliminating the need for a standard of care
- D.Preventing clients from filing complaints
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Correct answer: B. Covering claims of negligence, errors, or omissions in their professional work
Professional liability insurance covers engineers against claims arising from negligence, errors, or omissions. It protects the engineer's assets and ensures injured parties can be compensated.
14."Joint and several liability" means that:
- A.Liability is shared equally among all defendants
- B.Each defendant can be held responsible for the entire amount of damages
- C.Only the primary defendant is liable
- D.Liability is determined by a jury
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Correct answer: B. Each defendant can be held responsible for the entire amount of damages
Under joint and several liability, each defendant can be held liable for the full amount of damages. The plaintiff can collect from any one defendant, who must then seek contribution from others.
15.The "discoverability rule" states that a limitation period begins:
- A.From the date of the negligent act
- B.When the plaintiff knew or ought to have known of the injury
- C.When the project is completed
- D.When the engineer's licence expires
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Correct answer: B. When the plaintiff knew or ought to have known of the injury
The discoverability rule starts the limitation period when the plaintiff discovered or should have discovered the injury, not when the negligent act occurred. This is important for latent defects.
16.Negligent misrepresentation differs from fraudulent misrepresentation in that:
- A.It involves written statements only
- B.It does not require intent to deceive
- C.It applies only to engineering work
- D.It cannot result in damages being awarded
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Correct answer: B. It does not require intent to deceive
Negligent misrepresentation involves a false statement made carelessly without reasonable grounds. Unlike fraud, intent to deceive is not required, but the plaintiff must show they relied on the statement.
17.The "ultimate limitation period" in most Canadian provinces is:
- A.1 year from the date of injury
- B.2 years from discovery of the claim
- C.10 to 15 years from the negligent act
- D.Unlimited
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Correct answer: C. 10 to 15 years from the negligent act
The ultimate limitation period is a fixed outer limit (typically 10-15 years from the negligent act) after which no claim can be brought, regardless of when the injury was discovered.
18.The defence of "volenti non fit injuria" applies when:
- A.The defendant was not negligent
- B.The plaintiff voluntarily assumed the risk of harm
- C.The injury occurred in a public place
- D.The statute of limitations has expired
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Correct answer: B. The plaintiff voluntarily assumed the risk of harm
Volenti non fit injuria ("to a willing person, no injury is done") is a defence showing the plaintiff knew of and voluntarily accepted the risk. The defendant must prove the plaintiff's knowledge and consent.
19.An engineer can be found liable in both tort and contract for the same act. This is called:
- A.Double jeopardy
- B.Concurrent liability
- C.Vicarious liability
- D.Strict liability
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Correct answer: B. Concurrent liability
Concurrent liability arises when a defendant can be sued in both tort and contract for the same wrongful act. An engineer's negligent work may simultaneously breach their contract and constitute a tort.
20.The "reasonable person" test for engineers asks whether:
- A.Any engineer could have avoided the error
- B.A reasonable and competent engineer would have acted differently
- C.The engineer followed the client's instructions exactly
- D.The engineer used the most advanced technology available
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Correct answer: B. A reasonable and competent engineer would have acted differently
The test asks whether a reasonable, competent engineer of similar training and experience would have acted the same way in similar circumstances. It is the benchmark for the standard of care.
21.Punitive damages in professional negligence cases are:
- A.Automatically awarded when negligence is proven
- B.Rarely awarded, reserved for outrageous or malicious conduct
- C.Always equal to the compensatory damages
- D.Only available in criminal proceedings
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Correct answer: B. Rarely awarded, reserved for outrageous or malicious conduct
Punitive damages are rarely awarded in professional negligence cases. They are reserved for particularly outrageous, egregious, or malicious conduct and serve to punish and deter.
22."Mitigation of damages" requires the injured party to:
- A.Accept the first settlement offer
- B.Take reasonable steps to minimize their losses
- C.Hire the same engineer to fix the problem
- D.File a claim within 30 days
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Correct answer: B. Take reasonable steps to minimize their losses
The duty to mitigate requires the injured party to take reasonable steps to reduce their losses after an injury. Failure to mitigate may result in reduced damages.
23.An "indemnity clause" in an engineering contract:
- A.Eliminates all liability for the engineer
- B.Requires one party to compensate the other for specified losses
- C.Is always unenforceable
- D.Only applies to government contracts
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Correct answer: B. Requires one party to compensate the other for specified losses
An indemnity clause is a contractual provision where one party agrees to compensate the other for losses arising from specified events. Engineers should review these carefully.
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