01 Ethics Notes.doc
Transcript of 01 Ethics Notes.doc
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THE CONCEPTS OF PROFESSIONALISM
APEGGA MISSIONTo serve society and protect the public by regulating enhancing and providing
leadership in the practice of the professions of engineering geology andgeophysics
APEGGA gives youbull a career
bull an identity
bull status
bull a reputation
bull responsibility
bull protection
Professionalism and professional conduct are defined in terms of a profession and a professional
Profession an occupation characterized bybull high levels of technical competence
bull degree of responsibility inherent in its practice
bull requires the application of mature udgment here decisions are madethat may affect many people
Professional a person recognized to have high levels of technical competenceand the folloing set of attitudes
bull illingness to assume responsibility
bull interest in economic and social aspects of the profession
bull integrity
bull credibility
bull epanding and developing your epertise
bull selfregulation through APEGGA
bull protecting the health and safety of the public
Professional Conductbull competence responsibility and trustorthiness
bull acquiring and maintaining technical epertise
bull application of epertise for others
bull act maturely ith good udgment to benefit society
bull use selfregulation to gain societal trust
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Professionalism a quality control system characterized by service to othershere the quality is controlled by the professionQALIT CONTROL SSTEMS
$elfegulation is the most important part of the professional quality control
system
Formal Administration an Act passed by the government ampAPEGGAampe Governmental Professional Associations
bull government sets entry standards ethical practice and enforces
bull the administration can be transferred to the professional association togive them the legal right to license and punish those ho practice anddetermine themselves hat ethical and competent mean
bull (embership in the professional association is mandatory and you mustpay a yearly fee for a license to practice
Informal Administration services are )T controlled by the governmentampe Employers +nions oluntary Associations or $ocieties
bull The organization itself is in control
PROFESSIONALISM IN OCCPATIONS
The impact of the occupation-s services and level of trust or responsibility gainedby the professionals
evel of responsibility can be udged on the score of the folloing components
bull mpact of the $ervice amp01bull 2noledge amp01
bull 3requency of easoned 4udgments amp01
bull $upervision eceived amp015
PROFESSIONALISM IN THE INIIAL
6haracteristics of a professional arebull competent
bull desire for Autonomy ampdesire to choose independentlybull committed to the Profession
bull ethical
bull commitment to 6ollegial $tandards ampcertification ethical practiceregulation control
bull honest trustorthy and principled
bull s7illful paid
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bull loyal employee ith high ran7 and high quality
CANAIAN PROFESSIONAL EN$INEERIN$ PRACTICE ANETHICS OOamp
CHAPTER Reulation of te Enineerin Profession
Associations use their on provincial Professional Engineering Act to set up andgovern
bull Reulations rules set up to support the Actampe 8ualifications for admission professional conduct
bull $laamps rules to administer the Associationampe (ethods for electing members financial statements committees
bull Code of Etics rules of personal conduct to guide engineers
Engineers regulate their profession by electing the maority of members to the Association 6ouncil amphich also contains members appointed by the provincialgovernment and by voting on the regulations and bylas passed by the council
The Association admits applicants into the profession by registering them asmembers and granting them their license to practice after they meet the folloingrequirements
bull 6itizenship amp6anadian or permanent resident
bull Age amp09bull Education ampmust graduate from a recognized accredited university
bull Eaminations ampPPE
bull Eperience ampevaluated on nature duration currency quality
bull 6haracter
EN$INEERS SEAL
The engineer-s seal means that documents have been prepared or approved bythe person that sealed them
The engineer ho prepared them or supervised their preparation should sealthem not the one ho chec7edlt them Alberta engineers are no permitted tostamp the or7 of others provided that they thoroughly revie the or7 andecept full responsibility for the or7
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EN$INEERIN$ COE OF ETHICS
Each code defines the duties of the engineer to the public employer felloengineers to the profession and to yourself
The purpose of the code is to protect the public from bad engineers
CANAIAN CONCIL OF PROFESSIONAL EN$INEERS (CCPE)
6oordinates the profession on a )ational level using the folloing committeesbull 6anadian Eng Accreditation =oard ampuniversity accreditation
bull 6anadian Eng gtuman esources =oard ampcollect data for profession
bull 6anadian Eng 8ualifications =oard ampqualifications to enter profession
bull 6anadian Eng Public Aareness =oard ampraise aareness
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CHAPTER Enineerin Etics
ETHICAL THEORIES
Mill(s )tilitarianism the best choice in a moral dilemma is that hich producesthe maimum benefit for the greatest number of people ampdemocracy
ant(s Formalism +ut$ Etics- each person has a duty to act ethicallygtappiness is the result of good ill the desire to individually do your duty and follo all the rules
oce(s Rits Etics everyone has rights The right to life human dignityand liberty hich must be recognized by others and not stomped on
Aristotle(s 0irtue Etics choosing the happy mediumlt
COE OF ETHICS
A decision that gives a benefit to you it is a conflict of interest our decisionsmust not only be ethical but must be seen by others as ethical
The codes are statements of general principals folloed by instructions forspecific conduct and emphasize the duties that an engineer has to
bull Societ$ this is the most important Engineers have a duty toprotect the safety health and elfare of society
bull Emplo$ers to act fairly and loyally and to 7eep business confidentialou must also disclose any conflict of interest that may arise
bull Clients
bull Colleaues act ith courtesy and good ill
bull Emplo$ees and Su1ordinates recognize the rights of others
bull Enineerin Profession (aintain dignity and prestige
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bull Oneself payment or7 conditions strive for ecellence and maintaincompetence
CHAPTER 2 Etical Pro1lems of Enineers in Industr$
The employer clearly does not have the authority to direct an engineer to brea7the la The engineer should advise the employer that the action is illegal andrefuse to do it
The employer cannot direct an engineer to violate the code of ethics Theengineer should advise the employer of the section of code and decline to ta7eaction
The employer cannot as7 an engineer to do something that contravenes theengineer-s conscience or moral code The engineer must
bull Gather all relevant information
bull efine the ethical problem
bull Attempt to see the problem from the employer-s point of vie
bull Generate and eamine alternative courses of action
bull 6onsider personal consequences
ETHICAL PROLEMS IN THE INSTR (CASE STIES)
+ ACCEPTIN$ A ETTER O OFFER---
Already accepted a ob a better ob is offered B ee7s laterCC
bull Ta7e the better ob
bull Tell the first ob that she is ta7ing the better ob but offer to pay for recruitmentfees ampcompromise D it ac7noledges ethical duty maimizes benefits
bull 2eep the original ob
+ SEEampIN$ EMPLOMENT ELSEHERE---
or7ed for same company for F years all trained but boredCC
bull f training too7 one year you should or7 there at least 0B years aftertraining so the company can realize its investment
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0+ E1TRA PART2TIME EMPOMENT ON THE SIE---
bull nform the main employer to see if it is 2
bull Employee must sho fairness and loyalty to the employer
bull )o conflict of interest ampno competing on same contractsbull Parttime or7 should not reduce employee-s efficiency for main ob
3+ SHOL EN$INEERS OIN LAOR NIONS---
bull es as long as the engineers are no managers in the company
bull t might be better to inform management of their dissatisfaction ith theirsalaries and negotiate individually or as a group Then see7 legal advice
4+ FALSE EN$INEERIN$ ATA IN AERTISIN$---
The elfare of the general public is the most important
bull nform the engineering manager
bull ecide to or7 for change ithin the company be the histlebloer or quit
5+ ISCLOSIN$ CONFIENTIAL COMPAN INFORMATION---
ou 7no that something is dangerous but you hear of a competitor that is going
to use itCC
bull Tell your employer first and determine the best ay to tell 6ompany =
bull ou must tell 6ompany = about your findings and potential problems tosave the public
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CHAPTER 3 Etical Pro1lems of Enineers in Manaement
bull )nlicensed Personnel using them to carry out professional engineeringor7
bull Misuse of Enineerin Title
bull Re4ieampin 5or and E4aluatin Competence engineers should notunderta7e or be assigned or7 that is not ithin the competence level of theengineer
bull 5or Re4ieamped for Accurac$ engineers have other engineers chec7 theiror7 only ith their 7noledge
bull 5or Re4ieamp to Assess Competence engineers have revies as long asthey are informed that it is happening
bull iscrimination in Enineerin Emplo$ment
Computer Pro1lems security infringement of copyrights incorrecttransmission errors and bugs softare piracy
ETHICAL PROLEMS OF MANA$EMENT (CASE STIES)
+ NLICENSE EN$INEER PRACTISIN$ IN A NE PROINCE---
f you have a valid license from another province you need to apply for a neone right aay in the ne province ithout a valid license in the province youare or7ing in your or7 should be supervised by another engineer
+ OFFENSIE LAN$A$E TO THE P AT THE COMPAN PICNIC---
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ou can-t fire someone for an alternation at a social event There must be arecord of continual insolence and insubordination ou should refuse to fire himin riting and give him a reprimand instead
0+ CONFLICT OF INTEREST---
ou are on a committee that is deciding to revise specifications These revisionsill help out your company and the committee chair-s company but ill ma7e ithard on competitorsou must tell the committee of the conflict of interest
3+ ERRORS IN EN$INEERIN$ PLANS OR SPECS+---
ou notice errors in design hen your role is supposed to be in manufacturing
ou should phone the client and tell him about it and then follo up ith a letterand then proceed ith the fabrication after you get ritten conformation from theclient f the errors may cause harm to the public you must report it
4+ ampEEP PRELIMINAR ATA SECRET NTIL AFTER SHAREHOLERSMEETIN$---
t is ethical to 7eep preliminar6 results secret until the final results are 7non forcertainty
5+ ACCONTAILIT IN A NE O HERE PREIOS MANA$EMENTHAS TAampEN NO ACTION AN NO O ARE ACCONTALE
ou are alays responsible to act ith professional integrity and high ideals
bull 3irst tell the person ho is committing the misconduct nclude thebenefits of dealing ith the situations and the consequences of notdealing
bull Then suggest that together you discuss the matter ith senior
management or the Associationbull 3inally if you have no choice go alone to senior management or get
advice from the Association
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CHAPTER 6 Etical Pro1lems of Enineers in Pri4ate Practice
THE CLIENT 7 CONSLTANT RELATIONSHIP8
The consultant ampengineer is usually hired to monitor an engineering proect li7ethe construction of something This creates a relationship beteen the
contractor ampdesigner or builder the consultant ampengineer and the client amponer
Independent Model The client eplains the problem and hands all decisionma7ing over to the consultant =ad because the client can-t ma7e any choices
alanced Model The consultant ma7es recommendations and provides theengineering advice but the client chooses the path to follo This is the middle of the spectrum
Aent Model The consultant ta7es orders from the client This doesn-t use anyof the engineer-s 7noledge
AERTISIN$ EN$INEERIN$ SERICES
Engineers can only advertise through factual representation ithouteaggerationlt
ou cannot use the engineer-s seal or association-s seal in any form ofadvertising
SE OF THE EN$INEERS SEAL
The Act requires that all final draings specifications plans reports and otherdocuments involving the practice of professional engineering must be datedsigned and sealed
t is not optional to use the seal
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(ost documents state that they ere prepared or ceced and appro4ed bythe person ho sealed them
The seal is legal because it indicates that the person accepts responsibility forthe accuracy of the documents and implies that the person has a thorough
7noledge of the proect to hich the documents relate
o not seal anything that you are not illing to accept full responsibility for
9CHECampIN$ EN$INEERIN$ OCMENTS
Ceced the documents ere prepared by someone under the directsupervision of the person ho signed and sealed them
ou can seal the or7 of others ampnot under direct supervision provided that you
thoroughly revie the or7 and are illing to accept full responsibility
o not assume responsibility for or7 that is beyond your area of epertise or for or7 that you have not thoroughly revieed for accuracy
PREPARATION AN APPROAL
f one engineer prepared the draing and another engineer must approve itthen 1ot seals should appear on it therise only the approving engineershould seal it
f final draings cover more than one discipline then they should be sealed bythe approving engineer ampchief and by the design engineer for each discipline
ETAILE RAIN$S
The engineer generally has responsibility for a proect as a hole and theengineer-s seal must appear on maor reports specifications or draings thatdescribe the proect ou are not epected to seal every draing but they allmust be prepared under the engineer-s control and supervision and you assume
responsibility for all of them hether they are sealed or not
MASTERS AN PRINTS
The master draings must be complete since they are the maor reference fordesign and construction fabrication
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The time to seal a draing is hen it is approved and released for fabrication orconstruction
ou seal te copies7 not te master That ay the prints can be chec7ed formodifications hen sealed
ETHICAL ISSES
Confidentialit$ The engineer has a clear obligation under the code of ethicsto 7eep affairs of the client confidential
Conflict of Interest here the engineer has an interest that interferes ith the
service oed to the client The engineer must disclose any personal interestthat there may be
Re4ieampin te 5or of Anoter Enineer The engineer should be informed hen his or7 is being revieed but it is not necessary to receive permission todo so The elfare of the client or the general public must come before thepersonal ishes of the engineer
Supplantin 6onvincing the client to fire their engineer and hire you instead isunethical
reac of Contract ampcivil liability a failure to complete the obligations specifiedin a contract ou can get protection for this ampliability insurance
Nelience ampcivil liability a failure to eercise due care in the performance ofengineering There is NO protection for this
ETHICAL PROLEMS OF EN$INEERS IN PRIATE PRACTICE (CASESTIES)
+ ORampIN$ AN OTIN$ ON PLANS FOR A STREET-----
ou cannot vote on hether a proect should be accepted if you are involved inbidding on the proect ou must disclose your involvement and abstain fromvoting and participating in the decision ma7ing process
+ ENORSIN$ A PROCT ON T---
t is seen as unprofessional and a conflict of interest
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0+ LE$AL SETTLEMENT AN EIN$ PAI ON THE OTCOME---
As an epert itness you are giving your professional opinions The amount youma7e ampcontingency ill be dependent upon the outcome of the case Getting
paid this ay is a conflict of interest since there is personal benefit based on theoutcome ou should accept a flat rate fee
3+ ORI$INAL SEALE RAIN$S CHAN$E INSPECTION---
ou don-t sign and seal the originalConly the copies so that modifications areevident f the proect isn-t to original specifications the calculations must bedone from scratch and nothing is to be done until they are complete
4+ RECIN$ OR FEE IF THE OECT HAS ALREA EENESI$NE FOR SOMEONE ELSE EFORE---
Establishing fair and reasonable fees depends on
bull evel of 7noledge and qualifications required
bull ifficulty and scope of the assignment
bull esponsibility that the engineer must assume
bull +rgency ith hich the or7 must be completed
bull Time required
ou should not loer your price to produce a similar design for 6lient = but if
6lient A anted a second building that as the same as the first then a smalldeal could be made
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CHAPTER 89 Te Enineer(s ut$ to Societ$ and te En4ironment
T TO SOCIET8
ou must put the greater good of society ahead of personal gain
The to environmental problems that have accompanied the industrialization ofour society
bull Proliferation of MacineMade Haards +sing highays aircraftnuclear poer toic chemicals more often ma7e it more dangerous
bull eradation of te En4ironment The lifestyle of industrialized nations
requires a high energy usage to maintain it The consumption of fossilfuels and the careless disposal of aste has deteriorated the environment
o 5aste isposal
o Air Pollution SO2 ndash from coal combustion (London) NO x ndash cars (LA) CO
Photochmical oxidants (sun) oon PAN Proxactl
nitrat
o Acid Rain
$amp harmful to fish at amp
o 5ater Pollution
isascausin+ bactria
Or+anic ast dcain+ in th atr
-rtilirs
oxic matrials ( PC) Acidification
0ast hat
A+ricultur ndash ind carris sticids salt frtilirs and
nitro+n to th atr
o Glo1al 5armin and Oone epletion +Greenouse Effect-
CO2 C$ NO2 O1 Chlorofluorocarbons
o Ener$ Conser4ation and Nuclear Poamper
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o Eponential Population Groampt
The good of society is determined on a utilitarian basis D creating the maimumgood for the maimum number of people
=efore reporting an incident to the Association
bull Informal Resolution 3irst the engineer should try to resolve problemsinformally and internally in an open and professional manner
bull Confidentialit$ f it is necessary to report a situation never report it to thepublic or media Alays report it to the Association or proper regulatory body
bull Retaliation ou cannot be fired for reporting a situation ou can file alasuit to recover lost ages and costs
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CHAPTER 88 Enineerin Case Histories
+ THE QEEC RI$E ISASTER
pened in 00 the longest cantilever span in the orld
=ridge as redesigned ith a larger span and the dead eight calculations erenot redone
Then there as a material failure in a bearing casting that temporarily supportedthe central span hile it as being transported and lifted into place
essons earnedbull ou have to have enough money to pay all the people to do their obs
properly for large proects before you start them amp(r 6ooper as not paid nearlyenough to do the etra or7 to redesign nor as he really competent
bull gtire capable competent professionals ampnot old or sic7 that can-t visit the construction site
bull 6learly define duties authorization and responsibility of professionalpersonnel
bull iscuss all design decisions and technical problems openly and listenreceptively amp3or F ee7s the chief engineer tried to contact 6ooper about the strangebending of some steel parts and recommended some changes be madeC6ooper didn-tlisten
bull evie details especially engineering design calculations amp6ooper did not redothe calculations for dead eight after he changed the length of the structure
bull (onitor or7 on the site adequately amp6ooper as too old and sic7 to monitor any ofthe building or fabrication
bull
Ensure that communication is rapid and accurate ampt too7 F ee7s for the chiefengineer to reach 6ooper ith his concerns
bull Provide adequate support staff for good money
+ THE ANCOER SECON NARROS RI$E ISASTER
4une 0H9 to spans of the cantilever bridge collapsed
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t as caused by the faulty design and eventual collapse of a temporary toersupporting the partially completed bridge
The additional time and material needed to reconstruct the damaged portions ofthe bridge
essons earned
bull 6onsulting engineers should recommend alloable stresses for temporaryconstruction support structures
bull The contractor should be required to submit all construction plans andcalculations for approval prior to construction
0+ THE ESTRA MINE ISASTER
(ay th 0B mine ble up and 7illed BI miners
The floor roof and sides of the road should have been cleared and treated ith
stonedust and proper ventilation procedures should have been folloed despitedelayed production
essons earned
bull Production demands resulted in the violation of basic and fundamental safemining practices
bull (anagement ignored or encouraged many hazardous and illegal practicesincluding 0Bhour or7 shifts improper storage of fuel refueling vehiclesunderground using nonflameproof equipment
bull The methane gas from the coal needed to be properly ventilated out of themine
bull Proper permits and changes to the mine plans ere not approved by theproper authorities
bull ritten orders to stonedust and to clean up the mine ere not folloed
3+ THE LO$EPOLE ELL LOOT
ctober 0Jth 0B a sour gas Amoco ell ble out and they could not get itbac7 under control
The initial 7ic7 occurred primarily because drilling practices during the ta7ing ofcores ere not folloed and this combined ith the marginally adequate muddensity used permitted the entry of reservoir fluids into the ellbore
They lost control of the ell and then it started on fire from some (us7eg thatas burning underground
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There ere also some equipment failures that attributed to not being ale tocirculate the 7ic7 out quic7 enough
essons earned
bull Amoco did not apply the necessary degree of caution hile carrying outoperationsbull )eeded to be fully prepared in the event of a fluid influ
4+ THE RE21 MININ$ FRA
The samples had been saltedlt D adding minerals li7e gold here none eist
essons earned
bull The chief geologist had a responsibility to sho due diligence in safeguardingthe core samples and ensuring that the gold assay as properly done Thatthe gold content based on the samples as accurately calculated and thatthe doublechec7s ere made to confirm the results
bull This emphasizes the critical dependence of the mining and resourceindustries on professionals ith high ethical standards
5+ THE CHALLEN$ER SPACE SHTTLE E1PLOSION
n 4anuary B9 09I the accident as caused by hot gases bloing past one ofthe seals in the roc7et boosters The seal had been unable to do its ob properlybecause of the unusually lo temperature in 3lorida on the day of the launch
The manufacturer of the boosters had this information but had decided to goahead ith the launch anyay
essons earned
bull n an enormously large organization it is easy for decision ma7ing to fall
through the crac7s
bull t is very easy for engineers to fall into the comforting belief that they arefolloing a conservative course hen in fact they are deviating intodangerous territory
bull isasters are easy to create D safety comes hard
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lt+ THE C2= PASSEN$ER AIRCRAT ISASTER
n 0JB a cargo door latch failed and the door ble out of a 601 over indsor) and the eplosive decompression of the cargo compartment caused part of
the cabin floor to collapse
This opened a large hole in the bottom of the fuselage and severed most of thehydraulic lines hich caused the loss of control of the rudder and aileronsEveryone landed safely that day
n 0JK another 601 over Paris lost its cargo door The decompression ofthe cargo compartment again caused the cabin floor to collapseL control of theailerons and rudder ere lost and the plane crashed 7illing FKI people
essons earned
bull The 3AA failed in its role of safety atchdog t certified the cargo doordesign in spite of the failure during the ground test Then after the neardisaster over indsor they merely advised the airlines to follo themanufacturer-s service bulletin rather than issuing a directive that ould haverequired all 601-s to be retrofitted
gt+ TO1IC POLLTION8 LOE CANAL MINAMATA HOPAL SR
mproper disposal of toic or environmentally harmful aste
Loe Canal Ne or 7 ioBin
bull n 0HF gtoo7er 6hemical 6orporation dumped over 09111 tons of chemicalaste including dioins until the canal as flat land again
bull Then they donated the land to the =oard of Education but said nothing aboutthe chemicals buried there
bull Eventually the chemicals ere discovered in 0JI and the area asevacuated and treated
bull Total cost of the cleanup as MBH1 million and gtoo7er asn-t liable for any ofit because of their contract hen they donated the land
Minamata a6 apan 7 Mercur6 Poisoninbull n 0FB the 6hisso 6ompany a nitrogen fertilizer company began producing
acetaldehyde (ercury as needed as a catalystbull uring the production process a portion of the mercury as lost D ashed
into the =ay ith the aste aterbull The organic mercury as absorbed by the shell fish and eventually eaten by
people
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bull =y 0IB it as estimated that about B11 people had contracted (inimatadisease
Dopal India 7 MetD6l Isoc6anate
bull n 09K a poisonous cloud of methyl isocyanate gas escaped from the +nion
6arbide plant 7illing thousands of people up to I 7m aaybull The incident happened hen a or7er as cleaning a pipe ith ater and the
ater mied ith the chemicals and over pressured the tan7s causing them torelease the gas
Sudur6 Ontario 7 SulpDur ioBide
bull )ic7el that is mined in ntario is in the form of sulphied ore and cannot be
directly converted into metallic form t must first be smelted D burned toremove the sulphur hich is done in huge open roastslt hich emitted huge
toic clouds of sulphur dioidebull $ulphur ioide hen dissolved in ater became acid rain
bull This devastated the area around the plantL trees are stunted and sparsela7es have no fish no bird life
bull $ince then about F111 hectares have been reclaimed
essons earned
bull Each of these incidents involves ignorance carelessness or incompetenceand most involve an arrogant lac7 of ethical action
bull6onsequences of negligence can be terrifying
+ NCLEAR SAFET
TDree Mile Island
(arch B9 0J a routine maintenance operation a pressure valve stuc7 openalloing radioactive ater to escape from the system for more than B hoursleaving the reactor core partially uncooled
(ore than 0F of the reactor core had melted and fallen to the bottom of thereactor vessel Than7 goodness the molten mass did not burn through thebottom of the reactor to penetrate the ground ater table ampin a cynical version ofthis story the molten mass continues to burn through the interior of the earth untilit emerges in 6hina ampThe 6hina $yndrome
t as not a disaster for the public but the unit as destroyed and the cleanupcost nearly M0 billion
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CDerno6l
April BI 09I reactor number K eploded releasing a huge cloud of radioactive
plutonium cesium and uranium dioide into the atmosphere
Accident occurred during a lopoer test =ecause of the design during loerpoer the ater in the core decreases
To date the number of related deaths is beteen J11101111 They aiteddays even ee7s to admit that it had eploded and they too7 even longer toevacuate the peopleessons earned
bull The possibility of disaster might be very small but it is not zero
bull $uch responsibility should never be treated casually
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CHAPTER 8 Product Safet$7 ltualit$ and ia1ilit$
NE$LI$ENCE AN LIAILIT
Engineers are liable for negligent incompetent or careless acts that result indamages to others including the employer
Engineers are required to use reasonable care established practices and elltested engineering principles
Nelience an act or omission that constitutes a failure to maintain thestandards that a reasonable and prudent practitioner ould maintain in thecircumstances
ITH A CONTRACT8
bull )egligence incompetence or carelessness may be a basis for a lasuit overbreach of contractlt
bull t is good practice to consider all reasonable ays in hich an agreementmay go rong foresee damages and include clauses that specify bonusesfor good results or limits to liability
ITHOT A CONTRACT8 (driin)
bull (ay result in legal liability based on tort la ampinuries or damages
bull To in a claim under tort la the plaintiff must prove
o that the defendant had a duty of care to the plaintiff
o that the defendant breached that dutyo that the loss or damage as a direct result of the defendant-s breach of
duty
iability insurance is a ise investment t is essential for manufacturers thatemploy engineers because of
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0icarious ia1ilit$ the engineer-s employer is liable for any loss or damagethat results from a tort caused by an employee The engineer is protectedfinancially but not from disciplinary action by the Association
PROCT ARRANTIES
5ARRANT= applies to goods and products
bull Epress 5arranties promises that the product has a certain quality or itill perform for a certain period of time
bull Implied 5arranties unstated promises that eist as a matter of common
sense A certain amount of quality or function that is epectedltSTRICT LIAILIT
Product defects and consumer safety the focus is on the product itself and noquestions of negligence arise
A manufacturer may be strictly liable for any damage that results from the use ofhis product even though the manufacturer as not negligent in producing it
G)ARANTEE applies to services and agreements
AICE TO ESI$N EN$INEERS TO AOI PROCT LIAILITIES
bull Formal esin Re4ieamps conceptual feasibility and finalbull Codes and Standards adhere to all government industry and company
standards and codesbull Stateofteart esin Metods ma7e choices that lean toard safety
bull Formal Haard Anal$sis identify hazards try to prevent or eliminate actionplan remedial action
bull Formal Failure Anal$sis 3ailure (odes and Effects Analysis amp3(EA and3ault Tree Analysis amp3TA
bull esin Records 2eep good design records to shoe planning for safety
AICE TO MANFACTRERS
bull ltualit$ Assurance and Testin $ 111
bull Instruction7 5arnin and aner Sins f dangers do eist plan forproper signs to give arnings of danger
bull Instruction Manuals Any product that is dangerous should come ith aservice or instruction manual
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bull 5arranties7 isclaimers and oter Pu1lised Material evie allinformation ith the design engineer and by a products liability layer
bull Consumer Complaints nvestigate claims quic7ly to fi problems early
bull Customer Records gtave good records in case of a recall
OTAININ$ CANAIAN STANARS
6hec7 ith the $tandards 6ouncil of 6anada amp$66 They promote efficient andeffective standardization in 6anada
The $66 manages the )ational $tandards $ystem amp)$$ The )$$ ritestandards certify products test products and register quality systems ofcompanies amp$ 111
The $66 coordinates the 6anadian contribution to $ ampnternational
rganization for standards and E6 ampnternational Electrotechnical 6ommission
ISO === 7 QALIT MANA$EMENT AN QALIT ASSRANCESTANARS
t is a standard for effective management of a manufacturing corporation in orderto maimize the quality of the manufactured products
A 7ey part of the process involves the development of a ualit 3anual thatdocuments the four 7ey aspects of the certification process
bull quality policies for every aspect of the corporation-s operationsbull quality assurance procedures
bull quality process procedures
bull quality proof
ISO 3=== 7 ENIRONMENTAL MANA$EMENT SSTEMS
The process requires the company to eamine every function of its operationsith the goal of identifying activities ith a significant environmental impact andcommitting the company to preventing pollution in all of its many forms
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CHAPTER 8gt isciplinar$ Poampers and Procedures
EFINITION OF PROFESSIONAL MISCONCT
Each Association has the poer to prosecute people ho unlafully practiceprofessional engineering and to discipline licensed engineers ho are guilty ofprofessional misconduct or incompetence
The provincial Acts typically identify I causes for disciplinary action
bull Professional Misconduct Any conduct detrimental to the best interestsof the public or that harms or tends to harm the standing of the profession
generally as unprofessional conduct ampor an act that ould reasonably beregarded as unprofessional
bull Incompetence a lac7 of 7noledge s7ill udgment or disregard for theelfare of the public that demonstrates the member is unfit to carry out theresponsibilities of a professional engineer
bull Nelience carelessness or carrying out or7 that is belo the acceptedstandard of care or performance
bull reac of te Code of Etics
bull P$sical or Mental Incapacit$ this is included as a definition ofincompetence
bull Con4iction of an Offense isciplinary action against a member ho isguilty of an offense that is relevant to the member-s suitability to practice
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ISCIPLINAR PROCESS
hen a complaint of negligence incompetence or professional misconduct ismade against a licensed professional engineer it sets in motion a Fstageprocess of
bull Gathering nformationbull Evaluating the 6omplaint
bull 6onducting a 3ormal gtearing that enders 4udgment
Stipulated Order A simpler form of disciplinary hearing for less serious casesThe decision of guilt or innocence is decided by one representative and the resulthas no appeal process =oth parties agree to the outcome
f a member or licensee should be found guilty the iscipline 6ommittee can
bull suspend or revo7e your licensebull impose restriction on your license
bull require the member to be counseled or reprimanded
bull ma7e you pay cost of investigation or hearing
bull ma7e you rite eams or ta7e courses
bull impose up to a M01111 fine
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CHAPTER 8 Maintainin Professional Competence
Engineers have the privilege of selfregulation a privilege accompanied by acorresponding duty to maintain competence and avoid professionalobsolescence
The process requires engineers ampand engineering corporations to maintaincompetence by
bull enineerin practice or emplo$ment
bull formal education amp+niversity or Association courses
bull informal education ampshort courses or seminarsbull pu1lications
bull participation in enineerin societies
bull 1encmarin ampcomparing your practices against best practices
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CHAPTER 8 Enineerin Societies
The maor purpose of engineering societies is to encourage research into netheories or methods to collect and classify this ne information and todisseminate it to members so that it can be put to good use
The difference beteen an association and a society is that the Associationregulates professional behavior and the $ocieties disseminate engineeringinformation $o you should be a member of both
$ocieties have been established by groups of engineers hose commoninterests are based on
bull discipline
bull product
bull facility
bull evaluation
bull function
bull environment
bull language
bull geographical area
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THE CONCEPTS OF PROFESSIONALISM
PROFESSION
bull A learned calling ith specialized 7noledge
bull Performs services ith advanced 7noledge s7ill and udgment in hich
the public trusts
bull gtas public obligation and performs services in the general public interest
bull s bound by an ethical code in its relationship ith the public clientsemployees and colleagues
bull Accepts responsibility to regulate professional members and professionalservices provided to clients and the public
Engineering is a profession that is selfo4ernin and has the authority todiscipline members ho fail to comply ith proper standards of practice andconduct
The engineering profession is
bull highly organized
bull minimum standards of admissionbull regulate the activities of their members amps7illed practice and ethical conduct
bull promote the advancement of 7noledge
Professionals depend on the confidence ofbull the client or employer
bull the public
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ECEENCE
A shared commitment ith your peers to strive for ecellence
ETHICS
Ethics deals ith voluntary actions ta7en by an individual ith sufficient7noledge of options available
The COE OF ETHICS shapes the practice in to important aysbull provides a commonest of values hich offers a reliable professional
product to the public
bull professional relationship of trust ith the public is fundamental
APE$$A COE OF ETHICS
Professional Engineers shall recognize that professional ethics is founded uponintegrity competence dignity and devotion to service
8 P En sall old paramount7 te ealt7 safet$ and ampelfare of te pu1lic and en4ironment
bull They have an obligation to report conditions hich present an
immediate threat to safety health elfare or the environment
bull t should first be reported to the professionals involved then to
corporate or regulatory authorities
PEn sall undertae onl$ ampor tat te$ are competent to perform 1$teir trainin and eperience
bull Professional members should ensure to the best of their ability thatstatements on engineering matters attributed to them properly reflecttheir professional opinion
Stampin and Sinin ocuments8
bull Professionals shall only stamp and sign documents that they haveprepared or that have been prepared under their direct supervision andcontrol
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bull hen or7 is prepared by others they shall only stamp and sign afterhaving thoroughly revieed the or7 and accepted responsibility for it
bull Engineers ho apply their seals or stamps to reports plans or otherdocuments are stating that they understand and are in agreement ith
these documents
bull The absence of a seal or stamp does not necessarily indicate that aprofessional member has not revieed the document not does itrelieve the member from professional or legal responsibility if it can beshon that he or she as involved ith the or7
B P En sall conduct temsel4es ampit interit$7 onest$7 fairness ando1ecti4it$ in teir professional acti4ities
bull A client-s or employer-s interests should be held in high regard gtoeverthe folloing duties ta7e precedencelt
o duty to protect public safety
o duty to the professions under the 6ode of Ethics
o duty to act fairly to all parties hen administering a contract on
behalf of a client or employer
bull Professionals should 7eep confidential all information that is acquired inthe course of their professional duties and that concerns the businessaffairs of present or past clientsemployees
gt PEn sall compl$ ampit applica1le statutes7 reulations and 1$laamps inteir professional practice
bull Professionals should maintain adequate 7noledge of the la relating totheir area of practice
bull esponsible n4ironmntal mana+mnt comutr softar anddiscrimination are a fe of the subects covered under this ule
PEn sall upold and enance te onor7 dinit$7 and reputation of teir professions7 and te a1ilit$ to ser4e te pu1lic interest
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bull Advertisements proposals and presentations should be factual clearand dignified
bull A professional should be careful to give due credit to others
bull nly revie the or7 of another professional hen they have beeninformed unless there is a confidentiality agreement to the client
bull gtelp ET-s
APE$$A COE OF ETHICS
0 P Eng shall hold paramount the DealtD safet6 and elfare of tDe pulic and enironment
B PEng shall underta7e only or tDat tDe6 are competent to perform bytheir training and eperience
F P Eng shall conduct themselves ith interit6 Donest6 fairness and
oGectiit6 in their professional activities
K PEng shall compl6 itD applicale statutes reulations and 62las intheir professional practice
H PEng shall uphold and enhance the Donor dinit6 and reputation of their professions and the ability to sere tDe pulic interest
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COPRI$HTS
9RiDt to cop6
nly the oner of the or7 is alloed to reproduce the or7 or permit others tocopy it
Plaiarism is copying someone else-s or7 and claiming it as your on
Fair ealin +se or reproduction of or7 for private study research criticismrevie or nes reporting
Cop6riDts appl6 to8bull iterar$ ampors boo7s poems pamphlets computer programs
bull ramatic ampors films videos plays scripts
bull Musical ampors compositions ampords and music
bull Artistic ampors paintings draings maps photos sculptures architects
Also to8bull Performer(s performances actors musicians dancers
bull Communication Sinals broadcasters
bull Sound Recordins
6opyright is restricted to the epression in a fied manner amptet recordingdraing of an ideaL it does not etend to the idea itself
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3acts ideas and nes are all considered public property
6opyright does apply tobull $ong
bull )ovel
bull Playbull (agazine article
bull 6omputer program
bull ideo 6assettes (ovies
6opyright does NOT apply tobull $ong titlebull Plot ideabull Play of gtamletbull 3acts in an articlebull )ame of a computer programbull (a7ing a copy of a musical tape amproyalties have been paid already
bull 6opies for educational institutions ampcan 7eep radio and nes tapes for 0 year
bull )onprofit libraries archives and museumshen you create a or7 you automatically have copyright protection providedthat at the time of creation you ere a 6anadian 6itizen or a resident in a countrythat participates in 6opyright rules
Autorsip The person that creates the or7
Oampnersip f you are the creator of the or7 you on the copyright f you
create a or7 hile employed the copyright belongs to the employer ou canlegally transfer your rights to someone else then they on the copyright
uration 6opyright ampintellectual property lasts for the life of the author N H1years
Moral Rits Even if you sell your copyright you still retain moral rightsltThis means that no one including the person ho ons the copyright candistort mutilate or modify your or7 ampchange the ending use for a commercial etc
(oral rights eist for the same length as the copyrightou cannot sell or transfer your moral rights but you can aive them
RE$ISTRATION OF A COPRI$HT
ou do not have to register a copyright to have protection in 6anada
f you choose to register ith the copyright office you receive a certificate hichcan be used to your advantage if your or7 is infringed t is evidence that it is
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your or7 and you are the oner n a dispute you do not have to proveonership
ou send the application to the 6opyright office and you do not send your or7in ou may need to send a copy to the )ational ibrary of 6anada but the
6opyright office doesn-t revie your or7 at all
There is no requirement to mar7 your or7 under the 6opyright Act ou canmar7 it li7e this
)ame ear copy e 4ane oe 09I copy
ou can use this format even if you have not registered your or7
The 6opyright ffice is not responsible for ensuring that your copyright is notbeing infringedCCthis is your ob ou have to launch legal action yourself and
the courts are left to decide
Assinment As the oner you may decide i4e up part or all of $our rits toanother party The assignment may be for the hole term or for ust a certainpart of the term
icense ou as the oner give someone else permission to use your or7 forcertain purposes and under certain conditions but you still retain onership oudo not i4e up $our rits
Ro$alties (oney paid to the copyright oner as commission for sales of theiror7 or permission to use them
Tariffs $et fees that users must pay for using certain copyright material
Collecti4es an organization that collects royalties on behalf of its members
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TRAEMARampS
A trade2mar is a ord symbol or design to distinguish the products or servicesof an organization or person from others t can also represent a reputation
Ordinar$ Mars ords or symbols that distinguish your product or service ampe Giddy+p
Certification Mars identify ares or services that meet a defined standardThey are oned by one person but licensed to others to identify ares orservices hich meet a defined standard ampe oolmar7 APEGGA seal
istinuisin uise identifies the unique shape of a product or its pac7ageampe eggs Egg
A trade name is the name under hich you conduct your business The tradename can be registered under the Trade(ar7s Act only if it is also used as aTrademar7 ampto identify products or services
RE$ISTERIN$ A TRAE2MARamp
The Reistered Trade2Mar is one that is entered on the Trademar7s registerou are not required to register your trademar7 if you use it for a certain lengthof time you can establish onership by 6ommon a
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bull egistration of your trademar7 gives you the eclusive right to use the mar7across Canada for 8 $ears then you have to rene it
bull t is recommended that you register your Trade(ar7 in case someone elsetries to use it
bull f you fail to use the mar7 for an etended period your registration may becancelled
bull ou can register a trademar7 by filing an application for registration ith theTrademar7s ffice our trade2mar must e used in Canada efore itcan e reistered+
RE$ISTRATION QALIFICATIONS
bull 6annot be primarily your full name or surname ampunless you can prove it is already
identified
bull ou may not register a ord that clearly describes a feature of the product orservice ampseet uicy
bull The ord cannot be clearly misleading ampdeceptively misdescriptive ampe sugarseet if it has no sugar
bull ou may not register a ord that clearly designates the place of origin of theproduct or service or if it misleads the public into thin7ing that the productcomes from there ampParis 3ashions Atlantic 6od but you can use )orth Pole =ananasbecause no one ould epect them to come from there
bull ou can use a disclaimer statement indicating that you are not claimingeclusive rights for certain ords appearing in the trademar7 n this ayyou can use clearly descriptive ords hich are unregisterable on their onampce 6ream in =ob-s ce 6ream
bull )ames of products in other languages cannot be registered ampurstlt is Germanfor sausage
bull 6annot be registered if it consists or a plant variety denomination
bull ou cannot use ords symbols sounds or ideas that are confusingly similar
to a registered trademar7 or a pending mar7 amp2ing og 3ood and 2ing 6at 3oodould be refused
bull ou cannot register a trademar7 that resembles certain official symbolsunless you have the consent of the authority in question
o fficial government symbols
o 3amily coats of arms
o =adges and crests or 6(P
o Emblems and names of ed 6ross or +)
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o 3lags of other countries
o $ymbols of provinces
=efore you try to register your trademar7 do a search and include trade namesas ell
After you have a registered trademar7 to 7eep it you mustLbull Pay the registration fees every 0H years
bull +se the trademar7 in 6anada or it ill be epunged
Assinment to sell or transfer your rights to a trademar7 to another party
Marin ReDuirements The Trade(ar7s Act does )T have anyrequirements but many oners indicate their registration through the folloingmar7s
983214 O registered trademar7
991522 O trademar7$( O service mar7
The Trade(ar7 ffice ill prevent anyone else from registering your trademar7but it is your responsibility to monitor the mar7etplace and ta7e legal action ifsomeone is using your trademar7
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PATENTS
A patent is
bull A document protecting the rights of the inventor
bull A repository of useful technical information for the public
The idea is to promote the sharing of technological information hile giving you amonopoly on your creation
ith a patent the government gives the inventor the right to eclude others fromma7ing or selling your invention
The invention is protected from the day the patent is granted to a maimum of =6ears after the day you filed your application
The Patent ffice then epects you to provide a full description of your inventionso that all 6anadians can benefit from this technology They allo your
application to be open gt montDs from the filing date during the con4ention priorit$ date
Patent applications are made pulic gt montDs after the 6anadian 3iling ate
ou must obtain a valid patent ithin 8 $ear of main te product pu1lic
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A 6anadian patent is only etended throughout 6anada ou must apply forpatent rights in other countries separately
t is important to 7eep your invention secret until your first patent application isfiled in order to preserve your rights to file later in most foreign countries
3or an invention to be patented it must be
bull NO0ET= 3irst in the orld
bull )TIIT= 3unctional and operative
bull INGEN)IT= $ho inventive ingenuity and not be obvious to someones7illed in that area
The folloing items are patentable
bull Product ampdoor loc7
bull A composition ampchemical composition li7e lubricant
bull An apparatus ampmachine to ma7e door loc7s
bull A process ampmethod
bull An improvement on any of these
The idea alone is not patentable t must be reduced to something physical
ou CANNOT patentbull A scientific principle
bull An abstract theorem
bull An idea
bull A method of doing businessbull A computer program
bull A medical treatmentn 6anada patents are given to the first inventor to file an application
f you invent something hile or7ing for an employer on the employer-s timeith the employer-s materials at the epense of the employer the inventionrights still belong to you unless you have been hired by the company to inventpatentable inventions
PATENT APPLICATION
+ $et a Patent Aent
+ Preliminar6 SearcD
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bull ou can do a preliminary search in the online database or visit the Patentffice in person
0+ Preparin tDe Patent Application
bull A patent application must consist ofo a1stract ampbrief description
o specification ampclaims and boundaries of protection
o draampins
3+ File 6our Application4+ Reuest eBamination5+ EBaminer does searcD and approes or oGects+lt+ Respond to an6 oGectionsgt+ Patent ranted or oGected+
CONENTION PRIORIT
(any countries belong to the Paris 6onvention for the Protection of ndustrialProperty
This treaty allos you to invo7e convention prioritylt hich means that your filingdate in one member country ill be recognized by all others provided you file inthose countries ithin the first year
ampe if you file in 6anada in 4anuary B111 you could file up to one year later in most countriesamp4anuary B110 and still receive the same rights as if you filed in B111
PATENT COOPERATION TREAT (PCT)
t provides a standardized international filing procedure for foreign patents hichis shared by our principal trading partners including the +$ 4apan and mostEuropean countriesou may file for a patent in as many as 01I member countries through a singleapplication filed in 6anada
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INSTRIAL ESI$N
An Industrial esin is the features of shape configuration pattern or ornamentapplied to a finished article made by hand tool or machine ampappealing to the eye
There is no time limit for filing an application as long as the design has neverbeen published ampmade public to anyone
ou must file ithin 6ear of going public ith your design or you ill lose youreclusive rights to the design
The advantage of registering your industrial design is that it gives you eclusive
right to your design for up to = 6ears from tDe date of reistration
+nless you register your design you can ma7e no legal claim of onership andhave no legal protection from imitation
nly the proprietor ampcreator of the design may obtain registration unless youhave been hired to develop a design Then the hirer is the proprietor
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Trade Secret industrial 7noho or valuable information acquired by abusiness t could be a
bull formula
bull pattern
bull device
bull compilation of info used to give you an advantage over the competitors
ou cannot registerbull That don-t have visual appeal
bull 3eatures that are hidden from vie or too small to appeal to the eye
bull A method of construction
bull An idea
bull (aterials used in construction
bull 3unction of an article
bull 6olor
ESI$N RE$ISTRATION
The application ill includebull Application forms ampdescription
bull At least one draing or photograph
bull 3ees
The process ill include
bull nitial processing
bull Eamination
bull egistration
ou do not have to mar7 your design in order to indicate that it is registered butmar7ing it gives you etra protection
As proprietor you may ta7e legal action against anyone ho infringes on yourdesign in 6anada but you must ta7e action ithin F years of the incident
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An 9assinment occurs hen you sell all or part of your rights in the designpermanently to another party
ou can 9license another user to allo someone else to use your design but
you still retain onership
To have your design protected in other countries you must apply separately ineach country
ou have 5 montDs to file for 9conention priorit6+ampe you apply to register in 6anada in 4anuary B111 then you have until 4uly B111 to file in other 6onvention countries and receive the same rights as if it ere 4anuary B111
LA FOR PROFESSIONAL EN$INEERS OOamp
CHAPTER 8 Te Canadian eal S$stem
The legal system of 6anada is based on the English common2lalt system andthe English courts of euit6lt system ampudgemade la and is calledCOMMON2LAlt
The 3ederal 6ourt of 6anada has urisdiction over federal matters such aspatents trademar7s and copyrights
Pu1lic aamp deals ith the rights and obligations of government ampcriminal and6onstitutional la
Pri4ate aamp deals ith the rights and obligations of individuals or private organizations ampCONTRACT AN TORT LA
Termsbull itigation lasuit
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bull Plaintiff party bringing the actionbull efendant party defending the actionbull Appellant party appealing the decisionbull espondent party see7ing to uphold a decisionbull Privity of contract legal relationship beteen parties to a contract
bull 6reditor party to hom an amount is oingbull ebtor party that oes an amount to creditor bull $uarantee A guarantees = the debt of 6omp amphen = doesn-t get paid
= goes to 6omp first then to A
bull Indemnification a promise to directly compensate or reimburseanother party for a loss or cost incurred f Aindemnifies = the debt of 6omp amphen = doesn-t get paid =goes directly to A
CHAPTER usiness Oraniations
Sole Proprietorsip an individual carries on business by and for himself andalso enoys the profits and incurs any losses personally
Partnersip an association of persons ho conduct business in common ith avie to profit ndividuals or organizations share profits and losses
Corporation an entity unto itself distinct from its oners ampfictitious personThe corporation itself ons its assets and incurs its on liabilities
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CHAPTER B International Considerations
t is etremely important to obtain advice from an appropriately eperiencedlayer in the foreign country or have the advice of a consultant in that countryt is ise to purchase political ris7 insurance and to use careful udgment together ith a local influential partner
$ome potential ris7s of or7ing internationally are
bull Political Ris is one of the more obvious ris7 factors in or7inginternationally The 6hanges in government can lead to significant policychanges
bull Licensin reuirements and obtaining necessary permits and approvalsin a foreign country under different legal systems can be timeconsuming
bull Financial Riss due to currency echange and controls or restrictions onthe transfer of funds out of the country
bull Contract documents and forms used on proects may be different
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CHAPTER gt Tort ia1ilit$
Tort8 generally refers to a private or civil rong or inury one that involvesnegligence and that may arise independently of contract ampcar driver and victim
amphich includes financial loss hen based on a professional-s opinion
The fundamental purpose of tort la is to compensate ictims of tortsPunishment of negligent rongdoers IS NOT a purpose of tort la
Professional liability insurance should provide protection if an engineer-snegligence results in damage arising in tort
n order to satisfy the courts that compensation should be made the plaintiff in atort action must prove that
bull The defendant oed the plaintiff a duty of care
bull The defendant breached that duty by his conduct
bull The defendant-s conduct caused the inury to the plaintiff
f any 0 of these F aspects is not proven to the satisfaction of the courts theplaintiff ill not in
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A significant factor in a tort action is the establishment of the standard of carerequired of the defendant
The standard is applied based on the premise that engineers have a duty to use
the reasonable care and s7ill of engineers of ordinary competence Thereasonable carelt is measured by applicable professional standards of theengineering profession at the time the services ere performed
Strict ia1ilit$ manufacturers and employers are held strictly liable hen faultis not necessary if compensation is to be provided ampnot yet upheld in 6anadaampe All employees ma7e contributions on behalf of employees and if someone is inuredcompensation is provided ith no finding of faultampe A manufacturer may be strictl6 lialelt if for any damages that result from the use of theirproduct
0icarious ia1ilit$ The employer is responsible for damaged caused by its
employees The employer provides compensation because it is presumed thatthe employer is in a better financial position than the employee
Concurrent Tortfeasors hen more than one party is liable in a tort actionThe defendant-s together are called concurrent tortfeasors
Products ia1ilit$ The plaintiff must be able to establish that damage hasclearly resulted from appropriate use of a product and the defendantmanufacturer must then persuade the court that at the time the manufacturercould not have foreseen the defective nature of the goods manufactured6anada has not yet ta7en a strict liability approach on products as the +$ has
Products liability has developed through principles of both contract la and tortla The tort concept of fault has been applied and implied contractualarranties that the product is effective and the contract of a sale must also eist
n productsliability matters economic losses ampin the absence of physical inurymay in some circumstances be recoverable
Standards of Care and ut$ to 5arn A manufacturer must arn theconsumer of any dangerous potential of the product by appropriate labeling
Oter Tortsbull Tort of defamation8 ampif the statements that damage the reputation are true there is
no liability
o ibel D in riting
o $lander D verbal
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bull Occupiers Liailit68 The occupier of a property must eercise therequired standard of care to ensure the safety of individuals coming ontothat property
bull Tort of Nuisance8 esigned to alleviate undue interference ith the
comfortable and convenient enoyment of the plaintiff-s landampe insecticide spray drifting onto other land
CHAPTER Proof
The burden of proof is on the plaintiff to prove the case against the defendant
Engineers often find themselves ma7ing appearances as eBpert itnesses incourt
The epert is permitted to epress opinions ith respect to his or her area ofepertise and the itness should be cautious and restrict testimony to such
area
ou ill be hired by one side and crosseamined by counsel from the otherparty
Preparation is of the utmost importance in litigation The epert itness shouldclearly understand the issues in the lasuit and be aare of the scope ofquestions that can be reasonably epected
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CHAPTER 28 Contracts
3or a contract to be binding and enforceable the folloing elements must bepresent
bull An offer made and accepted
bull (utual intent to enter into the contract
bull 6onsideration or offer ampan echange of promises each promise representing
something of valueCpayment of money is not essential
bull 6apacity to contract ampcan-t be a minor drun7 or crazyCenforceable by the drun7 if
the other party 7ne they ere intoicatedbull aful purpose 6ontract on-t be enforced if it is unlaful
An offer is a promise made by one person to another
)ot all contracts are in riting
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+ntil it is accepted the offer may be ithdran by the offeror unless it is madeepressly irrevocable by its terms
Irre4oca1le Offers =idders submit offers or tenders that have been madeirrevocable for a specific period of time At any point during that period the offer
may be accepted and a contract ill be formed
Option Contract This contract is another means of 7eeping an offer open for acertain period of timeampe The party purchasing the option may ant do eploration or7 for a period of time beforedeciding to spend a large sum of money on the property
EDuita1le Estoppel A udge can stoplt the strict terms of a contract from beingfolloed if it is proven that the terms had changed outside of the agreementampoften used hen etensions to deadlines are agreed upon and then the person tried to go bac7to the original ritten contract
Pursuant to contract la consideration ampor a seal must be present in order toma7e a change to a contract enforceable D otherise it is ust a promise not laThe courts protect the person in the situation here a promise is ta7en as fullagreement
Statute of Frauds Ensures that certain types of contracts must be in riting tobe enforceable
Rectification This order can be applied for to rectify a contract because of asecretarial or recording mista7e
)nilateral Mistae A mista7e made by only one party to a contract 6ourts illdecide hether a contractor ill be relieved of their mista7e
CHAPTER 8 Tenderin Issues Contract A
a of tendering in 6anada gives the principle that there are B separatecontracts that arise in the tendering process
0 Contract A D the contract of irrevocability ampthat deals ith the tenderingphase
B Contract D the construction contract ampapplies to the construction phase
The number of number of tenders submitted is the number of 6ontract A-s thatare formed
The original tender pac7age contents cannot be changed ithout notifyingeveryone or you are in =reach of 6ontract A
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CHAPTER 82 Contract Interpretation
Parties to a contract sometimes dispute the meaning of part of the contract Todifferent approaches can be ta7en hen interpreting contracts
bull i1eral Approac ta7es into account the intent of the parties and maylead to speculation on that intent
bull Strict Approac focuses on the precise ords in the agreement andmay rely on dictionary meanings
Contra Preferentem hen a contract is ambiguous or unclear it ill beinterpreted against the person that rote it up
Parol E4idence Rule hen verbal agreements outside of the ritten contractare included as rule in a contract n most cases if a condition is agreed uponverbally but is not included in the contract then the condition is not part of thecontract
Implied Terms hen the inclusion of obvious terms of a contract have beenoverloo7ed here it is reasonable implied terms may eist in a contract
CHAPTER 83 iscare of Contracts
There are several ays to discharge a contract
bull Performance hen all parties have completed their respectiveobligations the contract is at an end
bull Areement to iscare Parties in a contract are alays free to amend
the contract or agree to cancel or terminate the contract upon mutuallyagreed terms
bull iscare Pursuant to Epress Terms t is advised to include in acontract terms here all parties may terminate the contract if certainoutside events ere to occur ampe ban7ruptcy
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bull iscare 1$ Frustration hen changing unforeseeablecircumstances occur that may radically change the obligations of theparties
o Force Maeure Provides that the time for completion ill beetended in the event of ar riot flood labor dispute or other
events that are beyond the control of both parties
bull iscare 1$ reac of Contract ne party fail to perform obligations
o iscare 1$ Repudiation hen the party to a contract
epressly tells the other party that they have no intention ofperforming contractual obligations
CHAPTER 86 reac of Contract
f a party to a contract fails to perform obligations specified in the contract thenthat party has breached the contract
The innocent party is entitled to certain remedies depending on the nature of thebreach and the terms of the contract
Condition an obligation that is essential or vital to the contract5arrant$ an obligation that is NOT essential or vital to the contract
A =reach of 6ontract is a cause for discharge only if its effect is to render itpurposeless for the innocent party to proceed further ith performance
Repudiation hen the party to a contract epressly tells the other party thatthey have no intention of performing contractual obligations
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REMIIES
A nondefaulting party is entitled to damages for losses incurred as a result of abreach of contract
irect amaes Actual calculated difference in the cost of having to chooseone service over the other ampthe loest bid is chosen and then they refuse to do the or7so the second loest bid is chosen and the party sues for the monetary difference beteen theloest and second loest bid
Indirect amaes Are consequential to the breach and might include damagesfor lost profits or damages incurred if the contract is not fulfilled
iDuidated amaes Are preestimated damages if certain events ere tooccur that are ritten into the contract under a Penalty 6lause
ltuantum Meruit hen services have been requested and performed but nooutside agreement as reached beteen the parties as to hat payment ouldbe provided in return for the services then the courts can aard the person ithas much as is reasonably deservedlt for time spent and materials supplied
Su1stantial Compliance hen a contractor has substantially complied iththe terms of a contract yet failed to comply ith some minor aspect of thecontract The contractor ill be paid the contract price minus the cost ofdamages caused by the minor problems
Specific Performance hen the courts require a party to perform a contractual
obligation li7e the sale of land or a personal item
Inunction A court order that prohibits or restrains a party from performing anactCHAPTER 9 Fundamental reac
Applies to a contract that contains an eemption clause amphere parties limit theirliability if a breach of contract results and ma7es the eemption ineffective
CHAPTER 8 Areement etampeen Client and Enineer
A contract beteen a client and an engineer must include all of the essentialcontract elements
The document ill not specify the degree of care that is required of the engineerin carrying out the services =ut the engineer is liable for incompetence
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carelessness or negligence that results in damages to the client and for notperforming ith an ordinary and reasonable degree of care and s7ill
CHAPTER Concurrent ia1ilit$ in Tort and Contract
+nless otherise stated in a contract the standard of care epected of anengineer doing a ob is the same standard of care by hich an engineer-sperformance is measured in tort
3or a breach of contract there is a limitation period of I years from date of thebreach in hich to press charges instead of hen it is discovered
n tort the limitation period in hich to press charges starts hen the damagesare first detected
CHAPTER 3 Ar1itration and AR
A lasuit is not alays the best ay to resolve a dispute beteen contractingparties especially technical disputes
Ar1itration or Alternati4e ispute Resolution +AR- t is less costly and lesspublic than litigation
An engineer that is an arbitrator is epected to act impartially and independentlyof the parties to the dispute
The Arbitration Act deals ith the appointment of an arbitrator and sets out astructure or set of rules to govern the conduct of an arbitration unless the partiesagree that some other structure or rules ill apply
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The Act also gives arbitrators the urisdiction to aard preudgment and post udgment interests ust li7e the courts have under the 6ourts of 4ustice Act
Partnerin intended to respond to the need for improved attitudes amongstindustry participants to the importance of teamor7 on proects
This cooperative attitude should assist in resolving proect disputes at an earlystage
) TGAT) and A=TAT) result in a 4+G(E)T TgtAT $=))G
Proect Neutral (proGect manaement oerie) The companies appoint a
proect neutral usually an independent professional eperienced in the industryto be aare of developments on the proect ith a vie to offering unbiasedadvice and decisions
Mediation esolving disputes through the negotiating process involving amediator ho is to provide guidance and to facilitate the settlement process agobeteenlt in communicating proposed settlements
There is no udgmentL the parties need to or7 out their differences
CHAPTER BB Industrial Propert$
Industrial Propert$ Rits ights that generally relate to patents trademar7scopyrights and industrial design
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Professionalism a quality control system characterized by service to othershere the quality is controlled by the professionQALIT CONTROL SSTEMS
$elfegulation is the most important part of the professional quality control
system
Formal Administration an Act passed by the government ampAPEGGAampe Governmental Professional Associations
bull government sets entry standards ethical practice and enforces
bull the administration can be transferred to the professional association togive them the legal right to license and punish those ho practice anddetermine themselves hat ethical and competent mean
bull (embership in the professional association is mandatory and you mustpay a yearly fee for a license to practice
Informal Administration services are )T controlled by the governmentampe Employers +nions oluntary Associations or $ocieties
bull The organization itself is in control
PROFESSIONALISM IN OCCPATIONS
The impact of the occupation-s services and level of trust or responsibility gainedby the professionals
evel of responsibility can be udged on the score of the folloing components
bull mpact of the $ervice amp01bull 2noledge amp01
bull 3requency of easoned 4udgments amp01
bull $upervision eceived amp015
PROFESSIONALISM IN THE INIIAL
6haracteristics of a professional arebull competent
bull desire for Autonomy ampdesire to choose independentlybull committed to the Profession
bull ethical
bull commitment to 6ollegial $tandards ampcertification ethical practiceregulation control
bull honest trustorthy and principled
bull s7illful paid
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bull loyal employee ith high ran7 and high quality
CANAIAN PROFESSIONAL EN$INEERIN$ PRACTICE ANETHICS OOamp
CHAPTER Reulation of te Enineerin Profession
Associations use their on provincial Professional Engineering Act to set up andgovern
bull Reulations rules set up to support the Actampe 8ualifications for admission professional conduct
bull $laamps rules to administer the Associationampe (ethods for electing members financial statements committees
bull Code of Etics rules of personal conduct to guide engineers
Engineers regulate their profession by electing the maority of members to the Association 6ouncil amphich also contains members appointed by the provincialgovernment and by voting on the regulations and bylas passed by the council
The Association admits applicants into the profession by registering them asmembers and granting them their license to practice after they meet the folloingrequirements
bull 6itizenship amp6anadian or permanent resident
bull Age amp09bull Education ampmust graduate from a recognized accredited university
bull Eaminations ampPPE
bull Eperience ampevaluated on nature duration currency quality
bull 6haracter
EN$INEERS SEAL
The engineer-s seal means that documents have been prepared or approved bythe person that sealed them
The engineer ho prepared them or supervised their preparation should sealthem not the one ho chec7edlt them Alberta engineers are no permitted tostamp the or7 of others provided that they thoroughly revie the or7 andecept full responsibility for the or7
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EN$INEERIN$ COE OF ETHICS
Each code defines the duties of the engineer to the public employer felloengineers to the profession and to yourself
The purpose of the code is to protect the public from bad engineers
CANAIAN CONCIL OF PROFESSIONAL EN$INEERS (CCPE)
6oordinates the profession on a )ational level using the folloing committeesbull 6anadian Eng Accreditation =oard ampuniversity accreditation
bull 6anadian Eng gtuman esources =oard ampcollect data for profession
bull 6anadian Eng 8ualifications =oard ampqualifications to enter profession
bull 6anadian Eng Public Aareness =oard ampraise aareness
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CHAPTER Enineerin Etics
ETHICAL THEORIES
Mill(s )tilitarianism the best choice in a moral dilemma is that hich producesthe maimum benefit for the greatest number of people ampdemocracy
ant(s Formalism +ut$ Etics- each person has a duty to act ethicallygtappiness is the result of good ill the desire to individually do your duty and follo all the rules
oce(s Rits Etics everyone has rights The right to life human dignityand liberty hich must be recognized by others and not stomped on
Aristotle(s 0irtue Etics choosing the happy mediumlt
COE OF ETHICS
A decision that gives a benefit to you it is a conflict of interest our decisionsmust not only be ethical but must be seen by others as ethical
The codes are statements of general principals folloed by instructions forspecific conduct and emphasize the duties that an engineer has to
bull Societ$ this is the most important Engineers have a duty toprotect the safety health and elfare of society
bull Emplo$ers to act fairly and loyally and to 7eep business confidentialou must also disclose any conflict of interest that may arise
bull Clients
bull Colleaues act ith courtesy and good ill
bull Emplo$ees and Su1ordinates recognize the rights of others
bull Enineerin Profession (aintain dignity and prestige
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bull Oneself payment or7 conditions strive for ecellence and maintaincompetence
CHAPTER 2 Etical Pro1lems of Enineers in Industr$
The employer clearly does not have the authority to direct an engineer to brea7the la The engineer should advise the employer that the action is illegal andrefuse to do it
The employer cannot direct an engineer to violate the code of ethics Theengineer should advise the employer of the section of code and decline to ta7eaction
The employer cannot as7 an engineer to do something that contravenes theengineer-s conscience or moral code The engineer must
bull Gather all relevant information
bull efine the ethical problem
bull Attempt to see the problem from the employer-s point of vie
bull Generate and eamine alternative courses of action
bull 6onsider personal consequences
ETHICAL PROLEMS IN THE INSTR (CASE STIES)
+ ACCEPTIN$ A ETTER O OFFER---
Already accepted a ob a better ob is offered B ee7s laterCC
bull Ta7e the better ob
bull Tell the first ob that she is ta7ing the better ob but offer to pay for recruitmentfees ampcompromise D it ac7noledges ethical duty maimizes benefits
bull 2eep the original ob
+ SEEampIN$ EMPLOMENT ELSEHERE---
or7ed for same company for F years all trained but boredCC
bull f training too7 one year you should or7 there at least 0B years aftertraining so the company can realize its investment
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0+ E1TRA PART2TIME EMPOMENT ON THE SIE---
bull nform the main employer to see if it is 2
bull Employee must sho fairness and loyalty to the employer
bull )o conflict of interest ampno competing on same contractsbull Parttime or7 should not reduce employee-s efficiency for main ob
3+ SHOL EN$INEERS OIN LAOR NIONS---
bull es as long as the engineers are no managers in the company
bull t might be better to inform management of their dissatisfaction ith theirsalaries and negotiate individually or as a group Then see7 legal advice
4+ FALSE EN$INEERIN$ ATA IN AERTISIN$---
The elfare of the general public is the most important
bull nform the engineering manager
bull ecide to or7 for change ithin the company be the histlebloer or quit
5+ ISCLOSIN$ CONFIENTIAL COMPAN INFORMATION---
ou 7no that something is dangerous but you hear of a competitor that is going
to use itCC
bull Tell your employer first and determine the best ay to tell 6ompany =
bull ou must tell 6ompany = about your findings and potential problems tosave the public
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CHAPTER 3 Etical Pro1lems of Enineers in Manaement
bull )nlicensed Personnel using them to carry out professional engineeringor7
bull Misuse of Enineerin Title
bull Re4ieampin 5or and E4aluatin Competence engineers should notunderta7e or be assigned or7 that is not ithin the competence level of theengineer
bull 5or Re4ieamped for Accurac$ engineers have other engineers chec7 theiror7 only ith their 7noledge
bull 5or Re4ieamp to Assess Competence engineers have revies as long asthey are informed that it is happening
bull iscrimination in Enineerin Emplo$ment
Computer Pro1lems security infringement of copyrights incorrecttransmission errors and bugs softare piracy
ETHICAL PROLEMS OF MANA$EMENT (CASE STIES)
+ NLICENSE EN$INEER PRACTISIN$ IN A NE PROINCE---
f you have a valid license from another province you need to apply for a neone right aay in the ne province ithout a valid license in the province youare or7ing in your or7 should be supervised by another engineer
+ OFFENSIE LAN$A$E TO THE P AT THE COMPAN PICNIC---
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ou can-t fire someone for an alternation at a social event There must be arecord of continual insolence and insubordination ou should refuse to fire himin riting and give him a reprimand instead
0+ CONFLICT OF INTEREST---
ou are on a committee that is deciding to revise specifications These revisionsill help out your company and the committee chair-s company but ill ma7e ithard on competitorsou must tell the committee of the conflict of interest
3+ ERRORS IN EN$INEERIN$ PLANS OR SPECS+---
ou notice errors in design hen your role is supposed to be in manufacturing
ou should phone the client and tell him about it and then follo up ith a letterand then proceed ith the fabrication after you get ritten conformation from theclient f the errors may cause harm to the public you must report it
4+ ampEEP PRELIMINAR ATA SECRET NTIL AFTER SHAREHOLERSMEETIN$---
t is ethical to 7eep preliminar6 results secret until the final results are 7non forcertainty
5+ ACCONTAILIT IN A NE O HERE PREIOS MANA$EMENTHAS TAampEN NO ACTION AN NO O ARE ACCONTALE
ou are alays responsible to act ith professional integrity and high ideals
bull 3irst tell the person ho is committing the misconduct nclude thebenefits of dealing ith the situations and the consequences of notdealing
bull Then suggest that together you discuss the matter ith senior
management or the Associationbull 3inally if you have no choice go alone to senior management or get
advice from the Association
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CHAPTER 6 Etical Pro1lems of Enineers in Pri4ate Practice
THE CLIENT 7 CONSLTANT RELATIONSHIP8
The consultant ampengineer is usually hired to monitor an engineering proect li7ethe construction of something This creates a relationship beteen the
contractor ampdesigner or builder the consultant ampengineer and the client amponer
Independent Model The client eplains the problem and hands all decisionma7ing over to the consultant =ad because the client can-t ma7e any choices
alanced Model The consultant ma7es recommendations and provides theengineering advice but the client chooses the path to follo This is the middle of the spectrum
Aent Model The consultant ta7es orders from the client This doesn-t use anyof the engineer-s 7noledge
AERTISIN$ EN$INEERIN$ SERICES
Engineers can only advertise through factual representation ithouteaggerationlt
ou cannot use the engineer-s seal or association-s seal in any form ofadvertising
SE OF THE EN$INEERS SEAL
The Act requires that all final draings specifications plans reports and otherdocuments involving the practice of professional engineering must be datedsigned and sealed
t is not optional to use the seal
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(ost documents state that they ere prepared or ceced and appro4ed bythe person ho sealed them
The seal is legal because it indicates that the person accepts responsibility forthe accuracy of the documents and implies that the person has a thorough
7noledge of the proect to hich the documents relate
o not seal anything that you are not illing to accept full responsibility for
9CHECampIN$ EN$INEERIN$ OCMENTS
Ceced the documents ere prepared by someone under the directsupervision of the person ho signed and sealed them
ou can seal the or7 of others ampnot under direct supervision provided that you
thoroughly revie the or7 and are illing to accept full responsibility
o not assume responsibility for or7 that is beyond your area of epertise or for or7 that you have not thoroughly revieed for accuracy
PREPARATION AN APPROAL
f one engineer prepared the draing and another engineer must approve itthen 1ot seals should appear on it therise only the approving engineershould seal it
f final draings cover more than one discipline then they should be sealed bythe approving engineer ampchief and by the design engineer for each discipline
ETAILE RAIN$S
The engineer generally has responsibility for a proect as a hole and theengineer-s seal must appear on maor reports specifications or draings thatdescribe the proect ou are not epected to seal every draing but they allmust be prepared under the engineer-s control and supervision and you assume
responsibility for all of them hether they are sealed or not
MASTERS AN PRINTS
The master draings must be complete since they are the maor reference fordesign and construction fabrication
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The time to seal a draing is hen it is approved and released for fabrication orconstruction
ou seal te copies7 not te master That ay the prints can be chec7ed formodifications hen sealed
ETHICAL ISSES
Confidentialit$ The engineer has a clear obligation under the code of ethicsto 7eep affairs of the client confidential
Conflict of Interest here the engineer has an interest that interferes ith the
service oed to the client The engineer must disclose any personal interestthat there may be
Re4ieampin te 5or of Anoter Enineer The engineer should be informed hen his or7 is being revieed but it is not necessary to receive permission todo so The elfare of the client or the general public must come before thepersonal ishes of the engineer
Supplantin 6onvincing the client to fire their engineer and hire you instead isunethical
reac of Contract ampcivil liability a failure to complete the obligations specifiedin a contract ou can get protection for this ampliability insurance
Nelience ampcivil liability a failure to eercise due care in the performance ofengineering There is NO protection for this
ETHICAL PROLEMS OF EN$INEERS IN PRIATE PRACTICE (CASESTIES)
+ ORampIN$ AN OTIN$ ON PLANS FOR A STREET-----
ou cannot vote on hether a proect should be accepted if you are involved inbidding on the proect ou must disclose your involvement and abstain fromvoting and participating in the decision ma7ing process
+ ENORSIN$ A PROCT ON T---
t is seen as unprofessional and a conflict of interest
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0+ LE$AL SETTLEMENT AN EIN$ PAI ON THE OTCOME---
As an epert itness you are giving your professional opinions The amount youma7e ampcontingency ill be dependent upon the outcome of the case Getting
paid this ay is a conflict of interest since there is personal benefit based on theoutcome ou should accept a flat rate fee
3+ ORI$INAL SEALE RAIN$S CHAN$E INSPECTION---
ou don-t sign and seal the originalConly the copies so that modifications areevident f the proect isn-t to original specifications the calculations must bedone from scratch and nothing is to be done until they are complete
4+ RECIN$ OR FEE IF THE OECT HAS ALREA EENESI$NE FOR SOMEONE ELSE EFORE---
Establishing fair and reasonable fees depends on
bull evel of 7noledge and qualifications required
bull ifficulty and scope of the assignment
bull esponsibility that the engineer must assume
bull +rgency ith hich the or7 must be completed
bull Time required
ou should not loer your price to produce a similar design for 6lient = but if
6lient A anted a second building that as the same as the first then a smalldeal could be made
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CHAPTER 89 Te Enineer(s ut$ to Societ$ and te En4ironment
T TO SOCIET8
ou must put the greater good of society ahead of personal gain
The to environmental problems that have accompanied the industrialization ofour society
bull Proliferation of MacineMade Haards +sing highays aircraftnuclear poer toic chemicals more often ma7e it more dangerous
bull eradation of te En4ironment The lifestyle of industrialized nations
requires a high energy usage to maintain it The consumption of fossilfuels and the careless disposal of aste has deteriorated the environment
o 5aste isposal
o Air Pollution SO2 ndash from coal combustion (London) NO x ndash cars (LA) CO
Photochmical oxidants (sun) oon PAN Proxactl
nitrat
o Acid Rain
$amp harmful to fish at amp
o 5ater Pollution
isascausin+ bactria
Or+anic ast dcain+ in th atr
-rtilirs
oxic matrials ( PC) Acidification
0ast hat
A+ricultur ndash ind carris sticids salt frtilirs and
nitro+n to th atr
o Glo1al 5armin and Oone epletion +Greenouse Effect-
CO2 C$ NO2 O1 Chlorofluorocarbons
o Ener$ Conser4ation and Nuclear Poamper
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o Eponential Population Groampt
The good of society is determined on a utilitarian basis D creating the maimumgood for the maimum number of people
=efore reporting an incident to the Association
bull Informal Resolution 3irst the engineer should try to resolve problemsinformally and internally in an open and professional manner
bull Confidentialit$ f it is necessary to report a situation never report it to thepublic or media Alays report it to the Association or proper regulatory body
bull Retaliation ou cannot be fired for reporting a situation ou can file alasuit to recover lost ages and costs
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CHAPTER 88 Enineerin Case Histories
+ THE QEEC RI$E ISASTER
pened in 00 the longest cantilever span in the orld
=ridge as redesigned ith a larger span and the dead eight calculations erenot redone
Then there as a material failure in a bearing casting that temporarily supportedthe central span hile it as being transported and lifted into place
essons earnedbull ou have to have enough money to pay all the people to do their obs
properly for large proects before you start them amp(r 6ooper as not paid nearlyenough to do the etra or7 to redesign nor as he really competent
bull gtire capable competent professionals ampnot old or sic7 that can-t visit the construction site
bull 6learly define duties authorization and responsibility of professionalpersonnel
bull iscuss all design decisions and technical problems openly and listenreceptively amp3or F ee7s the chief engineer tried to contact 6ooper about the strangebending of some steel parts and recommended some changes be madeC6ooper didn-tlisten
bull evie details especially engineering design calculations amp6ooper did not redothe calculations for dead eight after he changed the length of the structure
bull (onitor or7 on the site adequately amp6ooper as too old and sic7 to monitor any ofthe building or fabrication
bull
Ensure that communication is rapid and accurate ampt too7 F ee7s for the chiefengineer to reach 6ooper ith his concerns
bull Provide adequate support staff for good money
+ THE ANCOER SECON NARROS RI$E ISASTER
4une 0H9 to spans of the cantilever bridge collapsed
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t as caused by the faulty design and eventual collapse of a temporary toersupporting the partially completed bridge
The additional time and material needed to reconstruct the damaged portions ofthe bridge
essons earned
bull 6onsulting engineers should recommend alloable stresses for temporaryconstruction support structures
bull The contractor should be required to submit all construction plans andcalculations for approval prior to construction
0+ THE ESTRA MINE ISASTER
(ay th 0B mine ble up and 7illed BI miners
The floor roof and sides of the road should have been cleared and treated ith
stonedust and proper ventilation procedures should have been folloed despitedelayed production
essons earned
bull Production demands resulted in the violation of basic and fundamental safemining practices
bull (anagement ignored or encouraged many hazardous and illegal practicesincluding 0Bhour or7 shifts improper storage of fuel refueling vehiclesunderground using nonflameproof equipment
bull The methane gas from the coal needed to be properly ventilated out of themine
bull Proper permits and changes to the mine plans ere not approved by theproper authorities
bull ritten orders to stonedust and to clean up the mine ere not folloed
3+ THE LO$EPOLE ELL LOOT
ctober 0Jth 0B a sour gas Amoco ell ble out and they could not get itbac7 under control
The initial 7ic7 occurred primarily because drilling practices during the ta7ing ofcores ere not folloed and this combined ith the marginally adequate muddensity used permitted the entry of reservoir fluids into the ellbore
They lost control of the ell and then it started on fire from some (us7eg thatas burning underground
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There ere also some equipment failures that attributed to not being ale tocirculate the 7ic7 out quic7 enough
essons earned
bull Amoco did not apply the necessary degree of caution hile carrying outoperationsbull )eeded to be fully prepared in the event of a fluid influ
4+ THE RE21 MININ$ FRA
The samples had been saltedlt D adding minerals li7e gold here none eist
essons earned
bull The chief geologist had a responsibility to sho due diligence in safeguardingthe core samples and ensuring that the gold assay as properly done Thatthe gold content based on the samples as accurately calculated and thatthe doublechec7s ere made to confirm the results
bull This emphasizes the critical dependence of the mining and resourceindustries on professionals ith high ethical standards
5+ THE CHALLEN$ER SPACE SHTTLE E1PLOSION
n 4anuary B9 09I the accident as caused by hot gases bloing past one ofthe seals in the roc7et boosters The seal had been unable to do its ob properlybecause of the unusually lo temperature in 3lorida on the day of the launch
The manufacturer of the boosters had this information but had decided to goahead ith the launch anyay
essons earned
bull n an enormously large organization it is easy for decision ma7ing to fall
through the crac7s
bull t is very easy for engineers to fall into the comforting belief that they arefolloing a conservative course hen in fact they are deviating intodangerous territory
bull isasters are easy to create D safety comes hard
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lt+ THE C2= PASSEN$ER AIRCRAT ISASTER
n 0JB a cargo door latch failed and the door ble out of a 601 over indsor) and the eplosive decompression of the cargo compartment caused part of
the cabin floor to collapse
This opened a large hole in the bottom of the fuselage and severed most of thehydraulic lines hich caused the loss of control of the rudder and aileronsEveryone landed safely that day
n 0JK another 601 over Paris lost its cargo door The decompression ofthe cargo compartment again caused the cabin floor to collapseL control of theailerons and rudder ere lost and the plane crashed 7illing FKI people
essons earned
bull The 3AA failed in its role of safety atchdog t certified the cargo doordesign in spite of the failure during the ground test Then after the neardisaster over indsor they merely advised the airlines to follo themanufacturer-s service bulletin rather than issuing a directive that ould haverequired all 601-s to be retrofitted
gt+ TO1IC POLLTION8 LOE CANAL MINAMATA HOPAL SR
mproper disposal of toic or environmentally harmful aste
Loe Canal Ne or 7 ioBin
bull n 0HF gtoo7er 6hemical 6orporation dumped over 09111 tons of chemicalaste including dioins until the canal as flat land again
bull Then they donated the land to the =oard of Education but said nothing aboutthe chemicals buried there
bull Eventually the chemicals ere discovered in 0JI and the area asevacuated and treated
bull Total cost of the cleanup as MBH1 million and gtoo7er asn-t liable for any ofit because of their contract hen they donated the land
Minamata a6 apan 7 Mercur6 Poisoninbull n 0FB the 6hisso 6ompany a nitrogen fertilizer company began producing
acetaldehyde (ercury as needed as a catalystbull uring the production process a portion of the mercury as lost D ashed
into the =ay ith the aste aterbull The organic mercury as absorbed by the shell fish and eventually eaten by
people
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bull =y 0IB it as estimated that about B11 people had contracted (inimatadisease
Dopal India 7 MetD6l Isoc6anate
bull n 09K a poisonous cloud of methyl isocyanate gas escaped from the +nion
6arbide plant 7illing thousands of people up to I 7m aaybull The incident happened hen a or7er as cleaning a pipe ith ater and the
ater mied ith the chemicals and over pressured the tan7s causing them torelease the gas
Sudur6 Ontario 7 SulpDur ioBide
bull )ic7el that is mined in ntario is in the form of sulphied ore and cannot be
directly converted into metallic form t must first be smelted D burned toremove the sulphur hich is done in huge open roastslt hich emitted huge
toic clouds of sulphur dioidebull $ulphur ioide hen dissolved in ater became acid rain
bull This devastated the area around the plantL trees are stunted and sparsela7es have no fish no bird life
bull $ince then about F111 hectares have been reclaimed
essons earned
bull Each of these incidents involves ignorance carelessness or incompetenceand most involve an arrogant lac7 of ethical action
bull6onsequences of negligence can be terrifying
+ NCLEAR SAFET
TDree Mile Island
(arch B9 0J a routine maintenance operation a pressure valve stuc7 openalloing radioactive ater to escape from the system for more than B hoursleaving the reactor core partially uncooled
(ore than 0F of the reactor core had melted and fallen to the bottom of thereactor vessel Than7 goodness the molten mass did not burn through thebottom of the reactor to penetrate the ground ater table ampin a cynical version ofthis story the molten mass continues to burn through the interior of the earth untilit emerges in 6hina ampThe 6hina $yndrome
t as not a disaster for the public but the unit as destroyed and the cleanupcost nearly M0 billion
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CDerno6l
April BI 09I reactor number K eploded releasing a huge cloud of radioactive
plutonium cesium and uranium dioide into the atmosphere
Accident occurred during a lopoer test =ecause of the design during loerpoer the ater in the core decreases
To date the number of related deaths is beteen J11101111 They aiteddays even ee7s to admit that it had eploded and they too7 even longer toevacuate the peopleessons earned
bull The possibility of disaster might be very small but it is not zero
bull $uch responsibility should never be treated casually
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CHAPTER 8 Product Safet$7 ltualit$ and ia1ilit$
NE$LI$ENCE AN LIAILIT
Engineers are liable for negligent incompetent or careless acts that result indamages to others including the employer
Engineers are required to use reasonable care established practices and elltested engineering principles
Nelience an act or omission that constitutes a failure to maintain thestandards that a reasonable and prudent practitioner ould maintain in thecircumstances
ITH A CONTRACT8
bull )egligence incompetence or carelessness may be a basis for a lasuit overbreach of contractlt
bull t is good practice to consider all reasonable ays in hich an agreementmay go rong foresee damages and include clauses that specify bonusesfor good results or limits to liability
ITHOT A CONTRACT8 (driin)
bull (ay result in legal liability based on tort la ampinuries or damages
bull To in a claim under tort la the plaintiff must prove
o that the defendant had a duty of care to the plaintiff
o that the defendant breached that dutyo that the loss or damage as a direct result of the defendant-s breach of
duty
iability insurance is a ise investment t is essential for manufacturers thatemploy engineers because of
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0icarious ia1ilit$ the engineer-s employer is liable for any loss or damagethat results from a tort caused by an employee The engineer is protectedfinancially but not from disciplinary action by the Association
PROCT ARRANTIES
5ARRANT= applies to goods and products
bull Epress 5arranties promises that the product has a certain quality or itill perform for a certain period of time
bull Implied 5arranties unstated promises that eist as a matter of common
sense A certain amount of quality or function that is epectedltSTRICT LIAILIT
Product defects and consumer safety the focus is on the product itself and noquestions of negligence arise
A manufacturer may be strictly liable for any damage that results from the use ofhis product even though the manufacturer as not negligent in producing it
G)ARANTEE applies to services and agreements
AICE TO ESI$N EN$INEERS TO AOI PROCT LIAILITIES
bull Formal esin Re4ieamps conceptual feasibility and finalbull Codes and Standards adhere to all government industry and company
standards and codesbull Stateofteart esin Metods ma7e choices that lean toard safety
bull Formal Haard Anal$sis identify hazards try to prevent or eliminate actionplan remedial action
bull Formal Failure Anal$sis 3ailure (odes and Effects Analysis amp3(EA and3ault Tree Analysis amp3TA
bull esin Records 2eep good design records to shoe planning for safety
AICE TO MANFACTRERS
bull ltualit$ Assurance and Testin $ 111
bull Instruction7 5arnin and aner Sins f dangers do eist plan forproper signs to give arnings of danger
bull Instruction Manuals Any product that is dangerous should come ith aservice or instruction manual
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bull 5arranties7 isclaimers and oter Pu1lised Material evie allinformation ith the design engineer and by a products liability layer
bull Consumer Complaints nvestigate claims quic7ly to fi problems early
bull Customer Records gtave good records in case of a recall
OTAININ$ CANAIAN STANARS
6hec7 ith the $tandards 6ouncil of 6anada amp$66 They promote efficient andeffective standardization in 6anada
The $66 manages the )ational $tandards $ystem amp)$$ The )$$ ritestandards certify products test products and register quality systems ofcompanies amp$ 111
The $66 coordinates the 6anadian contribution to $ ampnternational
rganization for standards and E6 ampnternational Electrotechnical 6ommission
ISO === 7 QALIT MANA$EMENT AN QALIT ASSRANCESTANARS
t is a standard for effective management of a manufacturing corporation in orderto maimize the quality of the manufactured products
A 7ey part of the process involves the development of a ualit 3anual thatdocuments the four 7ey aspects of the certification process
bull quality policies for every aspect of the corporation-s operationsbull quality assurance procedures
bull quality process procedures
bull quality proof
ISO 3=== 7 ENIRONMENTAL MANA$EMENT SSTEMS
The process requires the company to eamine every function of its operationsith the goal of identifying activities ith a significant environmental impact andcommitting the company to preventing pollution in all of its many forms
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CHAPTER 8gt isciplinar$ Poampers and Procedures
EFINITION OF PROFESSIONAL MISCONCT
Each Association has the poer to prosecute people ho unlafully practiceprofessional engineering and to discipline licensed engineers ho are guilty ofprofessional misconduct or incompetence
The provincial Acts typically identify I causes for disciplinary action
bull Professional Misconduct Any conduct detrimental to the best interestsof the public or that harms or tends to harm the standing of the profession
generally as unprofessional conduct ampor an act that ould reasonably beregarded as unprofessional
bull Incompetence a lac7 of 7noledge s7ill udgment or disregard for theelfare of the public that demonstrates the member is unfit to carry out theresponsibilities of a professional engineer
bull Nelience carelessness or carrying out or7 that is belo the acceptedstandard of care or performance
bull reac of te Code of Etics
bull P$sical or Mental Incapacit$ this is included as a definition ofincompetence
bull Con4iction of an Offense isciplinary action against a member ho isguilty of an offense that is relevant to the member-s suitability to practice
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ISCIPLINAR PROCESS
hen a complaint of negligence incompetence or professional misconduct ismade against a licensed professional engineer it sets in motion a Fstageprocess of
bull Gathering nformationbull Evaluating the 6omplaint
bull 6onducting a 3ormal gtearing that enders 4udgment
Stipulated Order A simpler form of disciplinary hearing for less serious casesThe decision of guilt or innocence is decided by one representative and the resulthas no appeal process =oth parties agree to the outcome
f a member or licensee should be found guilty the iscipline 6ommittee can
bull suspend or revo7e your licensebull impose restriction on your license
bull require the member to be counseled or reprimanded
bull ma7e you pay cost of investigation or hearing
bull ma7e you rite eams or ta7e courses
bull impose up to a M01111 fine
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CHAPTER 8 Maintainin Professional Competence
Engineers have the privilege of selfregulation a privilege accompanied by acorresponding duty to maintain competence and avoid professionalobsolescence
The process requires engineers ampand engineering corporations to maintaincompetence by
bull enineerin practice or emplo$ment
bull formal education amp+niversity or Association courses
bull informal education ampshort courses or seminarsbull pu1lications
bull participation in enineerin societies
bull 1encmarin ampcomparing your practices against best practices
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CHAPTER 8 Enineerin Societies
The maor purpose of engineering societies is to encourage research into netheories or methods to collect and classify this ne information and todisseminate it to members so that it can be put to good use
The difference beteen an association and a society is that the Associationregulates professional behavior and the $ocieties disseminate engineeringinformation $o you should be a member of both
$ocieties have been established by groups of engineers hose commoninterests are based on
bull discipline
bull product
bull facility
bull evaluation
bull function
bull environment
bull language
bull geographical area
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THE CONCEPTS OF PROFESSIONALISM
PROFESSION
bull A learned calling ith specialized 7noledge
bull Performs services ith advanced 7noledge s7ill and udgment in hich
the public trusts
bull gtas public obligation and performs services in the general public interest
bull s bound by an ethical code in its relationship ith the public clientsemployees and colleagues
bull Accepts responsibility to regulate professional members and professionalservices provided to clients and the public
Engineering is a profession that is selfo4ernin and has the authority todiscipline members ho fail to comply ith proper standards of practice andconduct
The engineering profession is
bull highly organized
bull minimum standards of admissionbull regulate the activities of their members amps7illed practice and ethical conduct
bull promote the advancement of 7noledge
Professionals depend on the confidence ofbull the client or employer
bull the public
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ECEENCE
A shared commitment ith your peers to strive for ecellence
ETHICS
Ethics deals ith voluntary actions ta7en by an individual ith sufficient7noledge of options available
The COE OF ETHICS shapes the practice in to important aysbull provides a commonest of values hich offers a reliable professional
product to the public
bull professional relationship of trust ith the public is fundamental
APE$$A COE OF ETHICS
Professional Engineers shall recognize that professional ethics is founded uponintegrity competence dignity and devotion to service
8 P En sall old paramount7 te ealt7 safet$ and ampelfare of te pu1lic and en4ironment
bull They have an obligation to report conditions hich present an
immediate threat to safety health elfare or the environment
bull t should first be reported to the professionals involved then to
corporate or regulatory authorities
PEn sall undertae onl$ ampor tat te$ are competent to perform 1$teir trainin and eperience
bull Professional members should ensure to the best of their ability thatstatements on engineering matters attributed to them properly reflecttheir professional opinion
Stampin and Sinin ocuments8
bull Professionals shall only stamp and sign documents that they haveprepared or that have been prepared under their direct supervision andcontrol
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bull hen or7 is prepared by others they shall only stamp and sign afterhaving thoroughly revieed the or7 and accepted responsibility for it
bull Engineers ho apply their seals or stamps to reports plans or otherdocuments are stating that they understand and are in agreement ith
these documents
bull The absence of a seal or stamp does not necessarily indicate that aprofessional member has not revieed the document not does itrelieve the member from professional or legal responsibility if it can beshon that he or she as involved ith the or7
B P En sall conduct temsel4es ampit interit$7 onest$7 fairness ando1ecti4it$ in teir professional acti4ities
bull A client-s or employer-s interests should be held in high regard gtoeverthe folloing duties ta7e precedencelt
o duty to protect public safety
o duty to the professions under the 6ode of Ethics
o duty to act fairly to all parties hen administering a contract on
behalf of a client or employer
bull Professionals should 7eep confidential all information that is acquired inthe course of their professional duties and that concerns the businessaffairs of present or past clientsemployees
gt PEn sall compl$ ampit applica1le statutes7 reulations and 1$laamps inteir professional practice
bull Professionals should maintain adequate 7noledge of the la relating totheir area of practice
bull esponsible n4ironmntal mana+mnt comutr softar anddiscrimination are a fe of the subects covered under this ule
PEn sall upold and enance te onor7 dinit$7 and reputation of teir professions7 and te a1ilit$ to ser4e te pu1lic interest
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bull Advertisements proposals and presentations should be factual clearand dignified
bull A professional should be careful to give due credit to others
bull nly revie the or7 of another professional hen they have beeninformed unless there is a confidentiality agreement to the client
bull gtelp ET-s
APE$$A COE OF ETHICS
0 P Eng shall hold paramount the DealtD safet6 and elfare of tDe pulic and enironment
B PEng shall underta7e only or tDat tDe6 are competent to perform bytheir training and eperience
F P Eng shall conduct themselves ith interit6 Donest6 fairness and
oGectiit6 in their professional activities
K PEng shall compl6 itD applicale statutes reulations and 62las intheir professional practice
H PEng shall uphold and enhance the Donor dinit6 and reputation of their professions and the ability to sere tDe pulic interest
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COPRI$HTS
9RiDt to cop6
nly the oner of the or7 is alloed to reproduce the or7 or permit others tocopy it
Plaiarism is copying someone else-s or7 and claiming it as your on
Fair ealin +se or reproduction of or7 for private study research criticismrevie or nes reporting
Cop6riDts appl6 to8bull iterar$ ampors boo7s poems pamphlets computer programs
bull ramatic ampors films videos plays scripts
bull Musical ampors compositions ampords and music
bull Artistic ampors paintings draings maps photos sculptures architects
Also to8bull Performer(s performances actors musicians dancers
bull Communication Sinals broadcasters
bull Sound Recordins
6opyright is restricted to the epression in a fied manner amptet recordingdraing of an ideaL it does not etend to the idea itself
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3acts ideas and nes are all considered public property
6opyright does apply tobull $ong
bull )ovel
bull Playbull (agazine article
bull 6omputer program
bull ideo 6assettes (ovies
6opyright does NOT apply tobull $ong titlebull Plot ideabull Play of gtamletbull 3acts in an articlebull )ame of a computer programbull (a7ing a copy of a musical tape amproyalties have been paid already
bull 6opies for educational institutions ampcan 7eep radio and nes tapes for 0 year
bull )onprofit libraries archives and museumshen you create a or7 you automatically have copyright protection providedthat at the time of creation you ere a 6anadian 6itizen or a resident in a countrythat participates in 6opyright rules
Autorsip The person that creates the or7
Oampnersip f you are the creator of the or7 you on the copyright f you
create a or7 hile employed the copyright belongs to the employer ou canlegally transfer your rights to someone else then they on the copyright
uration 6opyright ampintellectual property lasts for the life of the author N H1years
Moral Rits Even if you sell your copyright you still retain moral rightsltThis means that no one including the person ho ons the copyright candistort mutilate or modify your or7 ampchange the ending use for a commercial etc
(oral rights eist for the same length as the copyrightou cannot sell or transfer your moral rights but you can aive them
RE$ISTRATION OF A COPRI$HT
ou do not have to register a copyright to have protection in 6anada
f you choose to register ith the copyright office you receive a certificate hichcan be used to your advantage if your or7 is infringed t is evidence that it is
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your or7 and you are the oner n a dispute you do not have to proveonership
ou send the application to the 6opyright office and you do not send your or7in ou may need to send a copy to the )ational ibrary of 6anada but the
6opyright office doesn-t revie your or7 at all
There is no requirement to mar7 your or7 under the 6opyright Act ou canmar7 it li7e this
)ame ear copy e 4ane oe 09I copy
ou can use this format even if you have not registered your or7
The 6opyright ffice is not responsible for ensuring that your copyright is notbeing infringedCCthis is your ob ou have to launch legal action yourself and
the courts are left to decide
Assinment As the oner you may decide i4e up part or all of $our rits toanother party The assignment may be for the hole term or for ust a certainpart of the term
icense ou as the oner give someone else permission to use your or7 forcertain purposes and under certain conditions but you still retain onership oudo not i4e up $our rits
Ro$alties (oney paid to the copyright oner as commission for sales of theiror7 or permission to use them
Tariffs $et fees that users must pay for using certain copyright material
Collecti4es an organization that collects royalties on behalf of its members
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TRAEMARampS
A trade2mar is a ord symbol or design to distinguish the products or servicesof an organization or person from others t can also represent a reputation
Ordinar$ Mars ords or symbols that distinguish your product or service ampe Giddy+p
Certification Mars identify ares or services that meet a defined standardThey are oned by one person but licensed to others to identify ares orservices hich meet a defined standard ampe oolmar7 APEGGA seal
istinuisin uise identifies the unique shape of a product or its pac7ageampe eggs Egg
A trade name is the name under hich you conduct your business The tradename can be registered under the Trade(ar7s Act only if it is also used as aTrademar7 ampto identify products or services
RE$ISTERIN$ A TRAE2MARamp
The Reistered Trade2Mar is one that is entered on the Trademar7s registerou are not required to register your trademar7 if you use it for a certain lengthof time you can establish onership by 6ommon a
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bull egistration of your trademar7 gives you the eclusive right to use the mar7across Canada for 8 $ears then you have to rene it
bull t is recommended that you register your Trade(ar7 in case someone elsetries to use it
bull f you fail to use the mar7 for an etended period your registration may becancelled
bull ou can register a trademar7 by filing an application for registration ith theTrademar7s ffice our trade2mar must e used in Canada efore itcan e reistered+
RE$ISTRATION QALIFICATIONS
bull 6annot be primarily your full name or surname ampunless you can prove it is already
identified
bull ou may not register a ord that clearly describes a feature of the product orservice ampseet uicy
bull The ord cannot be clearly misleading ampdeceptively misdescriptive ampe sugarseet if it has no sugar
bull ou may not register a ord that clearly designates the place of origin of theproduct or service or if it misleads the public into thin7ing that the productcomes from there ampParis 3ashions Atlantic 6od but you can use )orth Pole =ananasbecause no one ould epect them to come from there
bull ou can use a disclaimer statement indicating that you are not claimingeclusive rights for certain ords appearing in the trademar7 n this ayyou can use clearly descriptive ords hich are unregisterable on their onampce 6ream in =ob-s ce 6ream
bull )ames of products in other languages cannot be registered ampurstlt is Germanfor sausage
bull 6annot be registered if it consists or a plant variety denomination
bull ou cannot use ords symbols sounds or ideas that are confusingly similar
to a registered trademar7 or a pending mar7 amp2ing og 3ood and 2ing 6at 3oodould be refused
bull ou cannot register a trademar7 that resembles certain official symbolsunless you have the consent of the authority in question
o fficial government symbols
o 3amily coats of arms
o =adges and crests or 6(P
o Emblems and names of ed 6ross or +)
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o 3lags of other countries
o $ymbols of provinces
=efore you try to register your trademar7 do a search and include trade namesas ell
After you have a registered trademar7 to 7eep it you mustLbull Pay the registration fees every 0H years
bull +se the trademar7 in 6anada or it ill be epunged
Assinment to sell or transfer your rights to a trademar7 to another party
Marin ReDuirements The Trade(ar7s Act does )T have anyrequirements but many oners indicate their registration through the folloingmar7s
983214 O registered trademar7
991522 O trademar7$( O service mar7
The Trade(ar7 ffice ill prevent anyone else from registering your trademar7but it is your responsibility to monitor the mar7etplace and ta7e legal action ifsomeone is using your trademar7
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PATENTS
A patent is
bull A document protecting the rights of the inventor
bull A repository of useful technical information for the public
The idea is to promote the sharing of technological information hile giving you amonopoly on your creation
ith a patent the government gives the inventor the right to eclude others fromma7ing or selling your invention
The invention is protected from the day the patent is granted to a maimum of =6ears after the day you filed your application
The Patent ffice then epects you to provide a full description of your inventionso that all 6anadians can benefit from this technology They allo your
application to be open gt montDs from the filing date during the con4ention priorit$ date
Patent applications are made pulic gt montDs after the 6anadian 3iling ate
ou must obtain a valid patent ithin 8 $ear of main te product pu1lic
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A 6anadian patent is only etended throughout 6anada ou must apply forpatent rights in other countries separately
t is important to 7eep your invention secret until your first patent application isfiled in order to preserve your rights to file later in most foreign countries
3or an invention to be patented it must be
bull NO0ET= 3irst in the orld
bull )TIIT= 3unctional and operative
bull INGEN)IT= $ho inventive ingenuity and not be obvious to someones7illed in that area
The folloing items are patentable
bull Product ampdoor loc7
bull A composition ampchemical composition li7e lubricant
bull An apparatus ampmachine to ma7e door loc7s
bull A process ampmethod
bull An improvement on any of these
The idea alone is not patentable t must be reduced to something physical
ou CANNOT patentbull A scientific principle
bull An abstract theorem
bull An idea
bull A method of doing businessbull A computer program
bull A medical treatmentn 6anada patents are given to the first inventor to file an application
f you invent something hile or7ing for an employer on the employer-s timeith the employer-s materials at the epense of the employer the inventionrights still belong to you unless you have been hired by the company to inventpatentable inventions
PATENT APPLICATION
+ $et a Patent Aent
+ Preliminar6 SearcD
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bull ou can do a preliminary search in the online database or visit the Patentffice in person
0+ Preparin tDe Patent Application
bull A patent application must consist ofo a1stract ampbrief description
o specification ampclaims and boundaries of protection
o draampins
3+ File 6our Application4+ Reuest eBamination5+ EBaminer does searcD and approes or oGects+lt+ Respond to an6 oGectionsgt+ Patent ranted or oGected+
CONENTION PRIORIT
(any countries belong to the Paris 6onvention for the Protection of ndustrialProperty
This treaty allos you to invo7e convention prioritylt hich means that your filingdate in one member country ill be recognized by all others provided you file inthose countries ithin the first year
ampe if you file in 6anada in 4anuary B111 you could file up to one year later in most countriesamp4anuary B110 and still receive the same rights as if you filed in B111
PATENT COOPERATION TREAT (PCT)
t provides a standardized international filing procedure for foreign patents hichis shared by our principal trading partners including the +$ 4apan and mostEuropean countriesou may file for a patent in as many as 01I member countries through a singleapplication filed in 6anada
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INSTRIAL ESI$N
An Industrial esin is the features of shape configuration pattern or ornamentapplied to a finished article made by hand tool or machine ampappealing to the eye
There is no time limit for filing an application as long as the design has neverbeen published ampmade public to anyone
ou must file ithin 6ear of going public ith your design or you ill lose youreclusive rights to the design
The advantage of registering your industrial design is that it gives you eclusive
right to your design for up to = 6ears from tDe date of reistration
+nless you register your design you can ma7e no legal claim of onership andhave no legal protection from imitation
nly the proprietor ampcreator of the design may obtain registration unless youhave been hired to develop a design Then the hirer is the proprietor
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Trade Secret industrial 7noho or valuable information acquired by abusiness t could be a
bull formula
bull pattern
bull device
bull compilation of info used to give you an advantage over the competitors
ou cannot registerbull That don-t have visual appeal
bull 3eatures that are hidden from vie or too small to appeal to the eye
bull A method of construction
bull An idea
bull (aterials used in construction
bull 3unction of an article
bull 6olor
ESI$N RE$ISTRATION
The application ill includebull Application forms ampdescription
bull At least one draing or photograph
bull 3ees
The process ill include
bull nitial processing
bull Eamination
bull egistration
ou do not have to mar7 your design in order to indicate that it is registered butmar7ing it gives you etra protection
As proprietor you may ta7e legal action against anyone ho infringes on yourdesign in 6anada but you must ta7e action ithin F years of the incident
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An 9assinment occurs hen you sell all or part of your rights in the designpermanently to another party
ou can 9license another user to allo someone else to use your design but
you still retain onership
To have your design protected in other countries you must apply separately ineach country
ou have 5 montDs to file for 9conention priorit6+ampe you apply to register in 6anada in 4anuary B111 then you have until 4uly B111 to file in other 6onvention countries and receive the same rights as if it ere 4anuary B111
LA FOR PROFESSIONAL EN$INEERS OOamp
CHAPTER 8 Te Canadian eal S$stem
The legal system of 6anada is based on the English common2lalt system andthe English courts of euit6lt system ampudgemade la and is calledCOMMON2LAlt
The 3ederal 6ourt of 6anada has urisdiction over federal matters such aspatents trademar7s and copyrights
Pu1lic aamp deals ith the rights and obligations of government ampcriminal and6onstitutional la
Pri4ate aamp deals ith the rights and obligations of individuals or private organizations ampCONTRACT AN TORT LA
Termsbull itigation lasuit
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bull Plaintiff party bringing the actionbull efendant party defending the actionbull Appellant party appealing the decisionbull espondent party see7ing to uphold a decisionbull Privity of contract legal relationship beteen parties to a contract
bull 6reditor party to hom an amount is oingbull ebtor party that oes an amount to creditor bull $uarantee A guarantees = the debt of 6omp amphen = doesn-t get paid
= goes to 6omp first then to A
bull Indemnification a promise to directly compensate or reimburseanother party for a loss or cost incurred f Aindemnifies = the debt of 6omp amphen = doesn-t get paid =goes directly to A
CHAPTER usiness Oraniations
Sole Proprietorsip an individual carries on business by and for himself andalso enoys the profits and incurs any losses personally
Partnersip an association of persons ho conduct business in common ith avie to profit ndividuals or organizations share profits and losses
Corporation an entity unto itself distinct from its oners ampfictitious personThe corporation itself ons its assets and incurs its on liabilities
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CHAPTER B International Considerations
t is etremely important to obtain advice from an appropriately eperiencedlayer in the foreign country or have the advice of a consultant in that countryt is ise to purchase political ris7 insurance and to use careful udgment together ith a local influential partner
$ome potential ris7s of or7ing internationally are
bull Political Ris is one of the more obvious ris7 factors in or7inginternationally The 6hanges in government can lead to significant policychanges
bull Licensin reuirements and obtaining necessary permits and approvalsin a foreign country under different legal systems can be timeconsuming
bull Financial Riss due to currency echange and controls or restrictions onthe transfer of funds out of the country
bull Contract documents and forms used on proects may be different
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CHAPTER gt Tort ia1ilit$
Tort8 generally refers to a private or civil rong or inury one that involvesnegligence and that may arise independently of contract ampcar driver and victim
amphich includes financial loss hen based on a professional-s opinion
The fundamental purpose of tort la is to compensate ictims of tortsPunishment of negligent rongdoers IS NOT a purpose of tort la
Professional liability insurance should provide protection if an engineer-snegligence results in damage arising in tort
n order to satisfy the courts that compensation should be made the plaintiff in atort action must prove that
bull The defendant oed the plaintiff a duty of care
bull The defendant breached that duty by his conduct
bull The defendant-s conduct caused the inury to the plaintiff
f any 0 of these F aspects is not proven to the satisfaction of the courts theplaintiff ill not in
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A significant factor in a tort action is the establishment of the standard of carerequired of the defendant
The standard is applied based on the premise that engineers have a duty to use
the reasonable care and s7ill of engineers of ordinary competence Thereasonable carelt is measured by applicable professional standards of theengineering profession at the time the services ere performed
Strict ia1ilit$ manufacturers and employers are held strictly liable hen faultis not necessary if compensation is to be provided ampnot yet upheld in 6anadaampe All employees ma7e contributions on behalf of employees and if someone is inuredcompensation is provided ith no finding of faultampe A manufacturer may be strictl6 lialelt if for any damages that result from the use of theirproduct
0icarious ia1ilit$ The employer is responsible for damaged caused by its
employees The employer provides compensation because it is presumed thatthe employer is in a better financial position than the employee
Concurrent Tortfeasors hen more than one party is liable in a tort actionThe defendant-s together are called concurrent tortfeasors
Products ia1ilit$ The plaintiff must be able to establish that damage hasclearly resulted from appropriate use of a product and the defendantmanufacturer must then persuade the court that at the time the manufacturercould not have foreseen the defective nature of the goods manufactured6anada has not yet ta7en a strict liability approach on products as the +$ has
Products liability has developed through principles of both contract la and tortla The tort concept of fault has been applied and implied contractualarranties that the product is effective and the contract of a sale must also eist
n productsliability matters economic losses ampin the absence of physical inurymay in some circumstances be recoverable
Standards of Care and ut$ to 5arn A manufacturer must arn theconsumer of any dangerous potential of the product by appropriate labeling
Oter Tortsbull Tort of defamation8 ampif the statements that damage the reputation are true there is
no liability
o ibel D in riting
o $lander D verbal
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bull Occupiers Liailit68 The occupier of a property must eercise therequired standard of care to ensure the safety of individuals coming ontothat property
bull Tort of Nuisance8 esigned to alleviate undue interference ith the
comfortable and convenient enoyment of the plaintiff-s landampe insecticide spray drifting onto other land
CHAPTER Proof
The burden of proof is on the plaintiff to prove the case against the defendant
Engineers often find themselves ma7ing appearances as eBpert itnesses incourt
The epert is permitted to epress opinions ith respect to his or her area ofepertise and the itness should be cautious and restrict testimony to such
area
ou ill be hired by one side and crosseamined by counsel from the otherparty
Preparation is of the utmost importance in litigation The epert itness shouldclearly understand the issues in the lasuit and be aare of the scope ofquestions that can be reasonably epected
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CHAPTER 28 Contracts
3or a contract to be binding and enforceable the folloing elements must bepresent
bull An offer made and accepted
bull (utual intent to enter into the contract
bull 6onsideration or offer ampan echange of promises each promise representing
something of valueCpayment of money is not essential
bull 6apacity to contract ampcan-t be a minor drun7 or crazyCenforceable by the drun7 if
the other party 7ne they ere intoicatedbull aful purpose 6ontract on-t be enforced if it is unlaful
An offer is a promise made by one person to another
)ot all contracts are in riting
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+ntil it is accepted the offer may be ithdran by the offeror unless it is madeepressly irrevocable by its terms
Irre4oca1le Offers =idders submit offers or tenders that have been madeirrevocable for a specific period of time At any point during that period the offer
may be accepted and a contract ill be formed
Option Contract This contract is another means of 7eeping an offer open for acertain period of timeampe The party purchasing the option may ant do eploration or7 for a period of time beforedeciding to spend a large sum of money on the property
EDuita1le Estoppel A udge can stoplt the strict terms of a contract from beingfolloed if it is proven that the terms had changed outside of the agreementampoften used hen etensions to deadlines are agreed upon and then the person tried to go bac7to the original ritten contract
Pursuant to contract la consideration ampor a seal must be present in order toma7e a change to a contract enforceable D otherise it is ust a promise not laThe courts protect the person in the situation here a promise is ta7en as fullagreement
Statute of Frauds Ensures that certain types of contracts must be in riting tobe enforceable
Rectification This order can be applied for to rectify a contract because of asecretarial or recording mista7e
)nilateral Mistae A mista7e made by only one party to a contract 6ourts illdecide hether a contractor ill be relieved of their mista7e
CHAPTER 8 Tenderin Issues Contract A
a of tendering in 6anada gives the principle that there are B separatecontracts that arise in the tendering process
0 Contract A D the contract of irrevocability ampthat deals ith the tenderingphase
B Contract D the construction contract ampapplies to the construction phase
The number of number of tenders submitted is the number of 6ontract A-s thatare formed
The original tender pac7age contents cannot be changed ithout notifyingeveryone or you are in =reach of 6ontract A
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CHAPTER 82 Contract Interpretation
Parties to a contract sometimes dispute the meaning of part of the contract Todifferent approaches can be ta7en hen interpreting contracts
bull i1eral Approac ta7es into account the intent of the parties and maylead to speculation on that intent
bull Strict Approac focuses on the precise ords in the agreement andmay rely on dictionary meanings
Contra Preferentem hen a contract is ambiguous or unclear it ill beinterpreted against the person that rote it up
Parol E4idence Rule hen verbal agreements outside of the ritten contractare included as rule in a contract n most cases if a condition is agreed uponverbally but is not included in the contract then the condition is not part of thecontract
Implied Terms hen the inclusion of obvious terms of a contract have beenoverloo7ed here it is reasonable implied terms may eist in a contract
CHAPTER 83 iscare of Contracts
There are several ays to discharge a contract
bull Performance hen all parties have completed their respectiveobligations the contract is at an end
bull Areement to iscare Parties in a contract are alays free to amend
the contract or agree to cancel or terminate the contract upon mutuallyagreed terms
bull iscare Pursuant to Epress Terms t is advised to include in acontract terms here all parties may terminate the contract if certainoutside events ere to occur ampe ban7ruptcy
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bull iscare 1$ Frustration hen changing unforeseeablecircumstances occur that may radically change the obligations of theparties
o Force Maeure Provides that the time for completion ill beetended in the event of ar riot flood labor dispute or other
events that are beyond the control of both parties
bull iscare 1$ reac of Contract ne party fail to perform obligations
o iscare 1$ Repudiation hen the party to a contract
epressly tells the other party that they have no intention ofperforming contractual obligations
CHAPTER 86 reac of Contract
f a party to a contract fails to perform obligations specified in the contract thenthat party has breached the contract
The innocent party is entitled to certain remedies depending on the nature of thebreach and the terms of the contract
Condition an obligation that is essential or vital to the contract5arrant$ an obligation that is NOT essential or vital to the contract
A =reach of 6ontract is a cause for discharge only if its effect is to render itpurposeless for the innocent party to proceed further ith performance
Repudiation hen the party to a contract epressly tells the other party thatthey have no intention of performing contractual obligations
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REMIIES
A nondefaulting party is entitled to damages for losses incurred as a result of abreach of contract
irect amaes Actual calculated difference in the cost of having to chooseone service over the other ampthe loest bid is chosen and then they refuse to do the or7so the second loest bid is chosen and the party sues for the monetary difference beteen theloest and second loest bid
Indirect amaes Are consequential to the breach and might include damagesfor lost profits or damages incurred if the contract is not fulfilled
iDuidated amaes Are preestimated damages if certain events ere tooccur that are ritten into the contract under a Penalty 6lause
ltuantum Meruit hen services have been requested and performed but nooutside agreement as reached beteen the parties as to hat payment ouldbe provided in return for the services then the courts can aard the person ithas much as is reasonably deservedlt for time spent and materials supplied
Su1stantial Compliance hen a contractor has substantially complied iththe terms of a contract yet failed to comply ith some minor aspect of thecontract The contractor ill be paid the contract price minus the cost ofdamages caused by the minor problems
Specific Performance hen the courts require a party to perform a contractual
obligation li7e the sale of land or a personal item
Inunction A court order that prohibits or restrains a party from performing anactCHAPTER 9 Fundamental reac
Applies to a contract that contains an eemption clause amphere parties limit theirliability if a breach of contract results and ma7es the eemption ineffective
CHAPTER 8 Areement etampeen Client and Enineer
A contract beteen a client and an engineer must include all of the essentialcontract elements
The document ill not specify the degree of care that is required of the engineerin carrying out the services =ut the engineer is liable for incompetence
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carelessness or negligence that results in damages to the client and for notperforming ith an ordinary and reasonable degree of care and s7ill
CHAPTER Concurrent ia1ilit$ in Tort and Contract
+nless otherise stated in a contract the standard of care epected of anengineer doing a ob is the same standard of care by hich an engineer-sperformance is measured in tort
3or a breach of contract there is a limitation period of I years from date of thebreach in hich to press charges instead of hen it is discovered
n tort the limitation period in hich to press charges starts hen the damagesare first detected
CHAPTER 3 Ar1itration and AR
A lasuit is not alays the best ay to resolve a dispute beteen contractingparties especially technical disputes
Ar1itration or Alternati4e ispute Resolution +AR- t is less costly and lesspublic than litigation
An engineer that is an arbitrator is epected to act impartially and independentlyof the parties to the dispute
The Arbitration Act deals ith the appointment of an arbitrator and sets out astructure or set of rules to govern the conduct of an arbitration unless the partiesagree that some other structure or rules ill apply
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The Act also gives arbitrators the urisdiction to aard preudgment and post udgment interests ust li7e the courts have under the 6ourts of 4ustice Act
Partnerin intended to respond to the need for improved attitudes amongstindustry participants to the importance of teamor7 on proects
This cooperative attitude should assist in resolving proect disputes at an earlystage
) TGAT) and A=TAT) result in a 4+G(E)T TgtAT $=))G
Proect Neutral (proGect manaement oerie) The companies appoint a
proect neutral usually an independent professional eperienced in the industryto be aare of developments on the proect ith a vie to offering unbiasedadvice and decisions
Mediation esolving disputes through the negotiating process involving amediator ho is to provide guidance and to facilitate the settlement process agobeteenlt in communicating proposed settlements
There is no udgmentL the parties need to or7 out their differences
CHAPTER BB Industrial Propert$
Industrial Propert$ Rits ights that generally relate to patents trademar7scopyrights and industrial design
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bull loyal employee ith high ran7 and high quality
CANAIAN PROFESSIONAL EN$INEERIN$ PRACTICE ANETHICS OOamp
CHAPTER Reulation of te Enineerin Profession
Associations use their on provincial Professional Engineering Act to set up andgovern
bull Reulations rules set up to support the Actampe 8ualifications for admission professional conduct
bull $laamps rules to administer the Associationampe (ethods for electing members financial statements committees
bull Code of Etics rules of personal conduct to guide engineers
Engineers regulate their profession by electing the maority of members to the Association 6ouncil amphich also contains members appointed by the provincialgovernment and by voting on the regulations and bylas passed by the council
The Association admits applicants into the profession by registering them asmembers and granting them their license to practice after they meet the folloingrequirements
bull 6itizenship amp6anadian or permanent resident
bull Age amp09bull Education ampmust graduate from a recognized accredited university
bull Eaminations ampPPE
bull Eperience ampevaluated on nature duration currency quality
bull 6haracter
EN$INEERS SEAL
The engineer-s seal means that documents have been prepared or approved bythe person that sealed them
The engineer ho prepared them or supervised their preparation should sealthem not the one ho chec7edlt them Alberta engineers are no permitted tostamp the or7 of others provided that they thoroughly revie the or7 andecept full responsibility for the or7
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EN$INEERIN$ COE OF ETHICS
Each code defines the duties of the engineer to the public employer felloengineers to the profession and to yourself
The purpose of the code is to protect the public from bad engineers
CANAIAN CONCIL OF PROFESSIONAL EN$INEERS (CCPE)
6oordinates the profession on a )ational level using the folloing committeesbull 6anadian Eng Accreditation =oard ampuniversity accreditation
bull 6anadian Eng gtuman esources =oard ampcollect data for profession
bull 6anadian Eng 8ualifications =oard ampqualifications to enter profession
bull 6anadian Eng Public Aareness =oard ampraise aareness
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CHAPTER Enineerin Etics
ETHICAL THEORIES
Mill(s )tilitarianism the best choice in a moral dilemma is that hich producesthe maimum benefit for the greatest number of people ampdemocracy
ant(s Formalism +ut$ Etics- each person has a duty to act ethicallygtappiness is the result of good ill the desire to individually do your duty and follo all the rules
oce(s Rits Etics everyone has rights The right to life human dignityand liberty hich must be recognized by others and not stomped on
Aristotle(s 0irtue Etics choosing the happy mediumlt
COE OF ETHICS
A decision that gives a benefit to you it is a conflict of interest our decisionsmust not only be ethical but must be seen by others as ethical
The codes are statements of general principals folloed by instructions forspecific conduct and emphasize the duties that an engineer has to
bull Societ$ this is the most important Engineers have a duty toprotect the safety health and elfare of society
bull Emplo$ers to act fairly and loyally and to 7eep business confidentialou must also disclose any conflict of interest that may arise
bull Clients
bull Colleaues act ith courtesy and good ill
bull Emplo$ees and Su1ordinates recognize the rights of others
bull Enineerin Profession (aintain dignity and prestige
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bull Oneself payment or7 conditions strive for ecellence and maintaincompetence
CHAPTER 2 Etical Pro1lems of Enineers in Industr$
The employer clearly does not have the authority to direct an engineer to brea7the la The engineer should advise the employer that the action is illegal andrefuse to do it
The employer cannot direct an engineer to violate the code of ethics Theengineer should advise the employer of the section of code and decline to ta7eaction
The employer cannot as7 an engineer to do something that contravenes theengineer-s conscience or moral code The engineer must
bull Gather all relevant information
bull efine the ethical problem
bull Attempt to see the problem from the employer-s point of vie
bull Generate and eamine alternative courses of action
bull 6onsider personal consequences
ETHICAL PROLEMS IN THE INSTR (CASE STIES)
+ ACCEPTIN$ A ETTER O OFFER---
Already accepted a ob a better ob is offered B ee7s laterCC
bull Ta7e the better ob
bull Tell the first ob that she is ta7ing the better ob but offer to pay for recruitmentfees ampcompromise D it ac7noledges ethical duty maimizes benefits
bull 2eep the original ob
+ SEEampIN$ EMPLOMENT ELSEHERE---
or7ed for same company for F years all trained but boredCC
bull f training too7 one year you should or7 there at least 0B years aftertraining so the company can realize its investment
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0+ E1TRA PART2TIME EMPOMENT ON THE SIE---
bull nform the main employer to see if it is 2
bull Employee must sho fairness and loyalty to the employer
bull )o conflict of interest ampno competing on same contractsbull Parttime or7 should not reduce employee-s efficiency for main ob
3+ SHOL EN$INEERS OIN LAOR NIONS---
bull es as long as the engineers are no managers in the company
bull t might be better to inform management of their dissatisfaction ith theirsalaries and negotiate individually or as a group Then see7 legal advice
4+ FALSE EN$INEERIN$ ATA IN AERTISIN$---
The elfare of the general public is the most important
bull nform the engineering manager
bull ecide to or7 for change ithin the company be the histlebloer or quit
5+ ISCLOSIN$ CONFIENTIAL COMPAN INFORMATION---
ou 7no that something is dangerous but you hear of a competitor that is going
to use itCC
bull Tell your employer first and determine the best ay to tell 6ompany =
bull ou must tell 6ompany = about your findings and potential problems tosave the public
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CHAPTER 3 Etical Pro1lems of Enineers in Manaement
bull )nlicensed Personnel using them to carry out professional engineeringor7
bull Misuse of Enineerin Title
bull Re4ieampin 5or and E4aluatin Competence engineers should notunderta7e or be assigned or7 that is not ithin the competence level of theengineer
bull 5or Re4ieamped for Accurac$ engineers have other engineers chec7 theiror7 only ith their 7noledge
bull 5or Re4ieamp to Assess Competence engineers have revies as long asthey are informed that it is happening
bull iscrimination in Enineerin Emplo$ment
Computer Pro1lems security infringement of copyrights incorrecttransmission errors and bugs softare piracy
ETHICAL PROLEMS OF MANA$EMENT (CASE STIES)
+ NLICENSE EN$INEER PRACTISIN$ IN A NE PROINCE---
f you have a valid license from another province you need to apply for a neone right aay in the ne province ithout a valid license in the province youare or7ing in your or7 should be supervised by another engineer
+ OFFENSIE LAN$A$E TO THE P AT THE COMPAN PICNIC---
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ou can-t fire someone for an alternation at a social event There must be arecord of continual insolence and insubordination ou should refuse to fire himin riting and give him a reprimand instead
0+ CONFLICT OF INTEREST---
ou are on a committee that is deciding to revise specifications These revisionsill help out your company and the committee chair-s company but ill ma7e ithard on competitorsou must tell the committee of the conflict of interest
3+ ERRORS IN EN$INEERIN$ PLANS OR SPECS+---
ou notice errors in design hen your role is supposed to be in manufacturing
ou should phone the client and tell him about it and then follo up ith a letterand then proceed ith the fabrication after you get ritten conformation from theclient f the errors may cause harm to the public you must report it
4+ ampEEP PRELIMINAR ATA SECRET NTIL AFTER SHAREHOLERSMEETIN$---
t is ethical to 7eep preliminar6 results secret until the final results are 7non forcertainty
5+ ACCONTAILIT IN A NE O HERE PREIOS MANA$EMENTHAS TAampEN NO ACTION AN NO O ARE ACCONTALE
ou are alays responsible to act ith professional integrity and high ideals
bull 3irst tell the person ho is committing the misconduct nclude thebenefits of dealing ith the situations and the consequences of notdealing
bull Then suggest that together you discuss the matter ith senior
management or the Associationbull 3inally if you have no choice go alone to senior management or get
advice from the Association
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CHAPTER 6 Etical Pro1lems of Enineers in Pri4ate Practice
THE CLIENT 7 CONSLTANT RELATIONSHIP8
The consultant ampengineer is usually hired to monitor an engineering proect li7ethe construction of something This creates a relationship beteen the
contractor ampdesigner or builder the consultant ampengineer and the client amponer
Independent Model The client eplains the problem and hands all decisionma7ing over to the consultant =ad because the client can-t ma7e any choices
alanced Model The consultant ma7es recommendations and provides theengineering advice but the client chooses the path to follo This is the middle of the spectrum
Aent Model The consultant ta7es orders from the client This doesn-t use anyof the engineer-s 7noledge
AERTISIN$ EN$INEERIN$ SERICES
Engineers can only advertise through factual representation ithouteaggerationlt
ou cannot use the engineer-s seal or association-s seal in any form ofadvertising
SE OF THE EN$INEERS SEAL
The Act requires that all final draings specifications plans reports and otherdocuments involving the practice of professional engineering must be datedsigned and sealed
t is not optional to use the seal
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(ost documents state that they ere prepared or ceced and appro4ed bythe person ho sealed them
The seal is legal because it indicates that the person accepts responsibility forthe accuracy of the documents and implies that the person has a thorough
7noledge of the proect to hich the documents relate
o not seal anything that you are not illing to accept full responsibility for
9CHECampIN$ EN$INEERIN$ OCMENTS
Ceced the documents ere prepared by someone under the directsupervision of the person ho signed and sealed them
ou can seal the or7 of others ampnot under direct supervision provided that you
thoroughly revie the or7 and are illing to accept full responsibility
o not assume responsibility for or7 that is beyond your area of epertise or for or7 that you have not thoroughly revieed for accuracy
PREPARATION AN APPROAL
f one engineer prepared the draing and another engineer must approve itthen 1ot seals should appear on it therise only the approving engineershould seal it
f final draings cover more than one discipline then they should be sealed bythe approving engineer ampchief and by the design engineer for each discipline
ETAILE RAIN$S
The engineer generally has responsibility for a proect as a hole and theengineer-s seal must appear on maor reports specifications or draings thatdescribe the proect ou are not epected to seal every draing but they allmust be prepared under the engineer-s control and supervision and you assume
responsibility for all of them hether they are sealed or not
MASTERS AN PRINTS
The master draings must be complete since they are the maor reference fordesign and construction fabrication
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The time to seal a draing is hen it is approved and released for fabrication orconstruction
ou seal te copies7 not te master That ay the prints can be chec7ed formodifications hen sealed
ETHICAL ISSES
Confidentialit$ The engineer has a clear obligation under the code of ethicsto 7eep affairs of the client confidential
Conflict of Interest here the engineer has an interest that interferes ith the
service oed to the client The engineer must disclose any personal interestthat there may be
Re4ieampin te 5or of Anoter Enineer The engineer should be informed hen his or7 is being revieed but it is not necessary to receive permission todo so The elfare of the client or the general public must come before thepersonal ishes of the engineer
Supplantin 6onvincing the client to fire their engineer and hire you instead isunethical
reac of Contract ampcivil liability a failure to complete the obligations specifiedin a contract ou can get protection for this ampliability insurance
Nelience ampcivil liability a failure to eercise due care in the performance ofengineering There is NO protection for this
ETHICAL PROLEMS OF EN$INEERS IN PRIATE PRACTICE (CASESTIES)
+ ORampIN$ AN OTIN$ ON PLANS FOR A STREET-----
ou cannot vote on hether a proect should be accepted if you are involved inbidding on the proect ou must disclose your involvement and abstain fromvoting and participating in the decision ma7ing process
+ ENORSIN$ A PROCT ON T---
t is seen as unprofessional and a conflict of interest
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0+ LE$AL SETTLEMENT AN EIN$ PAI ON THE OTCOME---
As an epert itness you are giving your professional opinions The amount youma7e ampcontingency ill be dependent upon the outcome of the case Getting
paid this ay is a conflict of interest since there is personal benefit based on theoutcome ou should accept a flat rate fee
3+ ORI$INAL SEALE RAIN$S CHAN$E INSPECTION---
ou don-t sign and seal the originalConly the copies so that modifications areevident f the proect isn-t to original specifications the calculations must bedone from scratch and nothing is to be done until they are complete
4+ RECIN$ OR FEE IF THE OECT HAS ALREA EENESI$NE FOR SOMEONE ELSE EFORE---
Establishing fair and reasonable fees depends on
bull evel of 7noledge and qualifications required
bull ifficulty and scope of the assignment
bull esponsibility that the engineer must assume
bull +rgency ith hich the or7 must be completed
bull Time required
ou should not loer your price to produce a similar design for 6lient = but if
6lient A anted a second building that as the same as the first then a smalldeal could be made
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CHAPTER 89 Te Enineer(s ut$ to Societ$ and te En4ironment
T TO SOCIET8
ou must put the greater good of society ahead of personal gain
The to environmental problems that have accompanied the industrialization ofour society
bull Proliferation of MacineMade Haards +sing highays aircraftnuclear poer toic chemicals more often ma7e it more dangerous
bull eradation of te En4ironment The lifestyle of industrialized nations
requires a high energy usage to maintain it The consumption of fossilfuels and the careless disposal of aste has deteriorated the environment
o 5aste isposal
o Air Pollution SO2 ndash from coal combustion (London) NO x ndash cars (LA) CO
Photochmical oxidants (sun) oon PAN Proxactl
nitrat
o Acid Rain
$amp harmful to fish at amp
o 5ater Pollution
isascausin+ bactria
Or+anic ast dcain+ in th atr
-rtilirs
oxic matrials ( PC) Acidification
0ast hat
A+ricultur ndash ind carris sticids salt frtilirs and
nitro+n to th atr
o Glo1al 5armin and Oone epletion +Greenouse Effect-
CO2 C$ NO2 O1 Chlorofluorocarbons
o Ener$ Conser4ation and Nuclear Poamper
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o Eponential Population Groampt
The good of society is determined on a utilitarian basis D creating the maimumgood for the maimum number of people
=efore reporting an incident to the Association
bull Informal Resolution 3irst the engineer should try to resolve problemsinformally and internally in an open and professional manner
bull Confidentialit$ f it is necessary to report a situation never report it to thepublic or media Alays report it to the Association or proper regulatory body
bull Retaliation ou cannot be fired for reporting a situation ou can file alasuit to recover lost ages and costs
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CHAPTER 88 Enineerin Case Histories
+ THE QEEC RI$E ISASTER
pened in 00 the longest cantilever span in the orld
=ridge as redesigned ith a larger span and the dead eight calculations erenot redone
Then there as a material failure in a bearing casting that temporarily supportedthe central span hile it as being transported and lifted into place
essons earnedbull ou have to have enough money to pay all the people to do their obs
properly for large proects before you start them amp(r 6ooper as not paid nearlyenough to do the etra or7 to redesign nor as he really competent
bull gtire capable competent professionals ampnot old or sic7 that can-t visit the construction site
bull 6learly define duties authorization and responsibility of professionalpersonnel
bull iscuss all design decisions and technical problems openly and listenreceptively amp3or F ee7s the chief engineer tried to contact 6ooper about the strangebending of some steel parts and recommended some changes be madeC6ooper didn-tlisten
bull evie details especially engineering design calculations amp6ooper did not redothe calculations for dead eight after he changed the length of the structure
bull (onitor or7 on the site adequately amp6ooper as too old and sic7 to monitor any ofthe building or fabrication
bull
Ensure that communication is rapid and accurate ampt too7 F ee7s for the chiefengineer to reach 6ooper ith his concerns
bull Provide adequate support staff for good money
+ THE ANCOER SECON NARROS RI$E ISASTER
4une 0H9 to spans of the cantilever bridge collapsed
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t as caused by the faulty design and eventual collapse of a temporary toersupporting the partially completed bridge
The additional time and material needed to reconstruct the damaged portions ofthe bridge
essons earned
bull 6onsulting engineers should recommend alloable stresses for temporaryconstruction support structures
bull The contractor should be required to submit all construction plans andcalculations for approval prior to construction
0+ THE ESTRA MINE ISASTER
(ay th 0B mine ble up and 7illed BI miners
The floor roof and sides of the road should have been cleared and treated ith
stonedust and proper ventilation procedures should have been folloed despitedelayed production
essons earned
bull Production demands resulted in the violation of basic and fundamental safemining practices
bull (anagement ignored or encouraged many hazardous and illegal practicesincluding 0Bhour or7 shifts improper storage of fuel refueling vehiclesunderground using nonflameproof equipment
bull The methane gas from the coal needed to be properly ventilated out of themine
bull Proper permits and changes to the mine plans ere not approved by theproper authorities
bull ritten orders to stonedust and to clean up the mine ere not folloed
3+ THE LO$EPOLE ELL LOOT
ctober 0Jth 0B a sour gas Amoco ell ble out and they could not get itbac7 under control
The initial 7ic7 occurred primarily because drilling practices during the ta7ing ofcores ere not folloed and this combined ith the marginally adequate muddensity used permitted the entry of reservoir fluids into the ellbore
They lost control of the ell and then it started on fire from some (us7eg thatas burning underground
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There ere also some equipment failures that attributed to not being ale tocirculate the 7ic7 out quic7 enough
essons earned
bull Amoco did not apply the necessary degree of caution hile carrying outoperationsbull )eeded to be fully prepared in the event of a fluid influ
4+ THE RE21 MININ$ FRA
The samples had been saltedlt D adding minerals li7e gold here none eist
essons earned
bull The chief geologist had a responsibility to sho due diligence in safeguardingthe core samples and ensuring that the gold assay as properly done Thatthe gold content based on the samples as accurately calculated and thatthe doublechec7s ere made to confirm the results
bull This emphasizes the critical dependence of the mining and resourceindustries on professionals ith high ethical standards
5+ THE CHALLEN$ER SPACE SHTTLE E1PLOSION
n 4anuary B9 09I the accident as caused by hot gases bloing past one ofthe seals in the roc7et boosters The seal had been unable to do its ob properlybecause of the unusually lo temperature in 3lorida on the day of the launch
The manufacturer of the boosters had this information but had decided to goahead ith the launch anyay
essons earned
bull n an enormously large organization it is easy for decision ma7ing to fall
through the crac7s
bull t is very easy for engineers to fall into the comforting belief that they arefolloing a conservative course hen in fact they are deviating intodangerous territory
bull isasters are easy to create D safety comes hard
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lt+ THE C2= PASSEN$ER AIRCRAT ISASTER
n 0JB a cargo door latch failed and the door ble out of a 601 over indsor) and the eplosive decompression of the cargo compartment caused part of
the cabin floor to collapse
This opened a large hole in the bottom of the fuselage and severed most of thehydraulic lines hich caused the loss of control of the rudder and aileronsEveryone landed safely that day
n 0JK another 601 over Paris lost its cargo door The decompression ofthe cargo compartment again caused the cabin floor to collapseL control of theailerons and rudder ere lost and the plane crashed 7illing FKI people
essons earned
bull The 3AA failed in its role of safety atchdog t certified the cargo doordesign in spite of the failure during the ground test Then after the neardisaster over indsor they merely advised the airlines to follo themanufacturer-s service bulletin rather than issuing a directive that ould haverequired all 601-s to be retrofitted
gt+ TO1IC POLLTION8 LOE CANAL MINAMATA HOPAL SR
mproper disposal of toic or environmentally harmful aste
Loe Canal Ne or 7 ioBin
bull n 0HF gtoo7er 6hemical 6orporation dumped over 09111 tons of chemicalaste including dioins until the canal as flat land again
bull Then they donated the land to the =oard of Education but said nothing aboutthe chemicals buried there
bull Eventually the chemicals ere discovered in 0JI and the area asevacuated and treated
bull Total cost of the cleanup as MBH1 million and gtoo7er asn-t liable for any ofit because of their contract hen they donated the land
Minamata a6 apan 7 Mercur6 Poisoninbull n 0FB the 6hisso 6ompany a nitrogen fertilizer company began producing
acetaldehyde (ercury as needed as a catalystbull uring the production process a portion of the mercury as lost D ashed
into the =ay ith the aste aterbull The organic mercury as absorbed by the shell fish and eventually eaten by
people
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bull =y 0IB it as estimated that about B11 people had contracted (inimatadisease
Dopal India 7 MetD6l Isoc6anate
bull n 09K a poisonous cloud of methyl isocyanate gas escaped from the +nion
6arbide plant 7illing thousands of people up to I 7m aaybull The incident happened hen a or7er as cleaning a pipe ith ater and the
ater mied ith the chemicals and over pressured the tan7s causing them torelease the gas
Sudur6 Ontario 7 SulpDur ioBide
bull )ic7el that is mined in ntario is in the form of sulphied ore and cannot be
directly converted into metallic form t must first be smelted D burned toremove the sulphur hich is done in huge open roastslt hich emitted huge
toic clouds of sulphur dioidebull $ulphur ioide hen dissolved in ater became acid rain
bull This devastated the area around the plantL trees are stunted and sparsela7es have no fish no bird life
bull $ince then about F111 hectares have been reclaimed
essons earned
bull Each of these incidents involves ignorance carelessness or incompetenceand most involve an arrogant lac7 of ethical action
bull6onsequences of negligence can be terrifying
+ NCLEAR SAFET
TDree Mile Island
(arch B9 0J a routine maintenance operation a pressure valve stuc7 openalloing radioactive ater to escape from the system for more than B hoursleaving the reactor core partially uncooled
(ore than 0F of the reactor core had melted and fallen to the bottom of thereactor vessel Than7 goodness the molten mass did not burn through thebottom of the reactor to penetrate the ground ater table ampin a cynical version ofthis story the molten mass continues to burn through the interior of the earth untilit emerges in 6hina ampThe 6hina $yndrome
t as not a disaster for the public but the unit as destroyed and the cleanupcost nearly M0 billion
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CDerno6l
April BI 09I reactor number K eploded releasing a huge cloud of radioactive
plutonium cesium and uranium dioide into the atmosphere
Accident occurred during a lopoer test =ecause of the design during loerpoer the ater in the core decreases
To date the number of related deaths is beteen J11101111 They aiteddays even ee7s to admit that it had eploded and they too7 even longer toevacuate the peopleessons earned
bull The possibility of disaster might be very small but it is not zero
bull $uch responsibility should never be treated casually
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CHAPTER 8 Product Safet$7 ltualit$ and ia1ilit$
NE$LI$ENCE AN LIAILIT
Engineers are liable for negligent incompetent or careless acts that result indamages to others including the employer
Engineers are required to use reasonable care established practices and elltested engineering principles
Nelience an act or omission that constitutes a failure to maintain thestandards that a reasonable and prudent practitioner ould maintain in thecircumstances
ITH A CONTRACT8
bull )egligence incompetence or carelessness may be a basis for a lasuit overbreach of contractlt
bull t is good practice to consider all reasonable ays in hich an agreementmay go rong foresee damages and include clauses that specify bonusesfor good results or limits to liability
ITHOT A CONTRACT8 (driin)
bull (ay result in legal liability based on tort la ampinuries or damages
bull To in a claim under tort la the plaintiff must prove
o that the defendant had a duty of care to the plaintiff
o that the defendant breached that dutyo that the loss or damage as a direct result of the defendant-s breach of
duty
iability insurance is a ise investment t is essential for manufacturers thatemploy engineers because of
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0icarious ia1ilit$ the engineer-s employer is liable for any loss or damagethat results from a tort caused by an employee The engineer is protectedfinancially but not from disciplinary action by the Association
PROCT ARRANTIES
5ARRANT= applies to goods and products
bull Epress 5arranties promises that the product has a certain quality or itill perform for a certain period of time
bull Implied 5arranties unstated promises that eist as a matter of common
sense A certain amount of quality or function that is epectedltSTRICT LIAILIT
Product defects and consumer safety the focus is on the product itself and noquestions of negligence arise
A manufacturer may be strictly liable for any damage that results from the use ofhis product even though the manufacturer as not negligent in producing it
G)ARANTEE applies to services and agreements
AICE TO ESI$N EN$INEERS TO AOI PROCT LIAILITIES
bull Formal esin Re4ieamps conceptual feasibility and finalbull Codes and Standards adhere to all government industry and company
standards and codesbull Stateofteart esin Metods ma7e choices that lean toard safety
bull Formal Haard Anal$sis identify hazards try to prevent or eliminate actionplan remedial action
bull Formal Failure Anal$sis 3ailure (odes and Effects Analysis amp3(EA and3ault Tree Analysis amp3TA
bull esin Records 2eep good design records to shoe planning for safety
AICE TO MANFACTRERS
bull ltualit$ Assurance and Testin $ 111
bull Instruction7 5arnin and aner Sins f dangers do eist plan forproper signs to give arnings of danger
bull Instruction Manuals Any product that is dangerous should come ith aservice or instruction manual
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bull 5arranties7 isclaimers and oter Pu1lised Material evie allinformation ith the design engineer and by a products liability layer
bull Consumer Complaints nvestigate claims quic7ly to fi problems early
bull Customer Records gtave good records in case of a recall
OTAININ$ CANAIAN STANARS
6hec7 ith the $tandards 6ouncil of 6anada amp$66 They promote efficient andeffective standardization in 6anada
The $66 manages the )ational $tandards $ystem amp)$$ The )$$ ritestandards certify products test products and register quality systems ofcompanies amp$ 111
The $66 coordinates the 6anadian contribution to $ ampnternational
rganization for standards and E6 ampnternational Electrotechnical 6ommission
ISO === 7 QALIT MANA$EMENT AN QALIT ASSRANCESTANARS
t is a standard for effective management of a manufacturing corporation in orderto maimize the quality of the manufactured products
A 7ey part of the process involves the development of a ualit 3anual thatdocuments the four 7ey aspects of the certification process
bull quality policies for every aspect of the corporation-s operationsbull quality assurance procedures
bull quality process procedures
bull quality proof
ISO 3=== 7 ENIRONMENTAL MANA$EMENT SSTEMS
The process requires the company to eamine every function of its operationsith the goal of identifying activities ith a significant environmental impact andcommitting the company to preventing pollution in all of its many forms
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CHAPTER 8gt isciplinar$ Poampers and Procedures
EFINITION OF PROFESSIONAL MISCONCT
Each Association has the poer to prosecute people ho unlafully practiceprofessional engineering and to discipline licensed engineers ho are guilty ofprofessional misconduct or incompetence
The provincial Acts typically identify I causes for disciplinary action
bull Professional Misconduct Any conduct detrimental to the best interestsof the public or that harms or tends to harm the standing of the profession
generally as unprofessional conduct ampor an act that ould reasonably beregarded as unprofessional
bull Incompetence a lac7 of 7noledge s7ill udgment or disregard for theelfare of the public that demonstrates the member is unfit to carry out theresponsibilities of a professional engineer
bull Nelience carelessness or carrying out or7 that is belo the acceptedstandard of care or performance
bull reac of te Code of Etics
bull P$sical or Mental Incapacit$ this is included as a definition ofincompetence
bull Con4iction of an Offense isciplinary action against a member ho isguilty of an offense that is relevant to the member-s suitability to practice
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ISCIPLINAR PROCESS
hen a complaint of negligence incompetence or professional misconduct ismade against a licensed professional engineer it sets in motion a Fstageprocess of
bull Gathering nformationbull Evaluating the 6omplaint
bull 6onducting a 3ormal gtearing that enders 4udgment
Stipulated Order A simpler form of disciplinary hearing for less serious casesThe decision of guilt or innocence is decided by one representative and the resulthas no appeal process =oth parties agree to the outcome
f a member or licensee should be found guilty the iscipline 6ommittee can
bull suspend or revo7e your licensebull impose restriction on your license
bull require the member to be counseled or reprimanded
bull ma7e you pay cost of investigation or hearing
bull ma7e you rite eams or ta7e courses
bull impose up to a M01111 fine
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CHAPTER 8 Maintainin Professional Competence
Engineers have the privilege of selfregulation a privilege accompanied by acorresponding duty to maintain competence and avoid professionalobsolescence
The process requires engineers ampand engineering corporations to maintaincompetence by
bull enineerin practice or emplo$ment
bull formal education amp+niversity or Association courses
bull informal education ampshort courses or seminarsbull pu1lications
bull participation in enineerin societies
bull 1encmarin ampcomparing your practices against best practices
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CHAPTER 8 Enineerin Societies
The maor purpose of engineering societies is to encourage research into netheories or methods to collect and classify this ne information and todisseminate it to members so that it can be put to good use
The difference beteen an association and a society is that the Associationregulates professional behavior and the $ocieties disseminate engineeringinformation $o you should be a member of both
$ocieties have been established by groups of engineers hose commoninterests are based on
bull discipline
bull product
bull facility
bull evaluation
bull function
bull environment
bull language
bull geographical area
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THE CONCEPTS OF PROFESSIONALISM
PROFESSION
bull A learned calling ith specialized 7noledge
bull Performs services ith advanced 7noledge s7ill and udgment in hich
the public trusts
bull gtas public obligation and performs services in the general public interest
bull s bound by an ethical code in its relationship ith the public clientsemployees and colleagues
bull Accepts responsibility to regulate professional members and professionalservices provided to clients and the public
Engineering is a profession that is selfo4ernin and has the authority todiscipline members ho fail to comply ith proper standards of practice andconduct
The engineering profession is
bull highly organized
bull minimum standards of admissionbull regulate the activities of their members amps7illed practice and ethical conduct
bull promote the advancement of 7noledge
Professionals depend on the confidence ofbull the client or employer
bull the public
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ECEENCE
A shared commitment ith your peers to strive for ecellence
ETHICS
Ethics deals ith voluntary actions ta7en by an individual ith sufficient7noledge of options available
The COE OF ETHICS shapes the practice in to important aysbull provides a commonest of values hich offers a reliable professional
product to the public
bull professional relationship of trust ith the public is fundamental
APE$$A COE OF ETHICS
Professional Engineers shall recognize that professional ethics is founded uponintegrity competence dignity and devotion to service
8 P En sall old paramount7 te ealt7 safet$ and ampelfare of te pu1lic and en4ironment
bull They have an obligation to report conditions hich present an
immediate threat to safety health elfare or the environment
bull t should first be reported to the professionals involved then to
corporate or regulatory authorities
PEn sall undertae onl$ ampor tat te$ are competent to perform 1$teir trainin and eperience
bull Professional members should ensure to the best of their ability thatstatements on engineering matters attributed to them properly reflecttheir professional opinion
Stampin and Sinin ocuments8
bull Professionals shall only stamp and sign documents that they haveprepared or that have been prepared under their direct supervision andcontrol
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bull hen or7 is prepared by others they shall only stamp and sign afterhaving thoroughly revieed the or7 and accepted responsibility for it
bull Engineers ho apply their seals or stamps to reports plans or otherdocuments are stating that they understand and are in agreement ith
these documents
bull The absence of a seal or stamp does not necessarily indicate that aprofessional member has not revieed the document not does itrelieve the member from professional or legal responsibility if it can beshon that he or she as involved ith the or7
B P En sall conduct temsel4es ampit interit$7 onest$7 fairness ando1ecti4it$ in teir professional acti4ities
bull A client-s or employer-s interests should be held in high regard gtoeverthe folloing duties ta7e precedencelt
o duty to protect public safety
o duty to the professions under the 6ode of Ethics
o duty to act fairly to all parties hen administering a contract on
behalf of a client or employer
bull Professionals should 7eep confidential all information that is acquired inthe course of their professional duties and that concerns the businessaffairs of present or past clientsemployees
gt PEn sall compl$ ampit applica1le statutes7 reulations and 1$laamps inteir professional practice
bull Professionals should maintain adequate 7noledge of the la relating totheir area of practice
bull esponsible n4ironmntal mana+mnt comutr softar anddiscrimination are a fe of the subects covered under this ule
PEn sall upold and enance te onor7 dinit$7 and reputation of teir professions7 and te a1ilit$ to ser4e te pu1lic interest
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bull Advertisements proposals and presentations should be factual clearand dignified
bull A professional should be careful to give due credit to others
bull nly revie the or7 of another professional hen they have beeninformed unless there is a confidentiality agreement to the client
bull gtelp ET-s
APE$$A COE OF ETHICS
0 P Eng shall hold paramount the DealtD safet6 and elfare of tDe pulic and enironment
B PEng shall underta7e only or tDat tDe6 are competent to perform bytheir training and eperience
F P Eng shall conduct themselves ith interit6 Donest6 fairness and
oGectiit6 in their professional activities
K PEng shall compl6 itD applicale statutes reulations and 62las intheir professional practice
H PEng shall uphold and enhance the Donor dinit6 and reputation of their professions and the ability to sere tDe pulic interest
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COPRI$HTS
9RiDt to cop6
nly the oner of the or7 is alloed to reproduce the or7 or permit others tocopy it
Plaiarism is copying someone else-s or7 and claiming it as your on
Fair ealin +se or reproduction of or7 for private study research criticismrevie or nes reporting
Cop6riDts appl6 to8bull iterar$ ampors boo7s poems pamphlets computer programs
bull ramatic ampors films videos plays scripts
bull Musical ampors compositions ampords and music
bull Artistic ampors paintings draings maps photos sculptures architects
Also to8bull Performer(s performances actors musicians dancers
bull Communication Sinals broadcasters
bull Sound Recordins
6opyright is restricted to the epression in a fied manner amptet recordingdraing of an ideaL it does not etend to the idea itself
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3acts ideas and nes are all considered public property
6opyright does apply tobull $ong
bull )ovel
bull Playbull (agazine article
bull 6omputer program
bull ideo 6assettes (ovies
6opyright does NOT apply tobull $ong titlebull Plot ideabull Play of gtamletbull 3acts in an articlebull )ame of a computer programbull (a7ing a copy of a musical tape amproyalties have been paid already
bull 6opies for educational institutions ampcan 7eep radio and nes tapes for 0 year
bull )onprofit libraries archives and museumshen you create a or7 you automatically have copyright protection providedthat at the time of creation you ere a 6anadian 6itizen or a resident in a countrythat participates in 6opyright rules
Autorsip The person that creates the or7
Oampnersip f you are the creator of the or7 you on the copyright f you
create a or7 hile employed the copyright belongs to the employer ou canlegally transfer your rights to someone else then they on the copyright
uration 6opyright ampintellectual property lasts for the life of the author N H1years
Moral Rits Even if you sell your copyright you still retain moral rightsltThis means that no one including the person ho ons the copyright candistort mutilate or modify your or7 ampchange the ending use for a commercial etc
(oral rights eist for the same length as the copyrightou cannot sell or transfer your moral rights but you can aive them
RE$ISTRATION OF A COPRI$HT
ou do not have to register a copyright to have protection in 6anada
f you choose to register ith the copyright office you receive a certificate hichcan be used to your advantage if your or7 is infringed t is evidence that it is
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your or7 and you are the oner n a dispute you do not have to proveonership
ou send the application to the 6opyright office and you do not send your or7in ou may need to send a copy to the )ational ibrary of 6anada but the
6opyright office doesn-t revie your or7 at all
There is no requirement to mar7 your or7 under the 6opyright Act ou canmar7 it li7e this
)ame ear copy e 4ane oe 09I copy
ou can use this format even if you have not registered your or7
The 6opyright ffice is not responsible for ensuring that your copyright is notbeing infringedCCthis is your ob ou have to launch legal action yourself and
the courts are left to decide
Assinment As the oner you may decide i4e up part or all of $our rits toanother party The assignment may be for the hole term or for ust a certainpart of the term
icense ou as the oner give someone else permission to use your or7 forcertain purposes and under certain conditions but you still retain onership oudo not i4e up $our rits
Ro$alties (oney paid to the copyright oner as commission for sales of theiror7 or permission to use them
Tariffs $et fees that users must pay for using certain copyright material
Collecti4es an organization that collects royalties on behalf of its members
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TRAEMARampS
A trade2mar is a ord symbol or design to distinguish the products or servicesof an organization or person from others t can also represent a reputation
Ordinar$ Mars ords or symbols that distinguish your product or service ampe Giddy+p
Certification Mars identify ares or services that meet a defined standardThey are oned by one person but licensed to others to identify ares orservices hich meet a defined standard ampe oolmar7 APEGGA seal
istinuisin uise identifies the unique shape of a product or its pac7ageampe eggs Egg
A trade name is the name under hich you conduct your business The tradename can be registered under the Trade(ar7s Act only if it is also used as aTrademar7 ampto identify products or services
RE$ISTERIN$ A TRAE2MARamp
The Reistered Trade2Mar is one that is entered on the Trademar7s registerou are not required to register your trademar7 if you use it for a certain lengthof time you can establish onership by 6ommon a
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bull egistration of your trademar7 gives you the eclusive right to use the mar7across Canada for 8 $ears then you have to rene it
bull t is recommended that you register your Trade(ar7 in case someone elsetries to use it
bull f you fail to use the mar7 for an etended period your registration may becancelled
bull ou can register a trademar7 by filing an application for registration ith theTrademar7s ffice our trade2mar must e used in Canada efore itcan e reistered+
RE$ISTRATION QALIFICATIONS
bull 6annot be primarily your full name or surname ampunless you can prove it is already
identified
bull ou may not register a ord that clearly describes a feature of the product orservice ampseet uicy
bull The ord cannot be clearly misleading ampdeceptively misdescriptive ampe sugarseet if it has no sugar
bull ou may not register a ord that clearly designates the place of origin of theproduct or service or if it misleads the public into thin7ing that the productcomes from there ampParis 3ashions Atlantic 6od but you can use )orth Pole =ananasbecause no one ould epect them to come from there
bull ou can use a disclaimer statement indicating that you are not claimingeclusive rights for certain ords appearing in the trademar7 n this ayyou can use clearly descriptive ords hich are unregisterable on their onampce 6ream in =ob-s ce 6ream
bull )ames of products in other languages cannot be registered ampurstlt is Germanfor sausage
bull 6annot be registered if it consists or a plant variety denomination
bull ou cannot use ords symbols sounds or ideas that are confusingly similar
to a registered trademar7 or a pending mar7 amp2ing og 3ood and 2ing 6at 3oodould be refused
bull ou cannot register a trademar7 that resembles certain official symbolsunless you have the consent of the authority in question
o fficial government symbols
o 3amily coats of arms
o =adges and crests or 6(P
o Emblems and names of ed 6ross or +)
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o 3lags of other countries
o $ymbols of provinces
=efore you try to register your trademar7 do a search and include trade namesas ell
After you have a registered trademar7 to 7eep it you mustLbull Pay the registration fees every 0H years
bull +se the trademar7 in 6anada or it ill be epunged
Assinment to sell or transfer your rights to a trademar7 to another party
Marin ReDuirements The Trade(ar7s Act does )T have anyrequirements but many oners indicate their registration through the folloingmar7s
983214 O registered trademar7
991522 O trademar7$( O service mar7
The Trade(ar7 ffice ill prevent anyone else from registering your trademar7but it is your responsibility to monitor the mar7etplace and ta7e legal action ifsomeone is using your trademar7
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PATENTS
A patent is
bull A document protecting the rights of the inventor
bull A repository of useful technical information for the public
The idea is to promote the sharing of technological information hile giving you amonopoly on your creation
ith a patent the government gives the inventor the right to eclude others fromma7ing or selling your invention
The invention is protected from the day the patent is granted to a maimum of =6ears after the day you filed your application
The Patent ffice then epects you to provide a full description of your inventionso that all 6anadians can benefit from this technology They allo your
application to be open gt montDs from the filing date during the con4ention priorit$ date
Patent applications are made pulic gt montDs after the 6anadian 3iling ate
ou must obtain a valid patent ithin 8 $ear of main te product pu1lic
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A 6anadian patent is only etended throughout 6anada ou must apply forpatent rights in other countries separately
t is important to 7eep your invention secret until your first patent application isfiled in order to preserve your rights to file later in most foreign countries
3or an invention to be patented it must be
bull NO0ET= 3irst in the orld
bull )TIIT= 3unctional and operative
bull INGEN)IT= $ho inventive ingenuity and not be obvious to someones7illed in that area
The folloing items are patentable
bull Product ampdoor loc7
bull A composition ampchemical composition li7e lubricant
bull An apparatus ampmachine to ma7e door loc7s
bull A process ampmethod
bull An improvement on any of these
The idea alone is not patentable t must be reduced to something physical
ou CANNOT patentbull A scientific principle
bull An abstract theorem
bull An idea
bull A method of doing businessbull A computer program
bull A medical treatmentn 6anada patents are given to the first inventor to file an application
f you invent something hile or7ing for an employer on the employer-s timeith the employer-s materials at the epense of the employer the inventionrights still belong to you unless you have been hired by the company to inventpatentable inventions
PATENT APPLICATION
+ $et a Patent Aent
+ Preliminar6 SearcD
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bull ou can do a preliminary search in the online database or visit the Patentffice in person
0+ Preparin tDe Patent Application
bull A patent application must consist ofo a1stract ampbrief description
o specification ampclaims and boundaries of protection
o draampins
3+ File 6our Application4+ Reuest eBamination5+ EBaminer does searcD and approes or oGects+lt+ Respond to an6 oGectionsgt+ Patent ranted or oGected+
CONENTION PRIORIT
(any countries belong to the Paris 6onvention for the Protection of ndustrialProperty
This treaty allos you to invo7e convention prioritylt hich means that your filingdate in one member country ill be recognized by all others provided you file inthose countries ithin the first year
ampe if you file in 6anada in 4anuary B111 you could file up to one year later in most countriesamp4anuary B110 and still receive the same rights as if you filed in B111
PATENT COOPERATION TREAT (PCT)
t provides a standardized international filing procedure for foreign patents hichis shared by our principal trading partners including the +$ 4apan and mostEuropean countriesou may file for a patent in as many as 01I member countries through a singleapplication filed in 6anada
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INSTRIAL ESI$N
An Industrial esin is the features of shape configuration pattern or ornamentapplied to a finished article made by hand tool or machine ampappealing to the eye
There is no time limit for filing an application as long as the design has neverbeen published ampmade public to anyone
ou must file ithin 6ear of going public ith your design or you ill lose youreclusive rights to the design
The advantage of registering your industrial design is that it gives you eclusive
right to your design for up to = 6ears from tDe date of reistration
+nless you register your design you can ma7e no legal claim of onership andhave no legal protection from imitation
nly the proprietor ampcreator of the design may obtain registration unless youhave been hired to develop a design Then the hirer is the proprietor
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Trade Secret industrial 7noho or valuable information acquired by abusiness t could be a
bull formula
bull pattern
bull device
bull compilation of info used to give you an advantage over the competitors
ou cannot registerbull That don-t have visual appeal
bull 3eatures that are hidden from vie or too small to appeal to the eye
bull A method of construction
bull An idea
bull (aterials used in construction
bull 3unction of an article
bull 6olor
ESI$N RE$ISTRATION
The application ill includebull Application forms ampdescription
bull At least one draing or photograph
bull 3ees
The process ill include
bull nitial processing
bull Eamination
bull egistration
ou do not have to mar7 your design in order to indicate that it is registered butmar7ing it gives you etra protection
As proprietor you may ta7e legal action against anyone ho infringes on yourdesign in 6anada but you must ta7e action ithin F years of the incident
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An 9assinment occurs hen you sell all or part of your rights in the designpermanently to another party
ou can 9license another user to allo someone else to use your design but
you still retain onership
To have your design protected in other countries you must apply separately ineach country
ou have 5 montDs to file for 9conention priorit6+ampe you apply to register in 6anada in 4anuary B111 then you have until 4uly B111 to file in other 6onvention countries and receive the same rights as if it ere 4anuary B111
LA FOR PROFESSIONAL EN$INEERS OOamp
CHAPTER 8 Te Canadian eal S$stem
The legal system of 6anada is based on the English common2lalt system andthe English courts of euit6lt system ampudgemade la and is calledCOMMON2LAlt
The 3ederal 6ourt of 6anada has urisdiction over federal matters such aspatents trademar7s and copyrights
Pu1lic aamp deals ith the rights and obligations of government ampcriminal and6onstitutional la
Pri4ate aamp deals ith the rights and obligations of individuals or private organizations ampCONTRACT AN TORT LA
Termsbull itigation lasuit
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bull Plaintiff party bringing the actionbull efendant party defending the actionbull Appellant party appealing the decisionbull espondent party see7ing to uphold a decisionbull Privity of contract legal relationship beteen parties to a contract
bull 6reditor party to hom an amount is oingbull ebtor party that oes an amount to creditor bull $uarantee A guarantees = the debt of 6omp amphen = doesn-t get paid
= goes to 6omp first then to A
bull Indemnification a promise to directly compensate or reimburseanother party for a loss or cost incurred f Aindemnifies = the debt of 6omp amphen = doesn-t get paid =goes directly to A
CHAPTER usiness Oraniations
Sole Proprietorsip an individual carries on business by and for himself andalso enoys the profits and incurs any losses personally
Partnersip an association of persons ho conduct business in common ith avie to profit ndividuals or organizations share profits and losses
Corporation an entity unto itself distinct from its oners ampfictitious personThe corporation itself ons its assets and incurs its on liabilities
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CHAPTER B International Considerations
t is etremely important to obtain advice from an appropriately eperiencedlayer in the foreign country or have the advice of a consultant in that countryt is ise to purchase political ris7 insurance and to use careful udgment together ith a local influential partner
$ome potential ris7s of or7ing internationally are
bull Political Ris is one of the more obvious ris7 factors in or7inginternationally The 6hanges in government can lead to significant policychanges
bull Licensin reuirements and obtaining necessary permits and approvalsin a foreign country under different legal systems can be timeconsuming
bull Financial Riss due to currency echange and controls or restrictions onthe transfer of funds out of the country
bull Contract documents and forms used on proects may be different
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CHAPTER gt Tort ia1ilit$
Tort8 generally refers to a private or civil rong or inury one that involvesnegligence and that may arise independently of contract ampcar driver and victim
amphich includes financial loss hen based on a professional-s opinion
The fundamental purpose of tort la is to compensate ictims of tortsPunishment of negligent rongdoers IS NOT a purpose of tort la
Professional liability insurance should provide protection if an engineer-snegligence results in damage arising in tort
n order to satisfy the courts that compensation should be made the plaintiff in atort action must prove that
bull The defendant oed the plaintiff a duty of care
bull The defendant breached that duty by his conduct
bull The defendant-s conduct caused the inury to the plaintiff
f any 0 of these F aspects is not proven to the satisfaction of the courts theplaintiff ill not in
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A significant factor in a tort action is the establishment of the standard of carerequired of the defendant
The standard is applied based on the premise that engineers have a duty to use
the reasonable care and s7ill of engineers of ordinary competence Thereasonable carelt is measured by applicable professional standards of theengineering profession at the time the services ere performed
Strict ia1ilit$ manufacturers and employers are held strictly liable hen faultis not necessary if compensation is to be provided ampnot yet upheld in 6anadaampe All employees ma7e contributions on behalf of employees and if someone is inuredcompensation is provided ith no finding of faultampe A manufacturer may be strictl6 lialelt if for any damages that result from the use of theirproduct
0icarious ia1ilit$ The employer is responsible for damaged caused by its
employees The employer provides compensation because it is presumed thatthe employer is in a better financial position than the employee
Concurrent Tortfeasors hen more than one party is liable in a tort actionThe defendant-s together are called concurrent tortfeasors
Products ia1ilit$ The plaintiff must be able to establish that damage hasclearly resulted from appropriate use of a product and the defendantmanufacturer must then persuade the court that at the time the manufacturercould not have foreseen the defective nature of the goods manufactured6anada has not yet ta7en a strict liability approach on products as the +$ has
Products liability has developed through principles of both contract la and tortla The tort concept of fault has been applied and implied contractualarranties that the product is effective and the contract of a sale must also eist
n productsliability matters economic losses ampin the absence of physical inurymay in some circumstances be recoverable
Standards of Care and ut$ to 5arn A manufacturer must arn theconsumer of any dangerous potential of the product by appropriate labeling
Oter Tortsbull Tort of defamation8 ampif the statements that damage the reputation are true there is
no liability
o ibel D in riting
o $lander D verbal
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bull Occupiers Liailit68 The occupier of a property must eercise therequired standard of care to ensure the safety of individuals coming ontothat property
bull Tort of Nuisance8 esigned to alleviate undue interference ith the
comfortable and convenient enoyment of the plaintiff-s landampe insecticide spray drifting onto other land
CHAPTER Proof
The burden of proof is on the plaintiff to prove the case against the defendant
Engineers often find themselves ma7ing appearances as eBpert itnesses incourt
The epert is permitted to epress opinions ith respect to his or her area ofepertise and the itness should be cautious and restrict testimony to such
area
ou ill be hired by one side and crosseamined by counsel from the otherparty
Preparation is of the utmost importance in litigation The epert itness shouldclearly understand the issues in the lasuit and be aare of the scope ofquestions that can be reasonably epected
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CHAPTER 28 Contracts
3or a contract to be binding and enforceable the folloing elements must bepresent
bull An offer made and accepted
bull (utual intent to enter into the contract
bull 6onsideration or offer ampan echange of promises each promise representing
something of valueCpayment of money is not essential
bull 6apacity to contract ampcan-t be a minor drun7 or crazyCenforceable by the drun7 if
the other party 7ne they ere intoicatedbull aful purpose 6ontract on-t be enforced if it is unlaful
An offer is a promise made by one person to another
)ot all contracts are in riting
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+ntil it is accepted the offer may be ithdran by the offeror unless it is madeepressly irrevocable by its terms
Irre4oca1le Offers =idders submit offers or tenders that have been madeirrevocable for a specific period of time At any point during that period the offer
may be accepted and a contract ill be formed
Option Contract This contract is another means of 7eeping an offer open for acertain period of timeampe The party purchasing the option may ant do eploration or7 for a period of time beforedeciding to spend a large sum of money on the property
EDuita1le Estoppel A udge can stoplt the strict terms of a contract from beingfolloed if it is proven that the terms had changed outside of the agreementampoften used hen etensions to deadlines are agreed upon and then the person tried to go bac7to the original ritten contract
Pursuant to contract la consideration ampor a seal must be present in order toma7e a change to a contract enforceable D otherise it is ust a promise not laThe courts protect the person in the situation here a promise is ta7en as fullagreement
Statute of Frauds Ensures that certain types of contracts must be in riting tobe enforceable
Rectification This order can be applied for to rectify a contract because of asecretarial or recording mista7e
)nilateral Mistae A mista7e made by only one party to a contract 6ourts illdecide hether a contractor ill be relieved of their mista7e
CHAPTER 8 Tenderin Issues Contract A
a of tendering in 6anada gives the principle that there are B separatecontracts that arise in the tendering process
0 Contract A D the contract of irrevocability ampthat deals ith the tenderingphase
B Contract D the construction contract ampapplies to the construction phase
The number of number of tenders submitted is the number of 6ontract A-s thatare formed
The original tender pac7age contents cannot be changed ithout notifyingeveryone or you are in =reach of 6ontract A
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CHAPTER 82 Contract Interpretation
Parties to a contract sometimes dispute the meaning of part of the contract Todifferent approaches can be ta7en hen interpreting contracts
bull i1eral Approac ta7es into account the intent of the parties and maylead to speculation on that intent
bull Strict Approac focuses on the precise ords in the agreement andmay rely on dictionary meanings
Contra Preferentem hen a contract is ambiguous or unclear it ill beinterpreted against the person that rote it up
Parol E4idence Rule hen verbal agreements outside of the ritten contractare included as rule in a contract n most cases if a condition is agreed uponverbally but is not included in the contract then the condition is not part of thecontract
Implied Terms hen the inclusion of obvious terms of a contract have beenoverloo7ed here it is reasonable implied terms may eist in a contract
CHAPTER 83 iscare of Contracts
There are several ays to discharge a contract
bull Performance hen all parties have completed their respectiveobligations the contract is at an end
bull Areement to iscare Parties in a contract are alays free to amend
the contract or agree to cancel or terminate the contract upon mutuallyagreed terms
bull iscare Pursuant to Epress Terms t is advised to include in acontract terms here all parties may terminate the contract if certainoutside events ere to occur ampe ban7ruptcy
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bull iscare 1$ Frustration hen changing unforeseeablecircumstances occur that may radically change the obligations of theparties
o Force Maeure Provides that the time for completion ill beetended in the event of ar riot flood labor dispute or other
events that are beyond the control of both parties
bull iscare 1$ reac of Contract ne party fail to perform obligations
o iscare 1$ Repudiation hen the party to a contract
epressly tells the other party that they have no intention ofperforming contractual obligations
CHAPTER 86 reac of Contract
f a party to a contract fails to perform obligations specified in the contract thenthat party has breached the contract
The innocent party is entitled to certain remedies depending on the nature of thebreach and the terms of the contract
Condition an obligation that is essential or vital to the contract5arrant$ an obligation that is NOT essential or vital to the contract
A =reach of 6ontract is a cause for discharge only if its effect is to render itpurposeless for the innocent party to proceed further ith performance
Repudiation hen the party to a contract epressly tells the other party thatthey have no intention of performing contractual obligations
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REMIIES
A nondefaulting party is entitled to damages for losses incurred as a result of abreach of contract
irect amaes Actual calculated difference in the cost of having to chooseone service over the other ampthe loest bid is chosen and then they refuse to do the or7so the second loest bid is chosen and the party sues for the monetary difference beteen theloest and second loest bid
Indirect amaes Are consequential to the breach and might include damagesfor lost profits or damages incurred if the contract is not fulfilled
iDuidated amaes Are preestimated damages if certain events ere tooccur that are ritten into the contract under a Penalty 6lause
ltuantum Meruit hen services have been requested and performed but nooutside agreement as reached beteen the parties as to hat payment ouldbe provided in return for the services then the courts can aard the person ithas much as is reasonably deservedlt for time spent and materials supplied
Su1stantial Compliance hen a contractor has substantially complied iththe terms of a contract yet failed to comply ith some minor aspect of thecontract The contractor ill be paid the contract price minus the cost ofdamages caused by the minor problems
Specific Performance hen the courts require a party to perform a contractual
obligation li7e the sale of land or a personal item
Inunction A court order that prohibits or restrains a party from performing anactCHAPTER 9 Fundamental reac
Applies to a contract that contains an eemption clause amphere parties limit theirliability if a breach of contract results and ma7es the eemption ineffective
CHAPTER 8 Areement etampeen Client and Enineer
A contract beteen a client and an engineer must include all of the essentialcontract elements
The document ill not specify the degree of care that is required of the engineerin carrying out the services =ut the engineer is liable for incompetence
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carelessness or negligence that results in damages to the client and for notperforming ith an ordinary and reasonable degree of care and s7ill
CHAPTER Concurrent ia1ilit$ in Tort and Contract
+nless otherise stated in a contract the standard of care epected of anengineer doing a ob is the same standard of care by hich an engineer-sperformance is measured in tort
3or a breach of contract there is a limitation period of I years from date of thebreach in hich to press charges instead of hen it is discovered
n tort the limitation period in hich to press charges starts hen the damagesare first detected
CHAPTER 3 Ar1itration and AR
A lasuit is not alays the best ay to resolve a dispute beteen contractingparties especially technical disputes
Ar1itration or Alternati4e ispute Resolution +AR- t is less costly and lesspublic than litigation
An engineer that is an arbitrator is epected to act impartially and independentlyof the parties to the dispute
The Arbitration Act deals ith the appointment of an arbitrator and sets out astructure or set of rules to govern the conduct of an arbitration unless the partiesagree that some other structure or rules ill apply
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The Act also gives arbitrators the urisdiction to aard preudgment and post udgment interests ust li7e the courts have under the 6ourts of 4ustice Act
Partnerin intended to respond to the need for improved attitudes amongstindustry participants to the importance of teamor7 on proects
This cooperative attitude should assist in resolving proect disputes at an earlystage
) TGAT) and A=TAT) result in a 4+G(E)T TgtAT $=))G
Proect Neutral (proGect manaement oerie) The companies appoint a
proect neutral usually an independent professional eperienced in the industryto be aare of developments on the proect ith a vie to offering unbiasedadvice and decisions
Mediation esolving disputes through the negotiating process involving amediator ho is to provide guidance and to facilitate the settlement process agobeteenlt in communicating proposed settlements
There is no udgmentL the parties need to or7 out their differences
CHAPTER BB Industrial Propert$
Industrial Propert$ Rits ights that generally relate to patents trademar7scopyrights and industrial design
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EN$INEERIN$ COE OF ETHICS
Each code defines the duties of the engineer to the public employer felloengineers to the profession and to yourself
The purpose of the code is to protect the public from bad engineers
CANAIAN CONCIL OF PROFESSIONAL EN$INEERS (CCPE)
6oordinates the profession on a )ational level using the folloing committeesbull 6anadian Eng Accreditation =oard ampuniversity accreditation
bull 6anadian Eng gtuman esources =oard ampcollect data for profession
bull 6anadian Eng 8ualifications =oard ampqualifications to enter profession
bull 6anadian Eng Public Aareness =oard ampraise aareness
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CHAPTER Enineerin Etics
ETHICAL THEORIES
Mill(s )tilitarianism the best choice in a moral dilemma is that hich producesthe maimum benefit for the greatest number of people ampdemocracy
ant(s Formalism +ut$ Etics- each person has a duty to act ethicallygtappiness is the result of good ill the desire to individually do your duty and follo all the rules
oce(s Rits Etics everyone has rights The right to life human dignityand liberty hich must be recognized by others and not stomped on
Aristotle(s 0irtue Etics choosing the happy mediumlt
COE OF ETHICS
A decision that gives a benefit to you it is a conflict of interest our decisionsmust not only be ethical but must be seen by others as ethical
The codes are statements of general principals folloed by instructions forspecific conduct and emphasize the duties that an engineer has to
bull Societ$ this is the most important Engineers have a duty toprotect the safety health and elfare of society
bull Emplo$ers to act fairly and loyally and to 7eep business confidentialou must also disclose any conflict of interest that may arise
bull Clients
bull Colleaues act ith courtesy and good ill
bull Emplo$ees and Su1ordinates recognize the rights of others
bull Enineerin Profession (aintain dignity and prestige
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bull Oneself payment or7 conditions strive for ecellence and maintaincompetence
CHAPTER 2 Etical Pro1lems of Enineers in Industr$
The employer clearly does not have the authority to direct an engineer to brea7the la The engineer should advise the employer that the action is illegal andrefuse to do it
The employer cannot direct an engineer to violate the code of ethics Theengineer should advise the employer of the section of code and decline to ta7eaction
The employer cannot as7 an engineer to do something that contravenes theengineer-s conscience or moral code The engineer must
bull Gather all relevant information
bull efine the ethical problem
bull Attempt to see the problem from the employer-s point of vie
bull Generate and eamine alternative courses of action
bull 6onsider personal consequences
ETHICAL PROLEMS IN THE INSTR (CASE STIES)
+ ACCEPTIN$ A ETTER O OFFER---
Already accepted a ob a better ob is offered B ee7s laterCC
bull Ta7e the better ob
bull Tell the first ob that she is ta7ing the better ob but offer to pay for recruitmentfees ampcompromise D it ac7noledges ethical duty maimizes benefits
bull 2eep the original ob
+ SEEampIN$ EMPLOMENT ELSEHERE---
or7ed for same company for F years all trained but boredCC
bull f training too7 one year you should or7 there at least 0B years aftertraining so the company can realize its investment
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0+ E1TRA PART2TIME EMPOMENT ON THE SIE---
bull nform the main employer to see if it is 2
bull Employee must sho fairness and loyalty to the employer
bull )o conflict of interest ampno competing on same contractsbull Parttime or7 should not reduce employee-s efficiency for main ob
3+ SHOL EN$INEERS OIN LAOR NIONS---
bull es as long as the engineers are no managers in the company
bull t might be better to inform management of their dissatisfaction ith theirsalaries and negotiate individually or as a group Then see7 legal advice
4+ FALSE EN$INEERIN$ ATA IN AERTISIN$---
The elfare of the general public is the most important
bull nform the engineering manager
bull ecide to or7 for change ithin the company be the histlebloer or quit
5+ ISCLOSIN$ CONFIENTIAL COMPAN INFORMATION---
ou 7no that something is dangerous but you hear of a competitor that is going
to use itCC
bull Tell your employer first and determine the best ay to tell 6ompany =
bull ou must tell 6ompany = about your findings and potential problems tosave the public
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CHAPTER 3 Etical Pro1lems of Enineers in Manaement
bull )nlicensed Personnel using them to carry out professional engineeringor7
bull Misuse of Enineerin Title
bull Re4ieampin 5or and E4aluatin Competence engineers should notunderta7e or be assigned or7 that is not ithin the competence level of theengineer
bull 5or Re4ieamped for Accurac$ engineers have other engineers chec7 theiror7 only ith their 7noledge
bull 5or Re4ieamp to Assess Competence engineers have revies as long asthey are informed that it is happening
bull iscrimination in Enineerin Emplo$ment
Computer Pro1lems security infringement of copyrights incorrecttransmission errors and bugs softare piracy
ETHICAL PROLEMS OF MANA$EMENT (CASE STIES)
+ NLICENSE EN$INEER PRACTISIN$ IN A NE PROINCE---
f you have a valid license from another province you need to apply for a neone right aay in the ne province ithout a valid license in the province youare or7ing in your or7 should be supervised by another engineer
+ OFFENSIE LAN$A$E TO THE P AT THE COMPAN PICNIC---
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ou can-t fire someone for an alternation at a social event There must be arecord of continual insolence and insubordination ou should refuse to fire himin riting and give him a reprimand instead
0+ CONFLICT OF INTEREST---
ou are on a committee that is deciding to revise specifications These revisionsill help out your company and the committee chair-s company but ill ma7e ithard on competitorsou must tell the committee of the conflict of interest
3+ ERRORS IN EN$INEERIN$ PLANS OR SPECS+---
ou notice errors in design hen your role is supposed to be in manufacturing
ou should phone the client and tell him about it and then follo up ith a letterand then proceed ith the fabrication after you get ritten conformation from theclient f the errors may cause harm to the public you must report it
4+ ampEEP PRELIMINAR ATA SECRET NTIL AFTER SHAREHOLERSMEETIN$---
t is ethical to 7eep preliminar6 results secret until the final results are 7non forcertainty
5+ ACCONTAILIT IN A NE O HERE PREIOS MANA$EMENTHAS TAampEN NO ACTION AN NO O ARE ACCONTALE
ou are alays responsible to act ith professional integrity and high ideals
bull 3irst tell the person ho is committing the misconduct nclude thebenefits of dealing ith the situations and the consequences of notdealing
bull Then suggest that together you discuss the matter ith senior
management or the Associationbull 3inally if you have no choice go alone to senior management or get
advice from the Association
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CHAPTER 6 Etical Pro1lems of Enineers in Pri4ate Practice
THE CLIENT 7 CONSLTANT RELATIONSHIP8
The consultant ampengineer is usually hired to monitor an engineering proect li7ethe construction of something This creates a relationship beteen the
contractor ampdesigner or builder the consultant ampengineer and the client amponer
Independent Model The client eplains the problem and hands all decisionma7ing over to the consultant =ad because the client can-t ma7e any choices
alanced Model The consultant ma7es recommendations and provides theengineering advice but the client chooses the path to follo This is the middle of the spectrum
Aent Model The consultant ta7es orders from the client This doesn-t use anyof the engineer-s 7noledge
AERTISIN$ EN$INEERIN$ SERICES
Engineers can only advertise through factual representation ithouteaggerationlt
ou cannot use the engineer-s seal or association-s seal in any form ofadvertising
SE OF THE EN$INEERS SEAL
The Act requires that all final draings specifications plans reports and otherdocuments involving the practice of professional engineering must be datedsigned and sealed
t is not optional to use the seal
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(ost documents state that they ere prepared or ceced and appro4ed bythe person ho sealed them
The seal is legal because it indicates that the person accepts responsibility forthe accuracy of the documents and implies that the person has a thorough
7noledge of the proect to hich the documents relate
o not seal anything that you are not illing to accept full responsibility for
9CHECampIN$ EN$INEERIN$ OCMENTS
Ceced the documents ere prepared by someone under the directsupervision of the person ho signed and sealed them
ou can seal the or7 of others ampnot under direct supervision provided that you
thoroughly revie the or7 and are illing to accept full responsibility
o not assume responsibility for or7 that is beyond your area of epertise or for or7 that you have not thoroughly revieed for accuracy
PREPARATION AN APPROAL
f one engineer prepared the draing and another engineer must approve itthen 1ot seals should appear on it therise only the approving engineershould seal it
f final draings cover more than one discipline then they should be sealed bythe approving engineer ampchief and by the design engineer for each discipline
ETAILE RAIN$S
The engineer generally has responsibility for a proect as a hole and theengineer-s seal must appear on maor reports specifications or draings thatdescribe the proect ou are not epected to seal every draing but they allmust be prepared under the engineer-s control and supervision and you assume
responsibility for all of them hether they are sealed or not
MASTERS AN PRINTS
The master draings must be complete since they are the maor reference fordesign and construction fabrication
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The time to seal a draing is hen it is approved and released for fabrication orconstruction
ou seal te copies7 not te master That ay the prints can be chec7ed formodifications hen sealed
ETHICAL ISSES
Confidentialit$ The engineer has a clear obligation under the code of ethicsto 7eep affairs of the client confidential
Conflict of Interest here the engineer has an interest that interferes ith the
service oed to the client The engineer must disclose any personal interestthat there may be
Re4ieampin te 5or of Anoter Enineer The engineer should be informed hen his or7 is being revieed but it is not necessary to receive permission todo so The elfare of the client or the general public must come before thepersonal ishes of the engineer
Supplantin 6onvincing the client to fire their engineer and hire you instead isunethical
reac of Contract ampcivil liability a failure to complete the obligations specifiedin a contract ou can get protection for this ampliability insurance
Nelience ampcivil liability a failure to eercise due care in the performance ofengineering There is NO protection for this
ETHICAL PROLEMS OF EN$INEERS IN PRIATE PRACTICE (CASESTIES)
+ ORampIN$ AN OTIN$ ON PLANS FOR A STREET-----
ou cannot vote on hether a proect should be accepted if you are involved inbidding on the proect ou must disclose your involvement and abstain fromvoting and participating in the decision ma7ing process
+ ENORSIN$ A PROCT ON T---
t is seen as unprofessional and a conflict of interest
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0+ LE$AL SETTLEMENT AN EIN$ PAI ON THE OTCOME---
As an epert itness you are giving your professional opinions The amount youma7e ampcontingency ill be dependent upon the outcome of the case Getting
paid this ay is a conflict of interest since there is personal benefit based on theoutcome ou should accept a flat rate fee
3+ ORI$INAL SEALE RAIN$S CHAN$E INSPECTION---
ou don-t sign and seal the originalConly the copies so that modifications areevident f the proect isn-t to original specifications the calculations must bedone from scratch and nothing is to be done until they are complete
4+ RECIN$ OR FEE IF THE OECT HAS ALREA EENESI$NE FOR SOMEONE ELSE EFORE---
Establishing fair and reasonable fees depends on
bull evel of 7noledge and qualifications required
bull ifficulty and scope of the assignment
bull esponsibility that the engineer must assume
bull +rgency ith hich the or7 must be completed
bull Time required
ou should not loer your price to produce a similar design for 6lient = but if
6lient A anted a second building that as the same as the first then a smalldeal could be made
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CHAPTER 89 Te Enineer(s ut$ to Societ$ and te En4ironment
T TO SOCIET8
ou must put the greater good of society ahead of personal gain
The to environmental problems that have accompanied the industrialization ofour society
bull Proliferation of MacineMade Haards +sing highays aircraftnuclear poer toic chemicals more often ma7e it more dangerous
bull eradation of te En4ironment The lifestyle of industrialized nations
requires a high energy usage to maintain it The consumption of fossilfuels and the careless disposal of aste has deteriorated the environment
o 5aste isposal
o Air Pollution SO2 ndash from coal combustion (London) NO x ndash cars (LA) CO
Photochmical oxidants (sun) oon PAN Proxactl
nitrat
o Acid Rain
$amp harmful to fish at amp
o 5ater Pollution
isascausin+ bactria
Or+anic ast dcain+ in th atr
-rtilirs
oxic matrials ( PC) Acidification
0ast hat
A+ricultur ndash ind carris sticids salt frtilirs and
nitro+n to th atr
o Glo1al 5armin and Oone epletion +Greenouse Effect-
CO2 C$ NO2 O1 Chlorofluorocarbons
o Ener$ Conser4ation and Nuclear Poamper
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o Eponential Population Groampt
The good of society is determined on a utilitarian basis D creating the maimumgood for the maimum number of people
=efore reporting an incident to the Association
bull Informal Resolution 3irst the engineer should try to resolve problemsinformally and internally in an open and professional manner
bull Confidentialit$ f it is necessary to report a situation never report it to thepublic or media Alays report it to the Association or proper regulatory body
bull Retaliation ou cannot be fired for reporting a situation ou can file alasuit to recover lost ages and costs
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CHAPTER 88 Enineerin Case Histories
+ THE QEEC RI$E ISASTER
pened in 00 the longest cantilever span in the orld
=ridge as redesigned ith a larger span and the dead eight calculations erenot redone
Then there as a material failure in a bearing casting that temporarily supportedthe central span hile it as being transported and lifted into place
essons earnedbull ou have to have enough money to pay all the people to do their obs
properly for large proects before you start them amp(r 6ooper as not paid nearlyenough to do the etra or7 to redesign nor as he really competent
bull gtire capable competent professionals ampnot old or sic7 that can-t visit the construction site
bull 6learly define duties authorization and responsibility of professionalpersonnel
bull iscuss all design decisions and technical problems openly and listenreceptively amp3or F ee7s the chief engineer tried to contact 6ooper about the strangebending of some steel parts and recommended some changes be madeC6ooper didn-tlisten
bull evie details especially engineering design calculations amp6ooper did not redothe calculations for dead eight after he changed the length of the structure
bull (onitor or7 on the site adequately amp6ooper as too old and sic7 to monitor any ofthe building or fabrication
bull
Ensure that communication is rapid and accurate ampt too7 F ee7s for the chiefengineer to reach 6ooper ith his concerns
bull Provide adequate support staff for good money
+ THE ANCOER SECON NARROS RI$E ISASTER
4une 0H9 to spans of the cantilever bridge collapsed
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t as caused by the faulty design and eventual collapse of a temporary toersupporting the partially completed bridge
The additional time and material needed to reconstruct the damaged portions ofthe bridge
essons earned
bull 6onsulting engineers should recommend alloable stresses for temporaryconstruction support structures
bull The contractor should be required to submit all construction plans andcalculations for approval prior to construction
0+ THE ESTRA MINE ISASTER
(ay th 0B mine ble up and 7illed BI miners
The floor roof and sides of the road should have been cleared and treated ith
stonedust and proper ventilation procedures should have been folloed despitedelayed production
essons earned
bull Production demands resulted in the violation of basic and fundamental safemining practices
bull (anagement ignored or encouraged many hazardous and illegal practicesincluding 0Bhour or7 shifts improper storage of fuel refueling vehiclesunderground using nonflameproof equipment
bull The methane gas from the coal needed to be properly ventilated out of themine
bull Proper permits and changes to the mine plans ere not approved by theproper authorities
bull ritten orders to stonedust and to clean up the mine ere not folloed
3+ THE LO$EPOLE ELL LOOT
ctober 0Jth 0B a sour gas Amoco ell ble out and they could not get itbac7 under control
The initial 7ic7 occurred primarily because drilling practices during the ta7ing ofcores ere not folloed and this combined ith the marginally adequate muddensity used permitted the entry of reservoir fluids into the ellbore
They lost control of the ell and then it started on fire from some (us7eg thatas burning underground
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There ere also some equipment failures that attributed to not being ale tocirculate the 7ic7 out quic7 enough
essons earned
bull Amoco did not apply the necessary degree of caution hile carrying outoperationsbull )eeded to be fully prepared in the event of a fluid influ
4+ THE RE21 MININ$ FRA
The samples had been saltedlt D adding minerals li7e gold here none eist
essons earned
bull The chief geologist had a responsibility to sho due diligence in safeguardingthe core samples and ensuring that the gold assay as properly done Thatthe gold content based on the samples as accurately calculated and thatthe doublechec7s ere made to confirm the results
bull This emphasizes the critical dependence of the mining and resourceindustries on professionals ith high ethical standards
5+ THE CHALLEN$ER SPACE SHTTLE E1PLOSION
n 4anuary B9 09I the accident as caused by hot gases bloing past one ofthe seals in the roc7et boosters The seal had been unable to do its ob properlybecause of the unusually lo temperature in 3lorida on the day of the launch
The manufacturer of the boosters had this information but had decided to goahead ith the launch anyay
essons earned
bull n an enormously large organization it is easy for decision ma7ing to fall
through the crac7s
bull t is very easy for engineers to fall into the comforting belief that they arefolloing a conservative course hen in fact they are deviating intodangerous territory
bull isasters are easy to create D safety comes hard
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lt+ THE C2= PASSEN$ER AIRCRAT ISASTER
n 0JB a cargo door latch failed and the door ble out of a 601 over indsor) and the eplosive decompression of the cargo compartment caused part of
the cabin floor to collapse
This opened a large hole in the bottom of the fuselage and severed most of thehydraulic lines hich caused the loss of control of the rudder and aileronsEveryone landed safely that day
n 0JK another 601 over Paris lost its cargo door The decompression ofthe cargo compartment again caused the cabin floor to collapseL control of theailerons and rudder ere lost and the plane crashed 7illing FKI people
essons earned
bull The 3AA failed in its role of safety atchdog t certified the cargo doordesign in spite of the failure during the ground test Then after the neardisaster over indsor they merely advised the airlines to follo themanufacturer-s service bulletin rather than issuing a directive that ould haverequired all 601-s to be retrofitted
gt+ TO1IC POLLTION8 LOE CANAL MINAMATA HOPAL SR
mproper disposal of toic or environmentally harmful aste
Loe Canal Ne or 7 ioBin
bull n 0HF gtoo7er 6hemical 6orporation dumped over 09111 tons of chemicalaste including dioins until the canal as flat land again
bull Then they donated the land to the =oard of Education but said nothing aboutthe chemicals buried there
bull Eventually the chemicals ere discovered in 0JI and the area asevacuated and treated
bull Total cost of the cleanup as MBH1 million and gtoo7er asn-t liable for any ofit because of their contract hen they donated the land
Minamata a6 apan 7 Mercur6 Poisoninbull n 0FB the 6hisso 6ompany a nitrogen fertilizer company began producing
acetaldehyde (ercury as needed as a catalystbull uring the production process a portion of the mercury as lost D ashed
into the =ay ith the aste aterbull The organic mercury as absorbed by the shell fish and eventually eaten by
people
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bull =y 0IB it as estimated that about B11 people had contracted (inimatadisease
Dopal India 7 MetD6l Isoc6anate
bull n 09K a poisonous cloud of methyl isocyanate gas escaped from the +nion
6arbide plant 7illing thousands of people up to I 7m aaybull The incident happened hen a or7er as cleaning a pipe ith ater and the
ater mied ith the chemicals and over pressured the tan7s causing them torelease the gas
Sudur6 Ontario 7 SulpDur ioBide
bull )ic7el that is mined in ntario is in the form of sulphied ore and cannot be
directly converted into metallic form t must first be smelted D burned toremove the sulphur hich is done in huge open roastslt hich emitted huge
toic clouds of sulphur dioidebull $ulphur ioide hen dissolved in ater became acid rain
bull This devastated the area around the plantL trees are stunted and sparsela7es have no fish no bird life
bull $ince then about F111 hectares have been reclaimed
essons earned
bull Each of these incidents involves ignorance carelessness or incompetenceand most involve an arrogant lac7 of ethical action
bull6onsequences of negligence can be terrifying
+ NCLEAR SAFET
TDree Mile Island
(arch B9 0J a routine maintenance operation a pressure valve stuc7 openalloing radioactive ater to escape from the system for more than B hoursleaving the reactor core partially uncooled
(ore than 0F of the reactor core had melted and fallen to the bottom of thereactor vessel Than7 goodness the molten mass did not burn through thebottom of the reactor to penetrate the ground ater table ampin a cynical version ofthis story the molten mass continues to burn through the interior of the earth untilit emerges in 6hina ampThe 6hina $yndrome
t as not a disaster for the public but the unit as destroyed and the cleanupcost nearly M0 billion
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CDerno6l
April BI 09I reactor number K eploded releasing a huge cloud of radioactive
plutonium cesium and uranium dioide into the atmosphere
Accident occurred during a lopoer test =ecause of the design during loerpoer the ater in the core decreases
To date the number of related deaths is beteen J11101111 They aiteddays even ee7s to admit that it had eploded and they too7 even longer toevacuate the peopleessons earned
bull The possibility of disaster might be very small but it is not zero
bull $uch responsibility should never be treated casually
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CHAPTER 8 Product Safet$7 ltualit$ and ia1ilit$
NE$LI$ENCE AN LIAILIT
Engineers are liable for negligent incompetent or careless acts that result indamages to others including the employer
Engineers are required to use reasonable care established practices and elltested engineering principles
Nelience an act or omission that constitutes a failure to maintain thestandards that a reasonable and prudent practitioner ould maintain in thecircumstances
ITH A CONTRACT8
bull )egligence incompetence or carelessness may be a basis for a lasuit overbreach of contractlt
bull t is good practice to consider all reasonable ays in hich an agreementmay go rong foresee damages and include clauses that specify bonusesfor good results or limits to liability
ITHOT A CONTRACT8 (driin)
bull (ay result in legal liability based on tort la ampinuries or damages
bull To in a claim under tort la the plaintiff must prove
o that the defendant had a duty of care to the plaintiff
o that the defendant breached that dutyo that the loss or damage as a direct result of the defendant-s breach of
duty
iability insurance is a ise investment t is essential for manufacturers thatemploy engineers because of
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0icarious ia1ilit$ the engineer-s employer is liable for any loss or damagethat results from a tort caused by an employee The engineer is protectedfinancially but not from disciplinary action by the Association
PROCT ARRANTIES
5ARRANT= applies to goods and products
bull Epress 5arranties promises that the product has a certain quality or itill perform for a certain period of time
bull Implied 5arranties unstated promises that eist as a matter of common
sense A certain amount of quality or function that is epectedltSTRICT LIAILIT
Product defects and consumer safety the focus is on the product itself and noquestions of negligence arise
A manufacturer may be strictly liable for any damage that results from the use ofhis product even though the manufacturer as not negligent in producing it
G)ARANTEE applies to services and agreements
AICE TO ESI$N EN$INEERS TO AOI PROCT LIAILITIES
bull Formal esin Re4ieamps conceptual feasibility and finalbull Codes and Standards adhere to all government industry and company
standards and codesbull Stateofteart esin Metods ma7e choices that lean toard safety
bull Formal Haard Anal$sis identify hazards try to prevent or eliminate actionplan remedial action
bull Formal Failure Anal$sis 3ailure (odes and Effects Analysis amp3(EA and3ault Tree Analysis amp3TA
bull esin Records 2eep good design records to shoe planning for safety
AICE TO MANFACTRERS
bull ltualit$ Assurance and Testin $ 111
bull Instruction7 5arnin and aner Sins f dangers do eist plan forproper signs to give arnings of danger
bull Instruction Manuals Any product that is dangerous should come ith aservice or instruction manual
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bull 5arranties7 isclaimers and oter Pu1lised Material evie allinformation ith the design engineer and by a products liability layer
bull Consumer Complaints nvestigate claims quic7ly to fi problems early
bull Customer Records gtave good records in case of a recall
OTAININ$ CANAIAN STANARS
6hec7 ith the $tandards 6ouncil of 6anada amp$66 They promote efficient andeffective standardization in 6anada
The $66 manages the )ational $tandards $ystem amp)$$ The )$$ ritestandards certify products test products and register quality systems ofcompanies amp$ 111
The $66 coordinates the 6anadian contribution to $ ampnternational
rganization for standards and E6 ampnternational Electrotechnical 6ommission
ISO === 7 QALIT MANA$EMENT AN QALIT ASSRANCESTANARS
t is a standard for effective management of a manufacturing corporation in orderto maimize the quality of the manufactured products
A 7ey part of the process involves the development of a ualit 3anual thatdocuments the four 7ey aspects of the certification process
bull quality policies for every aspect of the corporation-s operationsbull quality assurance procedures
bull quality process procedures
bull quality proof
ISO 3=== 7 ENIRONMENTAL MANA$EMENT SSTEMS
The process requires the company to eamine every function of its operationsith the goal of identifying activities ith a significant environmental impact andcommitting the company to preventing pollution in all of its many forms
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CHAPTER 8gt isciplinar$ Poampers and Procedures
EFINITION OF PROFESSIONAL MISCONCT
Each Association has the poer to prosecute people ho unlafully practiceprofessional engineering and to discipline licensed engineers ho are guilty ofprofessional misconduct or incompetence
The provincial Acts typically identify I causes for disciplinary action
bull Professional Misconduct Any conduct detrimental to the best interestsof the public or that harms or tends to harm the standing of the profession
generally as unprofessional conduct ampor an act that ould reasonably beregarded as unprofessional
bull Incompetence a lac7 of 7noledge s7ill udgment or disregard for theelfare of the public that demonstrates the member is unfit to carry out theresponsibilities of a professional engineer
bull Nelience carelessness or carrying out or7 that is belo the acceptedstandard of care or performance
bull reac of te Code of Etics
bull P$sical or Mental Incapacit$ this is included as a definition ofincompetence
bull Con4iction of an Offense isciplinary action against a member ho isguilty of an offense that is relevant to the member-s suitability to practice
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ISCIPLINAR PROCESS
hen a complaint of negligence incompetence or professional misconduct ismade against a licensed professional engineer it sets in motion a Fstageprocess of
bull Gathering nformationbull Evaluating the 6omplaint
bull 6onducting a 3ormal gtearing that enders 4udgment
Stipulated Order A simpler form of disciplinary hearing for less serious casesThe decision of guilt or innocence is decided by one representative and the resulthas no appeal process =oth parties agree to the outcome
f a member or licensee should be found guilty the iscipline 6ommittee can
bull suspend or revo7e your licensebull impose restriction on your license
bull require the member to be counseled or reprimanded
bull ma7e you pay cost of investigation or hearing
bull ma7e you rite eams or ta7e courses
bull impose up to a M01111 fine
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CHAPTER 8 Maintainin Professional Competence
Engineers have the privilege of selfregulation a privilege accompanied by acorresponding duty to maintain competence and avoid professionalobsolescence
The process requires engineers ampand engineering corporations to maintaincompetence by
bull enineerin practice or emplo$ment
bull formal education amp+niversity or Association courses
bull informal education ampshort courses or seminarsbull pu1lications
bull participation in enineerin societies
bull 1encmarin ampcomparing your practices against best practices
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CHAPTER 8 Enineerin Societies
The maor purpose of engineering societies is to encourage research into netheories or methods to collect and classify this ne information and todisseminate it to members so that it can be put to good use
The difference beteen an association and a society is that the Associationregulates professional behavior and the $ocieties disseminate engineeringinformation $o you should be a member of both
$ocieties have been established by groups of engineers hose commoninterests are based on
bull discipline
bull product
bull facility
bull evaluation
bull function
bull environment
bull language
bull geographical area
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THE CONCEPTS OF PROFESSIONALISM
PROFESSION
bull A learned calling ith specialized 7noledge
bull Performs services ith advanced 7noledge s7ill and udgment in hich
the public trusts
bull gtas public obligation and performs services in the general public interest
bull s bound by an ethical code in its relationship ith the public clientsemployees and colleagues
bull Accepts responsibility to regulate professional members and professionalservices provided to clients and the public
Engineering is a profession that is selfo4ernin and has the authority todiscipline members ho fail to comply ith proper standards of practice andconduct
The engineering profession is
bull highly organized
bull minimum standards of admissionbull regulate the activities of their members amps7illed practice and ethical conduct
bull promote the advancement of 7noledge
Professionals depend on the confidence ofbull the client or employer
bull the public
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ECEENCE
A shared commitment ith your peers to strive for ecellence
ETHICS
Ethics deals ith voluntary actions ta7en by an individual ith sufficient7noledge of options available
The COE OF ETHICS shapes the practice in to important aysbull provides a commonest of values hich offers a reliable professional
product to the public
bull professional relationship of trust ith the public is fundamental
APE$$A COE OF ETHICS
Professional Engineers shall recognize that professional ethics is founded uponintegrity competence dignity and devotion to service
8 P En sall old paramount7 te ealt7 safet$ and ampelfare of te pu1lic and en4ironment
bull They have an obligation to report conditions hich present an
immediate threat to safety health elfare or the environment
bull t should first be reported to the professionals involved then to
corporate or regulatory authorities
PEn sall undertae onl$ ampor tat te$ are competent to perform 1$teir trainin and eperience
bull Professional members should ensure to the best of their ability thatstatements on engineering matters attributed to them properly reflecttheir professional opinion
Stampin and Sinin ocuments8
bull Professionals shall only stamp and sign documents that they haveprepared or that have been prepared under their direct supervision andcontrol
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bull hen or7 is prepared by others they shall only stamp and sign afterhaving thoroughly revieed the or7 and accepted responsibility for it
bull Engineers ho apply their seals or stamps to reports plans or otherdocuments are stating that they understand and are in agreement ith
these documents
bull The absence of a seal or stamp does not necessarily indicate that aprofessional member has not revieed the document not does itrelieve the member from professional or legal responsibility if it can beshon that he or she as involved ith the or7
B P En sall conduct temsel4es ampit interit$7 onest$7 fairness ando1ecti4it$ in teir professional acti4ities
bull A client-s or employer-s interests should be held in high regard gtoeverthe folloing duties ta7e precedencelt
o duty to protect public safety
o duty to the professions under the 6ode of Ethics
o duty to act fairly to all parties hen administering a contract on
behalf of a client or employer
bull Professionals should 7eep confidential all information that is acquired inthe course of their professional duties and that concerns the businessaffairs of present or past clientsemployees
gt PEn sall compl$ ampit applica1le statutes7 reulations and 1$laamps inteir professional practice
bull Professionals should maintain adequate 7noledge of the la relating totheir area of practice
bull esponsible n4ironmntal mana+mnt comutr softar anddiscrimination are a fe of the subects covered under this ule
PEn sall upold and enance te onor7 dinit$7 and reputation of teir professions7 and te a1ilit$ to ser4e te pu1lic interest
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bull Advertisements proposals and presentations should be factual clearand dignified
bull A professional should be careful to give due credit to others
bull nly revie the or7 of another professional hen they have beeninformed unless there is a confidentiality agreement to the client
bull gtelp ET-s
APE$$A COE OF ETHICS
0 P Eng shall hold paramount the DealtD safet6 and elfare of tDe pulic and enironment
B PEng shall underta7e only or tDat tDe6 are competent to perform bytheir training and eperience
F P Eng shall conduct themselves ith interit6 Donest6 fairness and
oGectiit6 in their professional activities
K PEng shall compl6 itD applicale statutes reulations and 62las intheir professional practice
H PEng shall uphold and enhance the Donor dinit6 and reputation of their professions and the ability to sere tDe pulic interest
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COPRI$HTS
9RiDt to cop6
nly the oner of the or7 is alloed to reproduce the or7 or permit others tocopy it
Plaiarism is copying someone else-s or7 and claiming it as your on
Fair ealin +se or reproduction of or7 for private study research criticismrevie or nes reporting
Cop6riDts appl6 to8bull iterar$ ampors boo7s poems pamphlets computer programs
bull ramatic ampors films videos plays scripts
bull Musical ampors compositions ampords and music
bull Artistic ampors paintings draings maps photos sculptures architects
Also to8bull Performer(s performances actors musicians dancers
bull Communication Sinals broadcasters
bull Sound Recordins
6opyright is restricted to the epression in a fied manner amptet recordingdraing of an ideaL it does not etend to the idea itself
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3acts ideas and nes are all considered public property
6opyright does apply tobull $ong
bull )ovel
bull Playbull (agazine article
bull 6omputer program
bull ideo 6assettes (ovies
6opyright does NOT apply tobull $ong titlebull Plot ideabull Play of gtamletbull 3acts in an articlebull )ame of a computer programbull (a7ing a copy of a musical tape amproyalties have been paid already
bull 6opies for educational institutions ampcan 7eep radio and nes tapes for 0 year
bull )onprofit libraries archives and museumshen you create a or7 you automatically have copyright protection providedthat at the time of creation you ere a 6anadian 6itizen or a resident in a countrythat participates in 6opyright rules
Autorsip The person that creates the or7
Oampnersip f you are the creator of the or7 you on the copyright f you
create a or7 hile employed the copyright belongs to the employer ou canlegally transfer your rights to someone else then they on the copyright
uration 6opyright ampintellectual property lasts for the life of the author N H1years
Moral Rits Even if you sell your copyright you still retain moral rightsltThis means that no one including the person ho ons the copyright candistort mutilate or modify your or7 ampchange the ending use for a commercial etc
(oral rights eist for the same length as the copyrightou cannot sell or transfer your moral rights but you can aive them
RE$ISTRATION OF A COPRI$HT
ou do not have to register a copyright to have protection in 6anada
f you choose to register ith the copyright office you receive a certificate hichcan be used to your advantage if your or7 is infringed t is evidence that it is
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your or7 and you are the oner n a dispute you do not have to proveonership
ou send the application to the 6opyright office and you do not send your or7in ou may need to send a copy to the )ational ibrary of 6anada but the
6opyright office doesn-t revie your or7 at all
There is no requirement to mar7 your or7 under the 6opyright Act ou canmar7 it li7e this
)ame ear copy e 4ane oe 09I copy
ou can use this format even if you have not registered your or7
The 6opyright ffice is not responsible for ensuring that your copyright is notbeing infringedCCthis is your ob ou have to launch legal action yourself and
the courts are left to decide
Assinment As the oner you may decide i4e up part or all of $our rits toanother party The assignment may be for the hole term or for ust a certainpart of the term
icense ou as the oner give someone else permission to use your or7 forcertain purposes and under certain conditions but you still retain onership oudo not i4e up $our rits
Ro$alties (oney paid to the copyright oner as commission for sales of theiror7 or permission to use them
Tariffs $et fees that users must pay for using certain copyright material
Collecti4es an organization that collects royalties on behalf of its members
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TRAEMARampS
A trade2mar is a ord symbol or design to distinguish the products or servicesof an organization or person from others t can also represent a reputation
Ordinar$ Mars ords or symbols that distinguish your product or service ampe Giddy+p
Certification Mars identify ares or services that meet a defined standardThey are oned by one person but licensed to others to identify ares orservices hich meet a defined standard ampe oolmar7 APEGGA seal
istinuisin uise identifies the unique shape of a product or its pac7ageampe eggs Egg
A trade name is the name under hich you conduct your business The tradename can be registered under the Trade(ar7s Act only if it is also used as aTrademar7 ampto identify products or services
RE$ISTERIN$ A TRAE2MARamp
The Reistered Trade2Mar is one that is entered on the Trademar7s registerou are not required to register your trademar7 if you use it for a certain lengthof time you can establish onership by 6ommon a
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bull egistration of your trademar7 gives you the eclusive right to use the mar7across Canada for 8 $ears then you have to rene it
bull t is recommended that you register your Trade(ar7 in case someone elsetries to use it
bull f you fail to use the mar7 for an etended period your registration may becancelled
bull ou can register a trademar7 by filing an application for registration ith theTrademar7s ffice our trade2mar must e used in Canada efore itcan e reistered+
RE$ISTRATION QALIFICATIONS
bull 6annot be primarily your full name or surname ampunless you can prove it is already
identified
bull ou may not register a ord that clearly describes a feature of the product orservice ampseet uicy
bull The ord cannot be clearly misleading ampdeceptively misdescriptive ampe sugarseet if it has no sugar
bull ou may not register a ord that clearly designates the place of origin of theproduct or service or if it misleads the public into thin7ing that the productcomes from there ampParis 3ashions Atlantic 6od but you can use )orth Pole =ananasbecause no one ould epect them to come from there
bull ou can use a disclaimer statement indicating that you are not claimingeclusive rights for certain ords appearing in the trademar7 n this ayyou can use clearly descriptive ords hich are unregisterable on their onampce 6ream in =ob-s ce 6ream
bull )ames of products in other languages cannot be registered ampurstlt is Germanfor sausage
bull 6annot be registered if it consists or a plant variety denomination
bull ou cannot use ords symbols sounds or ideas that are confusingly similar
to a registered trademar7 or a pending mar7 amp2ing og 3ood and 2ing 6at 3oodould be refused
bull ou cannot register a trademar7 that resembles certain official symbolsunless you have the consent of the authority in question
o fficial government symbols
o 3amily coats of arms
o =adges and crests or 6(P
o Emblems and names of ed 6ross or +)
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o 3lags of other countries
o $ymbols of provinces
=efore you try to register your trademar7 do a search and include trade namesas ell
After you have a registered trademar7 to 7eep it you mustLbull Pay the registration fees every 0H years
bull +se the trademar7 in 6anada or it ill be epunged
Assinment to sell or transfer your rights to a trademar7 to another party
Marin ReDuirements The Trade(ar7s Act does )T have anyrequirements but many oners indicate their registration through the folloingmar7s
983214 O registered trademar7
991522 O trademar7$( O service mar7
The Trade(ar7 ffice ill prevent anyone else from registering your trademar7but it is your responsibility to monitor the mar7etplace and ta7e legal action ifsomeone is using your trademar7
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PATENTS
A patent is
bull A document protecting the rights of the inventor
bull A repository of useful technical information for the public
The idea is to promote the sharing of technological information hile giving you amonopoly on your creation
ith a patent the government gives the inventor the right to eclude others fromma7ing or selling your invention
The invention is protected from the day the patent is granted to a maimum of =6ears after the day you filed your application
The Patent ffice then epects you to provide a full description of your inventionso that all 6anadians can benefit from this technology They allo your
application to be open gt montDs from the filing date during the con4ention priorit$ date
Patent applications are made pulic gt montDs after the 6anadian 3iling ate
ou must obtain a valid patent ithin 8 $ear of main te product pu1lic
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A 6anadian patent is only etended throughout 6anada ou must apply forpatent rights in other countries separately
t is important to 7eep your invention secret until your first patent application isfiled in order to preserve your rights to file later in most foreign countries
3or an invention to be patented it must be
bull NO0ET= 3irst in the orld
bull )TIIT= 3unctional and operative
bull INGEN)IT= $ho inventive ingenuity and not be obvious to someones7illed in that area
The folloing items are patentable
bull Product ampdoor loc7
bull A composition ampchemical composition li7e lubricant
bull An apparatus ampmachine to ma7e door loc7s
bull A process ampmethod
bull An improvement on any of these
The idea alone is not patentable t must be reduced to something physical
ou CANNOT patentbull A scientific principle
bull An abstract theorem
bull An idea
bull A method of doing businessbull A computer program
bull A medical treatmentn 6anada patents are given to the first inventor to file an application
f you invent something hile or7ing for an employer on the employer-s timeith the employer-s materials at the epense of the employer the inventionrights still belong to you unless you have been hired by the company to inventpatentable inventions
PATENT APPLICATION
+ $et a Patent Aent
+ Preliminar6 SearcD
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bull ou can do a preliminary search in the online database or visit the Patentffice in person
0+ Preparin tDe Patent Application
bull A patent application must consist ofo a1stract ampbrief description
o specification ampclaims and boundaries of protection
o draampins
3+ File 6our Application4+ Reuest eBamination5+ EBaminer does searcD and approes or oGects+lt+ Respond to an6 oGectionsgt+ Patent ranted or oGected+
CONENTION PRIORIT
(any countries belong to the Paris 6onvention for the Protection of ndustrialProperty
This treaty allos you to invo7e convention prioritylt hich means that your filingdate in one member country ill be recognized by all others provided you file inthose countries ithin the first year
ampe if you file in 6anada in 4anuary B111 you could file up to one year later in most countriesamp4anuary B110 and still receive the same rights as if you filed in B111
PATENT COOPERATION TREAT (PCT)
t provides a standardized international filing procedure for foreign patents hichis shared by our principal trading partners including the +$ 4apan and mostEuropean countriesou may file for a patent in as many as 01I member countries through a singleapplication filed in 6anada
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INSTRIAL ESI$N
An Industrial esin is the features of shape configuration pattern or ornamentapplied to a finished article made by hand tool or machine ampappealing to the eye
There is no time limit for filing an application as long as the design has neverbeen published ampmade public to anyone
ou must file ithin 6ear of going public ith your design or you ill lose youreclusive rights to the design
The advantage of registering your industrial design is that it gives you eclusive
right to your design for up to = 6ears from tDe date of reistration
+nless you register your design you can ma7e no legal claim of onership andhave no legal protection from imitation
nly the proprietor ampcreator of the design may obtain registration unless youhave been hired to develop a design Then the hirer is the proprietor
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Trade Secret industrial 7noho or valuable information acquired by abusiness t could be a
bull formula
bull pattern
bull device
bull compilation of info used to give you an advantage over the competitors
ou cannot registerbull That don-t have visual appeal
bull 3eatures that are hidden from vie or too small to appeal to the eye
bull A method of construction
bull An idea
bull (aterials used in construction
bull 3unction of an article
bull 6olor
ESI$N RE$ISTRATION
The application ill includebull Application forms ampdescription
bull At least one draing or photograph
bull 3ees
The process ill include
bull nitial processing
bull Eamination
bull egistration
ou do not have to mar7 your design in order to indicate that it is registered butmar7ing it gives you etra protection
As proprietor you may ta7e legal action against anyone ho infringes on yourdesign in 6anada but you must ta7e action ithin F years of the incident
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An 9assinment occurs hen you sell all or part of your rights in the designpermanently to another party
ou can 9license another user to allo someone else to use your design but
you still retain onership
To have your design protected in other countries you must apply separately ineach country
ou have 5 montDs to file for 9conention priorit6+ampe you apply to register in 6anada in 4anuary B111 then you have until 4uly B111 to file in other 6onvention countries and receive the same rights as if it ere 4anuary B111
LA FOR PROFESSIONAL EN$INEERS OOamp
CHAPTER 8 Te Canadian eal S$stem
The legal system of 6anada is based on the English common2lalt system andthe English courts of euit6lt system ampudgemade la and is calledCOMMON2LAlt
The 3ederal 6ourt of 6anada has urisdiction over federal matters such aspatents trademar7s and copyrights
Pu1lic aamp deals ith the rights and obligations of government ampcriminal and6onstitutional la
Pri4ate aamp deals ith the rights and obligations of individuals or private organizations ampCONTRACT AN TORT LA
Termsbull itigation lasuit
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bull Plaintiff party bringing the actionbull efendant party defending the actionbull Appellant party appealing the decisionbull espondent party see7ing to uphold a decisionbull Privity of contract legal relationship beteen parties to a contract
bull 6reditor party to hom an amount is oingbull ebtor party that oes an amount to creditor bull $uarantee A guarantees = the debt of 6omp amphen = doesn-t get paid
= goes to 6omp first then to A
bull Indemnification a promise to directly compensate or reimburseanother party for a loss or cost incurred f Aindemnifies = the debt of 6omp amphen = doesn-t get paid =goes directly to A
CHAPTER usiness Oraniations
Sole Proprietorsip an individual carries on business by and for himself andalso enoys the profits and incurs any losses personally
Partnersip an association of persons ho conduct business in common ith avie to profit ndividuals or organizations share profits and losses
Corporation an entity unto itself distinct from its oners ampfictitious personThe corporation itself ons its assets and incurs its on liabilities
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CHAPTER B International Considerations
t is etremely important to obtain advice from an appropriately eperiencedlayer in the foreign country or have the advice of a consultant in that countryt is ise to purchase political ris7 insurance and to use careful udgment together ith a local influential partner
$ome potential ris7s of or7ing internationally are
bull Political Ris is one of the more obvious ris7 factors in or7inginternationally The 6hanges in government can lead to significant policychanges
bull Licensin reuirements and obtaining necessary permits and approvalsin a foreign country under different legal systems can be timeconsuming
bull Financial Riss due to currency echange and controls or restrictions onthe transfer of funds out of the country
bull Contract documents and forms used on proects may be different
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CHAPTER gt Tort ia1ilit$
Tort8 generally refers to a private or civil rong or inury one that involvesnegligence and that may arise independently of contract ampcar driver and victim
amphich includes financial loss hen based on a professional-s opinion
The fundamental purpose of tort la is to compensate ictims of tortsPunishment of negligent rongdoers IS NOT a purpose of tort la
Professional liability insurance should provide protection if an engineer-snegligence results in damage arising in tort
n order to satisfy the courts that compensation should be made the plaintiff in atort action must prove that
bull The defendant oed the plaintiff a duty of care
bull The defendant breached that duty by his conduct
bull The defendant-s conduct caused the inury to the plaintiff
f any 0 of these F aspects is not proven to the satisfaction of the courts theplaintiff ill not in
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A significant factor in a tort action is the establishment of the standard of carerequired of the defendant
The standard is applied based on the premise that engineers have a duty to use
the reasonable care and s7ill of engineers of ordinary competence Thereasonable carelt is measured by applicable professional standards of theengineering profession at the time the services ere performed
Strict ia1ilit$ manufacturers and employers are held strictly liable hen faultis not necessary if compensation is to be provided ampnot yet upheld in 6anadaampe All employees ma7e contributions on behalf of employees and if someone is inuredcompensation is provided ith no finding of faultampe A manufacturer may be strictl6 lialelt if for any damages that result from the use of theirproduct
0icarious ia1ilit$ The employer is responsible for damaged caused by its
employees The employer provides compensation because it is presumed thatthe employer is in a better financial position than the employee
Concurrent Tortfeasors hen more than one party is liable in a tort actionThe defendant-s together are called concurrent tortfeasors
Products ia1ilit$ The plaintiff must be able to establish that damage hasclearly resulted from appropriate use of a product and the defendantmanufacturer must then persuade the court that at the time the manufacturercould not have foreseen the defective nature of the goods manufactured6anada has not yet ta7en a strict liability approach on products as the +$ has
Products liability has developed through principles of both contract la and tortla The tort concept of fault has been applied and implied contractualarranties that the product is effective and the contract of a sale must also eist
n productsliability matters economic losses ampin the absence of physical inurymay in some circumstances be recoverable
Standards of Care and ut$ to 5arn A manufacturer must arn theconsumer of any dangerous potential of the product by appropriate labeling
Oter Tortsbull Tort of defamation8 ampif the statements that damage the reputation are true there is
no liability
o ibel D in riting
o $lander D verbal
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bull Occupiers Liailit68 The occupier of a property must eercise therequired standard of care to ensure the safety of individuals coming ontothat property
bull Tort of Nuisance8 esigned to alleviate undue interference ith the
comfortable and convenient enoyment of the plaintiff-s landampe insecticide spray drifting onto other land
CHAPTER Proof
The burden of proof is on the plaintiff to prove the case against the defendant
Engineers often find themselves ma7ing appearances as eBpert itnesses incourt
The epert is permitted to epress opinions ith respect to his or her area ofepertise and the itness should be cautious and restrict testimony to such
area
ou ill be hired by one side and crosseamined by counsel from the otherparty
Preparation is of the utmost importance in litigation The epert itness shouldclearly understand the issues in the lasuit and be aare of the scope ofquestions that can be reasonably epected
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CHAPTER 28 Contracts
3or a contract to be binding and enforceable the folloing elements must bepresent
bull An offer made and accepted
bull (utual intent to enter into the contract
bull 6onsideration or offer ampan echange of promises each promise representing
something of valueCpayment of money is not essential
bull 6apacity to contract ampcan-t be a minor drun7 or crazyCenforceable by the drun7 if
the other party 7ne they ere intoicatedbull aful purpose 6ontract on-t be enforced if it is unlaful
An offer is a promise made by one person to another
)ot all contracts are in riting
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+ntil it is accepted the offer may be ithdran by the offeror unless it is madeepressly irrevocable by its terms
Irre4oca1le Offers =idders submit offers or tenders that have been madeirrevocable for a specific period of time At any point during that period the offer
may be accepted and a contract ill be formed
Option Contract This contract is another means of 7eeping an offer open for acertain period of timeampe The party purchasing the option may ant do eploration or7 for a period of time beforedeciding to spend a large sum of money on the property
EDuita1le Estoppel A udge can stoplt the strict terms of a contract from beingfolloed if it is proven that the terms had changed outside of the agreementampoften used hen etensions to deadlines are agreed upon and then the person tried to go bac7to the original ritten contract
Pursuant to contract la consideration ampor a seal must be present in order toma7e a change to a contract enforceable D otherise it is ust a promise not laThe courts protect the person in the situation here a promise is ta7en as fullagreement
Statute of Frauds Ensures that certain types of contracts must be in riting tobe enforceable
Rectification This order can be applied for to rectify a contract because of asecretarial or recording mista7e
)nilateral Mistae A mista7e made by only one party to a contract 6ourts illdecide hether a contractor ill be relieved of their mista7e
CHAPTER 8 Tenderin Issues Contract A
a of tendering in 6anada gives the principle that there are B separatecontracts that arise in the tendering process
0 Contract A D the contract of irrevocability ampthat deals ith the tenderingphase
B Contract D the construction contract ampapplies to the construction phase
The number of number of tenders submitted is the number of 6ontract A-s thatare formed
The original tender pac7age contents cannot be changed ithout notifyingeveryone or you are in =reach of 6ontract A
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CHAPTER 82 Contract Interpretation
Parties to a contract sometimes dispute the meaning of part of the contract Todifferent approaches can be ta7en hen interpreting contracts
bull i1eral Approac ta7es into account the intent of the parties and maylead to speculation on that intent
bull Strict Approac focuses on the precise ords in the agreement andmay rely on dictionary meanings
Contra Preferentem hen a contract is ambiguous or unclear it ill beinterpreted against the person that rote it up
Parol E4idence Rule hen verbal agreements outside of the ritten contractare included as rule in a contract n most cases if a condition is agreed uponverbally but is not included in the contract then the condition is not part of thecontract
Implied Terms hen the inclusion of obvious terms of a contract have beenoverloo7ed here it is reasonable implied terms may eist in a contract
CHAPTER 83 iscare of Contracts
There are several ays to discharge a contract
bull Performance hen all parties have completed their respectiveobligations the contract is at an end
bull Areement to iscare Parties in a contract are alays free to amend
the contract or agree to cancel or terminate the contract upon mutuallyagreed terms
bull iscare Pursuant to Epress Terms t is advised to include in acontract terms here all parties may terminate the contract if certainoutside events ere to occur ampe ban7ruptcy
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bull iscare 1$ Frustration hen changing unforeseeablecircumstances occur that may radically change the obligations of theparties
o Force Maeure Provides that the time for completion ill beetended in the event of ar riot flood labor dispute or other
events that are beyond the control of both parties
bull iscare 1$ reac of Contract ne party fail to perform obligations
o iscare 1$ Repudiation hen the party to a contract
epressly tells the other party that they have no intention ofperforming contractual obligations
CHAPTER 86 reac of Contract
f a party to a contract fails to perform obligations specified in the contract thenthat party has breached the contract
The innocent party is entitled to certain remedies depending on the nature of thebreach and the terms of the contract
Condition an obligation that is essential or vital to the contract5arrant$ an obligation that is NOT essential or vital to the contract
A =reach of 6ontract is a cause for discharge only if its effect is to render itpurposeless for the innocent party to proceed further ith performance
Repudiation hen the party to a contract epressly tells the other party thatthey have no intention of performing contractual obligations
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REMIIES
A nondefaulting party is entitled to damages for losses incurred as a result of abreach of contract
irect amaes Actual calculated difference in the cost of having to chooseone service over the other ampthe loest bid is chosen and then they refuse to do the or7so the second loest bid is chosen and the party sues for the monetary difference beteen theloest and second loest bid
Indirect amaes Are consequential to the breach and might include damagesfor lost profits or damages incurred if the contract is not fulfilled
iDuidated amaes Are preestimated damages if certain events ere tooccur that are ritten into the contract under a Penalty 6lause
ltuantum Meruit hen services have been requested and performed but nooutside agreement as reached beteen the parties as to hat payment ouldbe provided in return for the services then the courts can aard the person ithas much as is reasonably deservedlt for time spent and materials supplied
Su1stantial Compliance hen a contractor has substantially complied iththe terms of a contract yet failed to comply ith some minor aspect of thecontract The contractor ill be paid the contract price minus the cost ofdamages caused by the minor problems
Specific Performance hen the courts require a party to perform a contractual
obligation li7e the sale of land or a personal item
Inunction A court order that prohibits or restrains a party from performing anactCHAPTER 9 Fundamental reac
Applies to a contract that contains an eemption clause amphere parties limit theirliability if a breach of contract results and ma7es the eemption ineffective
CHAPTER 8 Areement etampeen Client and Enineer
A contract beteen a client and an engineer must include all of the essentialcontract elements
The document ill not specify the degree of care that is required of the engineerin carrying out the services =ut the engineer is liable for incompetence
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carelessness or negligence that results in damages to the client and for notperforming ith an ordinary and reasonable degree of care and s7ill
CHAPTER Concurrent ia1ilit$ in Tort and Contract
+nless otherise stated in a contract the standard of care epected of anengineer doing a ob is the same standard of care by hich an engineer-sperformance is measured in tort
3or a breach of contract there is a limitation period of I years from date of thebreach in hich to press charges instead of hen it is discovered
n tort the limitation period in hich to press charges starts hen the damagesare first detected
CHAPTER 3 Ar1itration and AR
A lasuit is not alays the best ay to resolve a dispute beteen contractingparties especially technical disputes
Ar1itration or Alternati4e ispute Resolution +AR- t is less costly and lesspublic than litigation
An engineer that is an arbitrator is epected to act impartially and independentlyof the parties to the dispute
The Arbitration Act deals ith the appointment of an arbitrator and sets out astructure or set of rules to govern the conduct of an arbitration unless the partiesagree that some other structure or rules ill apply
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The Act also gives arbitrators the urisdiction to aard preudgment and post udgment interests ust li7e the courts have under the 6ourts of 4ustice Act
Partnerin intended to respond to the need for improved attitudes amongstindustry participants to the importance of teamor7 on proects
This cooperative attitude should assist in resolving proect disputes at an earlystage
) TGAT) and A=TAT) result in a 4+G(E)T TgtAT $=))G
Proect Neutral (proGect manaement oerie) The companies appoint a
proect neutral usually an independent professional eperienced in the industryto be aare of developments on the proect ith a vie to offering unbiasedadvice and decisions
Mediation esolving disputes through the negotiating process involving amediator ho is to provide guidance and to facilitate the settlement process agobeteenlt in communicating proposed settlements
There is no udgmentL the parties need to or7 out their differences
CHAPTER BB Industrial Propert$
Industrial Propert$ Rits ights that generally relate to patents trademar7scopyrights and industrial design
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CHAPTER Enineerin Etics
ETHICAL THEORIES
Mill(s )tilitarianism the best choice in a moral dilemma is that hich producesthe maimum benefit for the greatest number of people ampdemocracy
ant(s Formalism +ut$ Etics- each person has a duty to act ethicallygtappiness is the result of good ill the desire to individually do your duty and follo all the rules
oce(s Rits Etics everyone has rights The right to life human dignityand liberty hich must be recognized by others and not stomped on
Aristotle(s 0irtue Etics choosing the happy mediumlt
COE OF ETHICS
A decision that gives a benefit to you it is a conflict of interest our decisionsmust not only be ethical but must be seen by others as ethical
The codes are statements of general principals folloed by instructions forspecific conduct and emphasize the duties that an engineer has to
bull Societ$ this is the most important Engineers have a duty toprotect the safety health and elfare of society
bull Emplo$ers to act fairly and loyally and to 7eep business confidentialou must also disclose any conflict of interest that may arise
bull Clients
bull Colleaues act ith courtesy and good ill
bull Emplo$ees and Su1ordinates recognize the rights of others
bull Enineerin Profession (aintain dignity and prestige
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bull Oneself payment or7 conditions strive for ecellence and maintaincompetence
CHAPTER 2 Etical Pro1lems of Enineers in Industr$
The employer clearly does not have the authority to direct an engineer to brea7the la The engineer should advise the employer that the action is illegal andrefuse to do it
The employer cannot direct an engineer to violate the code of ethics Theengineer should advise the employer of the section of code and decline to ta7eaction
The employer cannot as7 an engineer to do something that contravenes theengineer-s conscience or moral code The engineer must
bull Gather all relevant information
bull efine the ethical problem
bull Attempt to see the problem from the employer-s point of vie
bull Generate and eamine alternative courses of action
bull 6onsider personal consequences
ETHICAL PROLEMS IN THE INSTR (CASE STIES)
+ ACCEPTIN$ A ETTER O OFFER---
Already accepted a ob a better ob is offered B ee7s laterCC
bull Ta7e the better ob
bull Tell the first ob that she is ta7ing the better ob but offer to pay for recruitmentfees ampcompromise D it ac7noledges ethical duty maimizes benefits
bull 2eep the original ob
+ SEEampIN$ EMPLOMENT ELSEHERE---
or7ed for same company for F years all trained but boredCC
bull f training too7 one year you should or7 there at least 0B years aftertraining so the company can realize its investment
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0+ E1TRA PART2TIME EMPOMENT ON THE SIE---
bull nform the main employer to see if it is 2
bull Employee must sho fairness and loyalty to the employer
bull )o conflict of interest ampno competing on same contractsbull Parttime or7 should not reduce employee-s efficiency for main ob
3+ SHOL EN$INEERS OIN LAOR NIONS---
bull es as long as the engineers are no managers in the company
bull t might be better to inform management of their dissatisfaction ith theirsalaries and negotiate individually or as a group Then see7 legal advice
4+ FALSE EN$INEERIN$ ATA IN AERTISIN$---
The elfare of the general public is the most important
bull nform the engineering manager
bull ecide to or7 for change ithin the company be the histlebloer or quit
5+ ISCLOSIN$ CONFIENTIAL COMPAN INFORMATION---
ou 7no that something is dangerous but you hear of a competitor that is going
to use itCC
bull Tell your employer first and determine the best ay to tell 6ompany =
bull ou must tell 6ompany = about your findings and potential problems tosave the public
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CHAPTER 3 Etical Pro1lems of Enineers in Manaement
bull )nlicensed Personnel using them to carry out professional engineeringor7
bull Misuse of Enineerin Title
bull Re4ieampin 5or and E4aluatin Competence engineers should notunderta7e or be assigned or7 that is not ithin the competence level of theengineer
bull 5or Re4ieamped for Accurac$ engineers have other engineers chec7 theiror7 only ith their 7noledge
bull 5or Re4ieamp to Assess Competence engineers have revies as long asthey are informed that it is happening
bull iscrimination in Enineerin Emplo$ment
Computer Pro1lems security infringement of copyrights incorrecttransmission errors and bugs softare piracy
ETHICAL PROLEMS OF MANA$EMENT (CASE STIES)
+ NLICENSE EN$INEER PRACTISIN$ IN A NE PROINCE---
f you have a valid license from another province you need to apply for a neone right aay in the ne province ithout a valid license in the province youare or7ing in your or7 should be supervised by another engineer
+ OFFENSIE LAN$A$E TO THE P AT THE COMPAN PICNIC---
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ou can-t fire someone for an alternation at a social event There must be arecord of continual insolence and insubordination ou should refuse to fire himin riting and give him a reprimand instead
0+ CONFLICT OF INTEREST---
ou are on a committee that is deciding to revise specifications These revisionsill help out your company and the committee chair-s company but ill ma7e ithard on competitorsou must tell the committee of the conflict of interest
3+ ERRORS IN EN$INEERIN$ PLANS OR SPECS+---
ou notice errors in design hen your role is supposed to be in manufacturing
ou should phone the client and tell him about it and then follo up ith a letterand then proceed ith the fabrication after you get ritten conformation from theclient f the errors may cause harm to the public you must report it
4+ ampEEP PRELIMINAR ATA SECRET NTIL AFTER SHAREHOLERSMEETIN$---
t is ethical to 7eep preliminar6 results secret until the final results are 7non forcertainty
5+ ACCONTAILIT IN A NE O HERE PREIOS MANA$EMENTHAS TAampEN NO ACTION AN NO O ARE ACCONTALE
ou are alays responsible to act ith professional integrity and high ideals
bull 3irst tell the person ho is committing the misconduct nclude thebenefits of dealing ith the situations and the consequences of notdealing
bull Then suggest that together you discuss the matter ith senior
management or the Associationbull 3inally if you have no choice go alone to senior management or get
advice from the Association
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CHAPTER 6 Etical Pro1lems of Enineers in Pri4ate Practice
THE CLIENT 7 CONSLTANT RELATIONSHIP8
The consultant ampengineer is usually hired to monitor an engineering proect li7ethe construction of something This creates a relationship beteen the
contractor ampdesigner or builder the consultant ampengineer and the client amponer
Independent Model The client eplains the problem and hands all decisionma7ing over to the consultant =ad because the client can-t ma7e any choices
alanced Model The consultant ma7es recommendations and provides theengineering advice but the client chooses the path to follo This is the middle of the spectrum
Aent Model The consultant ta7es orders from the client This doesn-t use anyof the engineer-s 7noledge
AERTISIN$ EN$INEERIN$ SERICES
Engineers can only advertise through factual representation ithouteaggerationlt
ou cannot use the engineer-s seal or association-s seal in any form ofadvertising
SE OF THE EN$INEERS SEAL
The Act requires that all final draings specifications plans reports and otherdocuments involving the practice of professional engineering must be datedsigned and sealed
t is not optional to use the seal
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(ost documents state that they ere prepared or ceced and appro4ed bythe person ho sealed them
The seal is legal because it indicates that the person accepts responsibility forthe accuracy of the documents and implies that the person has a thorough
7noledge of the proect to hich the documents relate
o not seal anything that you are not illing to accept full responsibility for
9CHECampIN$ EN$INEERIN$ OCMENTS
Ceced the documents ere prepared by someone under the directsupervision of the person ho signed and sealed them
ou can seal the or7 of others ampnot under direct supervision provided that you
thoroughly revie the or7 and are illing to accept full responsibility
o not assume responsibility for or7 that is beyond your area of epertise or for or7 that you have not thoroughly revieed for accuracy
PREPARATION AN APPROAL
f one engineer prepared the draing and another engineer must approve itthen 1ot seals should appear on it therise only the approving engineershould seal it
f final draings cover more than one discipline then they should be sealed bythe approving engineer ampchief and by the design engineer for each discipline
ETAILE RAIN$S
The engineer generally has responsibility for a proect as a hole and theengineer-s seal must appear on maor reports specifications or draings thatdescribe the proect ou are not epected to seal every draing but they allmust be prepared under the engineer-s control and supervision and you assume
responsibility for all of them hether they are sealed or not
MASTERS AN PRINTS
The master draings must be complete since they are the maor reference fordesign and construction fabrication
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The time to seal a draing is hen it is approved and released for fabrication orconstruction
ou seal te copies7 not te master That ay the prints can be chec7ed formodifications hen sealed
ETHICAL ISSES
Confidentialit$ The engineer has a clear obligation under the code of ethicsto 7eep affairs of the client confidential
Conflict of Interest here the engineer has an interest that interferes ith the
service oed to the client The engineer must disclose any personal interestthat there may be
Re4ieampin te 5or of Anoter Enineer The engineer should be informed hen his or7 is being revieed but it is not necessary to receive permission todo so The elfare of the client or the general public must come before thepersonal ishes of the engineer
Supplantin 6onvincing the client to fire their engineer and hire you instead isunethical
reac of Contract ampcivil liability a failure to complete the obligations specifiedin a contract ou can get protection for this ampliability insurance
Nelience ampcivil liability a failure to eercise due care in the performance ofengineering There is NO protection for this
ETHICAL PROLEMS OF EN$INEERS IN PRIATE PRACTICE (CASESTIES)
+ ORampIN$ AN OTIN$ ON PLANS FOR A STREET-----
ou cannot vote on hether a proect should be accepted if you are involved inbidding on the proect ou must disclose your involvement and abstain fromvoting and participating in the decision ma7ing process
+ ENORSIN$ A PROCT ON T---
t is seen as unprofessional and a conflict of interest
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0+ LE$AL SETTLEMENT AN EIN$ PAI ON THE OTCOME---
As an epert itness you are giving your professional opinions The amount youma7e ampcontingency ill be dependent upon the outcome of the case Getting
paid this ay is a conflict of interest since there is personal benefit based on theoutcome ou should accept a flat rate fee
3+ ORI$INAL SEALE RAIN$S CHAN$E INSPECTION---
ou don-t sign and seal the originalConly the copies so that modifications areevident f the proect isn-t to original specifications the calculations must bedone from scratch and nothing is to be done until they are complete
4+ RECIN$ OR FEE IF THE OECT HAS ALREA EENESI$NE FOR SOMEONE ELSE EFORE---
Establishing fair and reasonable fees depends on
bull evel of 7noledge and qualifications required
bull ifficulty and scope of the assignment
bull esponsibility that the engineer must assume
bull +rgency ith hich the or7 must be completed
bull Time required
ou should not loer your price to produce a similar design for 6lient = but if
6lient A anted a second building that as the same as the first then a smalldeal could be made
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CHAPTER 89 Te Enineer(s ut$ to Societ$ and te En4ironment
T TO SOCIET8
ou must put the greater good of society ahead of personal gain
The to environmental problems that have accompanied the industrialization ofour society
bull Proliferation of MacineMade Haards +sing highays aircraftnuclear poer toic chemicals more often ma7e it more dangerous
bull eradation of te En4ironment The lifestyle of industrialized nations
requires a high energy usage to maintain it The consumption of fossilfuels and the careless disposal of aste has deteriorated the environment
o 5aste isposal
o Air Pollution SO2 ndash from coal combustion (London) NO x ndash cars (LA) CO
Photochmical oxidants (sun) oon PAN Proxactl
nitrat
o Acid Rain
$amp harmful to fish at amp
o 5ater Pollution
isascausin+ bactria
Or+anic ast dcain+ in th atr
-rtilirs
oxic matrials ( PC) Acidification
0ast hat
A+ricultur ndash ind carris sticids salt frtilirs and
nitro+n to th atr
o Glo1al 5armin and Oone epletion +Greenouse Effect-
CO2 C$ NO2 O1 Chlorofluorocarbons
o Ener$ Conser4ation and Nuclear Poamper
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o Eponential Population Groampt
The good of society is determined on a utilitarian basis D creating the maimumgood for the maimum number of people
=efore reporting an incident to the Association
bull Informal Resolution 3irst the engineer should try to resolve problemsinformally and internally in an open and professional manner
bull Confidentialit$ f it is necessary to report a situation never report it to thepublic or media Alays report it to the Association or proper regulatory body
bull Retaliation ou cannot be fired for reporting a situation ou can file alasuit to recover lost ages and costs
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CHAPTER 88 Enineerin Case Histories
+ THE QEEC RI$E ISASTER
pened in 00 the longest cantilever span in the orld
=ridge as redesigned ith a larger span and the dead eight calculations erenot redone
Then there as a material failure in a bearing casting that temporarily supportedthe central span hile it as being transported and lifted into place
essons earnedbull ou have to have enough money to pay all the people to do their obs
properly for large proects before you start them amp(r 6ooper as not paid nearlyenough to do the etra or7 to redesign nor as he really competent
bull gtire capable competent professionals ampnot old or sic7 that can-t visit the construction site
bull 6learly define duties authorization and responsibility of professionalpersonnel
bull iscuss all design decisions and technical problems openly and listenreceptively amp3or F ee7s the chief engineer tried to contact 6ooper about the strangebending of some steel parts and recommended some changes be madeC6ooper didn-tlisten
bull evie details especially engineering design calculations amp6ooper did not redothe calculations for dead eight after he changed the length of the structure
bull (onitor or7 on the site adequately amp6ooper as too old and sic7 to monitor any ofthe building or fabrication
bull
Ensure that communication is rapid and accurate ampt too7 F ee7s for the chiefengineer to reach 6ooper ith his concerns
bull Provide adequate support staff for good money
+ THE ANCOER SECON NARROS RI$E ISASTER
4une 0H9 to spans of the cantilever bridge collapsed
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t as caused by the faulty design and eventual collapse of a temporary toersupporting the partially completed bridge
The additional time and material needed to reconstruct the damaged portions ofthe bridge
essons earned
bull 6onsulting engineers should recommend alloable stresses for temporaryconstruction support structures
bull The contractor should be required to submit all construction plans andcalculations for approval prior to construction
0+ THE ESTRA MINE ISASTER
(ay th 0B mine ble up and 7illed BI miners
The floor roof and sides of the road should have been cleared and treated ith
stonedust and proper ventilation procedures should have been folloed despitedelayed production
essons earned
bull Production demands resulted in the violation of basic and fundamental safemining practices
bull (anagement ignored or encouraged many hazardous and illegal practicesincluding 0Bhour or7 shifts improper storage of fuel refueling vehiclesunderground using nonflameproof equipment
bull The methane gas from the coal needed to be properly ventilated out of themine
bull Proper permits and changes to the mine plans ere not approved by theproper authorities
bull ritten orders to stonedust and to clean up the mine ere not folloed
3+ THE LO$EPOLE ELL LOOT
ctober 0Jth 0B a sour gas Amoco ell ble out and they could not get itbac7 under control
The initial 7ic7 occurred primarily because drilling practices during the ta7ing ofcores ere not folloed and this combined ith the marginally adequate muddensity used permitted the entry of reservoir fluids into the ellbore
They lost control of the ell and then it started on fire from some (us7eg thatas burning underground
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There ere also some equipment failures that attributed to not being ale tocirculate the 7ic7 out quic7 enough
essons earned
bull Amoco did not apply the necessary degree of caution hile carrying outoperationsbull )eeded to be fully prepared in the event of a fluid influ
4+ THE RE21 MININ$ FRA
The samples had been saltedlt D adding minerals li7e gold here none eist
essons earned
bull The chief geologist had a responsibility to sho due diligence in safeguardingthe core samples and ensuring that the gold assay as properly done Thatthe gold content based on the samples as accurately calculated and thatthe doublechec7s ere made to confirm the results
bull This emphasizes the critical dependence of the mining and resourceindustries on professionals ith high ethical standards
5+ THE CHALLEN$ER SPACE SHTTLE E1PLOSION
n 4anuary B9 09I the accident as caused by hot gases bloing past one ofthe seals in the roc7et boosters The seal had been unable to do its ob properlybecause of the unusually lo temperature in 3lorida on the day of the launch
The manufacturer of the boosters had this information but had decided to goahead ith the launch anyay
essons earned
bull n an enormously large organization it is easy for decision ma7ing to fall
through the crac7s
bull t is very easy for engineers to fall into the comforting belief that they arefolloing a conservative course hen in fact they are deviating intodangerous territory
bull isasters are easy to create D safety comes hard
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lt+ THE C2= PASSEN$ER AIRCRAT ISASTER
n 0JB a cargo door latch failed and the door ble out of a 601 over indsor) and the eplosive decompression of the cargo compartment caused part of
the cabin floor to collapse
This opened a large hole in the bottom of the fuselage and severed most of thehydraulic lines hich caused the loss of control of the rudder and aileronsEveryone landed safely that day
n 0JK another 601 over Paris lost its cargo door The decompression ofthe cargo compartment again caused the cabin floor to collapseL control of theailerons and rudder ere lost and the plane crashed 7illing FKI people
essons earned
bull The 3AA failed in its role of safety atchdog t certified the cargo doordesign in spite of the failure during the ground test Then after the neardisaster over indsor they merely advised the airlines to follo themanufacturer-s service bulletin rather than issuing a directive that ould haverequired all 601-s to be retrofitted
gt+ TO1IC POLLTION8 LOE CANAL MINAMATA HOPAL SR
mproper disposal of toic or environmentally harmful aste
Loe Canal Ne or 7 ioBin
bull n 0HF gtoo7er 6hemical 6orporation dumped over 09111 tons of chemicalaste including dioins until the canal as flat land again
bull Then they donated the land to the =oard of Education but said nothing aboutthe chemicals buried there
bull Eventually the chemicals ere discovered in 0JI and the area asevacuated and treated
bull Total cost of the cleanup as MBH1 million and gtoo7er asn-t liable for any ofit because of their contract hen they donated the land
Minamata a6 apan 7 Mercur6 Poisoninbull n 0FB the 6hisso 6ompany a nitrogen fertilizer company began producing
acetaldehyde (ercury as needed as a catalystbull uring the production process a portion of the mercury as lost D ashed
into the =ay ith the aste aterbull The organic mercury as absorbed by the shell fish and eventually eaten by
people
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bull =y 0IB it as estimated that about B11 people had contracted (inimatadisease
Dopal India 7 MetD6l Isoc6anate
bull n 09K a poisonous cloud of methyl isocyanate gas escaped from the +nion
6arbide plant 7illing thousands of people up to I 7m aaybull The incident happened hen a or7er as cleaning a pipe ith ater and the
ater mied ith the chemicals and over pressured the tan7s causing them torelease the gas
Sudur6 Ontario 7 SulpDur ioBide
bull )ic7el that is mined in ntario is in the form of sulphied ore and cannot be
directly converted into metallic form t must first be smelted D burned toremove the sulphur hich is done in huge open roastslt hich emitted huge
toic clouds of sulphur dioidebull $ulphur ioide hen dissolved in ater became acid rain
bull This devastated the area around the plantL trees are stunted and sparsela7es have no fish no bird life
bull $ince then about F111 hectares have been reclaimed
essons earned
bull Each of these incidents involves ignorance carelessness or incompetenceand most involve an arrogant lac7 of ethical action
bull6onsequences of negligence can be terrifying
+ NCLEAR SAFET
TDree Mile Island
(arch B9 0J a routine maintenance operation a pressure valve stuc7 openalloing radioactive ater to escape from the system for more than B hoursleaving the reactor core partially uncooled
(ore than 0F of the reactor core had melted and fallen to the bottom of thereactor vessel Than7 goodness the molten mass did not burn through thebottom of the reactor to penetrate the ground ater table ampin a cynical version ofthis story the molten mass continues to burn through the interior of the earth untilit emerges in 6hina ampThe 6hina $yndrome
t as not a disaster for the public but the unit as destroyed and the cleanupcost nearly M0 billion
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CDerno6l
April BI 09I reactor number K eploded releasing a huge cloud of radioactive
plutonium cesium and uranium dioide into the atmosphere
Accident occurred during a lopoer test =ecause of the design during loerpoer the ater in the core decreases
To date the number of related deaths is beteen J11101111 They aiteddays even ee7s to admit that it had eploded and they too7 even longer toevacuate the peopleessons earned
bull The possibility of disaster might be very small but it is not zero
bull $uch responsibility should never be treated casually
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CHAPTER 8 Product Safet$7 ltualit$ and ia1ilit$
NE$LI$ENCE AN LIAILIT
Engineers are liable for negligent incompetent or careless acts that result indamages to others including the employer
Engineers are required to use reasonable care established practices and elltested engineering principles
Nelience an act or omission that constitutes a failure to maintain thestandards that a reasonable and prudent practitioner ould maintain in thecircumstances
ITH A CONTRACT8
bull )egligence incompetence or carelessness may be a basis for a lasuit overbreach of contractlt
bull t is good practice to consider all reasonable ays in hich an agreementmay go rong foresee damages and include clauses that specify bonusesfor good results or limits to liability
ITHOT A CONTRACT8 (driin)
bull (ay result in legal liability based on tort la ampinuries or damages
bull To in a claim under tort la the plaintiff must prove
o that the defendant had a duty of care to the plaintiff
o that the defendant breached that dutyo that the loss or damage as a direct result of the defendant-s breach of
duty
iability insurance is a ise investment t is essential for manufacturers thatemploy engineers because of
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0icarious ia1ilit$ the engineer-s employer is liable for any loss or damagethat results from a tort caused by an employee The engineer is protectedfinancially but not from disciplinary action by the Association
PROCT ARRANTIES
5ARRANT= applies to goods and products
bull Epress 5arranties promises that the product has a certain quality or itill perform for a certain period of time
bull Implied 5arranties unstated promises that eist as a matter of common
sense A certain amount of quality or function that is epectedltSTRICT LIAILIT
Product defects and consumer safety the focus is on the product itself and noquestions of negligence arise
A manufacturer may be strictly liable for any damage that results from the use ofhis product even though the manufacturer as not negligent in producing it
G)ARANTEE applies to services and agreements
AICE TO ESI$N EN$INEERS TO AOI PROCT LIAILITIES
bull Formal esin Re4ieamps conceptual feasibility and finalbull Codes and Standards adhere to all government industry and company
standards and codesbull Stateofteart esin Metods ma7e choices that lean toard safety
bull Formal Haard Anal$sis identify hazards try to prevent or eliminate actionplan remedial action
bull Formal Failure Anal$sis 3ailure (odes and Effects Analysis amp3(EA and3ault Tree Analysis amp3TA
bull esin Records 2eep good design records to shoe planning for safety
AICE TO MANFACTRERS
bull ltualit$ Assurance and Testin $ 111
bull Instruction7 5arnin and aner Sins f dangers do eist plan forproper signs to give arnings of danger
bull Instruction Manuals Any product that is dangerous should come ith aservice or instruction manual
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bull 5arranties7 isclaimers and oter Pu1lised Material evie allinformation ith the design engineer and by a products liability layer
bull Consumer Complaints nvestigate claims quic7ly to fi problems early
bull Customer Records gtave good records in case of a recall
OTAININ$ CANAIAN STANARS
6hec7 ith the $tandards 6ouncil of 6anada amp$66 They promote efficient andeffective standardization in 6anada
The $66 manages the )ational $tandards $ystem amp)$$ The )$$ ritestandards certify products test products and register quality systems ofcompanies amp$ 111
The $66 coordinates the 6anadian contribution to $ ampnternational
rganization for standards and E6 ampnternational Electrotechnical 6ommission
ISO === 7 QALIT MANA$EMENT AN QALIT ASSRANCESTANARS
t is a standard for effective management of a manufacturing corporation in orderto maimize the quality of the manufactured products
A 7ey part of the process involves the development of a ualit 3anual thatdocuments the four 7ey aspects of the certification process
bull quality policies for every aspect of the corporation-s operationsbull quality assurance procedures
bull quality process procedures
bull quality proof
ISO 3=== 7 ENIRONMENTAL MANA$EMENT SSTEMS
The process requires the company to eamine every function of its operationsith the goal of identifying activities ith a significant environmental impact andcommitting the company to preventing pollution in all of its many forms
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CHAPTER 8gt isciplinar$ Poampers and Procedures
EFINITION OF PROFESSIONAL MISCONCT
Each Association has the poer to prosecute people ho unlafully practiceprofessional engineering and to discipline licensed engineers ho are guilty ofprofessional misconduct or incompetence
The provincial Acts typically identify I causes for disciplinary action
bull Professional Misconduct Any conduct detrimental to the best interestsof the public or that harms or tends to harm the standing of the profession
generally as unprofessional conduct ampor an act that ould reasonably beregarded as unprofessional
bull Incompetence a lac7 of 7noledge s7ill udgment or disregard for theelfare of the public that demonstrates the member is unfit to carry out theresponsibilities of a professional engineer
bull Nelience carelessness or carrying out or7 that is belo the acceptedstandard of care or performance
bull reac of te Code of Etics
bull P$sical or Mental Incapacit$ this is included as a definition ofincompetence
bull Con4iction of an Offense isciplinary action against a member ho isguilty of an offense that is relevant to the member-s suitability to practice
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ISCIPLINAR PROCESS
hen a complaint of negligence incompetence or professional misconduct ismade against a licensed professional engineer it sets in motion a Fstageprocess of
bull Gathering nformationbull Evaluating the 6omplaint
bull 6onducting a 3ormal gtearing that enders 4udgment
Stipulated Order A simpler form of disciplinary hearing for less serious casesThe decision of guilt or innocence is decided by one representative and the resulthas no appeal process =oth parties agree to the outcome
f a member or licensee should be found guilty the iscipline 6ommittee can
bull suspend or revo7e your licensebull impose restriction on your license
bull require the member to be counseled or reprimanded
bull ma7e you pay cost of investigation or hearing
bull ma7e you rite eams or ta7e courses
bull impose up to a M01111 fine
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CHAPTER 8 Maintainin Professional Competence
Engineers have the privilege of selfregulation a privilege accompanied by acorresponding duty to maintain competence and avoid professionalobsolescence
The process requires engineers ampand engineering corporations to maintaincompetence by
bull enineerin practice or emplo$ment
bull formal education amp+niversity or Association courses
bull informal education ampshort courses or seminarsbull pu1lications
bull participation in enineerin societies
bull 1encmarin ampcomparing your practices against best practices
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CHAPTER 8 Enineerin Societies
The maor purpose of engineering societies is to encourage research into netheories or methods to collect and classify this ne information and todisseminate it to members so that it can be put to good use
The difference beteen an association and a society is that the Associationregulates professional behavior and the $ocieties disseminate engineeringinformation $o you should be a member of both
$ocieties have been established by groups of engineers hose commoninterests are based on
bull discipline
bull product
bull facility
bull evaluation
bull function
bull environment
bull language
bull geographical area
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THE CONCEPTS OF PROFESSIONALISM
PROFESSION
bull A learned calling ith specialized 7noledge
bull Performs services ith advanced 7noledge s7ill and udgment in hich
the public trusts
bull gtas public obligation and performs services in the general public interest
bull s bound by an ethical code in its relationship ith the public clientsemployees and colleagues
bull Accepts responsibility to regulate professional members and professionalservices provided to clients and the public
Engineering is a profession that is selfo4ernin and has the authority todiscipline members ho fail to comply ith proper standards of practice andconduct
The engineering profession is
bull highly organized
bull minimum standards of admissionbull regulate the activities of their members amps7illed practice and ethical conduct
bull promote the advancement of 7noledge
Professionals depend on the confidence ofbull the client or employer
bull the public
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ECEENCE
A shared commitment ith your peers to strive for ecellence
ETHICS
Ethics deals ith voluntary actions ta7en by an individual ith sufficient7noledge of options available
The COE OF ETHICS shapes the practice in to important aysbull provides a commonest of values hich offers a reliable professional
product to the public
bull professional relationship of trust ith the public is fundamental
APE$$A COE OF ETHICS
Professional Engineers shall recognize that professional ethics is founded uponintegrity competence dignity and devotion to service
8 P En sall old paramount7 te ealt7 safet$ and ampelfare of te pu1lic and en4ironment
bull They have an obligation to report conditions hich present an
immediate threat to safety health elfare or the environment
bull t should first be reported to the professionals involved then to
corporate or regulatory authorities
PEn sall undertae onl$ ampor tat te$ are competent to perform 1$teir trainin and eperience
bull Professional members should ensure to the best of their ability thatstatements on engineering matters attributed to them properly reflecttheir professional opinion
Stampin and Sinin ocuments8
bull Professionals shall only stamp and sign documents that they haveprepared or that have been prepared under their direct supervision andcontrol
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bull hen or7 is prepared by others they shall only stamp and sign afterhaving thoroughly revieed the or7 and accepted responsibility for it
bull Engineers ho apply their seals or stamps to reports plans or otherdocuments are stating that they understand and are in agreement ith
these documents
bull The absence of a seal or stamp does not necessarily indicate that aprofessional member has not revieed the document not does itrelieve the member from professional or legal responsibility if it can beshon that he or she as involved ith the or7
B P En sall conduct temsel4es ampit interit$7 onest$7 fairness ando1ecti4it$ in teir professional acti4ities
bull A client-s or employer-s interests should be held in high regard gtoeverthe folloing duties ta7e precedencelt
o duty to protect public safety
o duty to the professions under the 6ode of Ethics
o duty to act fairly to all parties hen administering a contract on
behalf of a client or employer
bull Professionals should 7eep confidential all information that is acquired inthe course of their professional duties and that concerns the businessaffairs of present or past clientsemployees
gt PEn sall compl$ ampit applica1le statutes7 reulations and 1$laamps inteir professional practice
bull Professionals should maintain adequate 7noledge of the la relating totheir area of practice
bull esponsible n4ironmntal mana+mnt comutr softar anddiscrimination are a fe of the subects covered under this ule
PEn sall upold and enance te onor7 dinit$7 and reputation of teir professions7 and te a1ilit$ to ser4e te pu1lic interest
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bull Advertisements proposals and presentations should be factual clearand dignified
bull A professional should be careful to give due credit to others
bull nly revie the or7 of another professional hen they have beeninformed unless there is a confidentiality agreement to the client
bull gtelp ET-s
APE$$A COE OF ETHICS
0 P Eng shall hold paramount the DealtD safet6 and elfare of tDe pulic and enironment
B PEng shall underta7e only or tDat tDe6 are competent to perform bytheir training and eperience
F P Eng shall conduct themselves ith interit6 Donest6 fairness and
oGectiit6 in their professional activities
K PEng shall compl6 itD applicale statutes reulations and 62las intheir professional practice
H PEng shall uphold and enhance the Donor dinit6 and reputation of their professions and the ability to sere tDe pulic interest
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COPRI$HTS
9RiDt to cop6
nly the oner of the or7 is alloed to reproduce the or7 or permit others tocopy it
Plaiarism is copying someone else-s or7 and claiming it as your on
Fair ealin +se or reproduction of or7 for private study research criticismrevie or nes reporting
Cop6riDts appl6 to8bull iterar$ ampors boo7s poems pamphlets computer programs
bull ramatic ampors films videos plays scripts
bull Musical ampors compositions ampords and music
bull Artistic ampors paintings draings maps photos sculptures architects
Also to8bull Performer(s performances actors musicians dancers
bull Communication Sinals broadcasters
bull Sound Recordins
6opyright is restricted to the epression in a fied manner amptet recordingdraing of an ideaL it does not etend to the idea itself
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3acts ideas and nes are all considered public property
6opyright does apply tobull $ong
bull )ovel
bull Playbull (agazine article
bull 6omputer program
bull ideo 6assettes (ovies
6opyright does NOT apply tobull $ong titlebull Plot ideabull Play of gtamletbull 3acts in an articlebull )ame of a computer programbull (a7ing a copy of a musical tape amproyalties have been paid already
bull 6opies for educational institutions ampcan 7eep radio and nes tapes for 0 year
bull )onprofit libraries archives and museumshen you create a or7 you automatically have copyright protection providedthat at the time of creation you ere a 6anadian 6itizen or a resident in a countrythat participates in 6opyright rules
Autorsip The person that creates the or7
Oampnersip f you are the creator of the or7 you on the copyright f you
create a or7 hile employed the copyright belongs to the employer ou canlegally transfer your rights to someone else then they on the copyright
uration 6opyright ampintellectual property lasts for the life of the author N H1years
Moral Rits Even if you sell your copyright you still retain moral rightsltThis means that no one including the person ho ons the copyright candistort mutilate or modify your or7 ampchange the ending use for a commercial etc
(oral rights eist for the same length as the copyrightou cannot sell or transfer your moral rights but you can aive them
RE$ISTRATION OF A COPRI$HT
ou do not have to register a copyright to have protection in 6anada
f you choose to register ith the copyright office you receive a certificate hichcan be used to your advantage if your or7 is infringed t is evidence that it is
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your or7 and you are the oner n a dispute you do not have to proveonership
ou send the application to the 6opyright office and you do not send your or7in ou may need to send a copy to the )ational ibrary of 6anada but the
6opyright office doesn-t revie your or7 at all
There is no requirement to mar7 your or7 under the 6opyright Act ou canmar7 it li7e this
)ame ear copy e 4ane oe 09I copy
ou can use this format even if you have not registered your or7
The 6opyright ffice is not responsible for ensuring that your copyright is notbeing infringedCCthis is your ob ou have to launch legal action yourself and
the courts are left to decide
Assinment As the oner you may decide i4e up part or all of $our rits toanother party The assignment may be for the hole term or for ust a certainpart of the term
icense ou as the oner give someone else permission to use your or7 forcertain purposes and under certain conditions but you still retain onership oudo not i4e up $our rits
Ro$alties (oney paid to the copyright oner as commission for sales of theiror7 or permission to use them
Tariffs $et fees that users must pay for using certain copyright material
Collecti4es an organization that collects royalties on behalf of its members
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TRAEMARampS
A trade2mar is a ord symbol or design to distinguish the products or servicesof an organization or person from others t can also represent a reputation
Ordinar$ Mars ords or symbols that distinguish your product or service ampe Giddy+p
Certification Mars identify ares or services that meet a defined standardThey are oned by one person but licensed to others to identify ares orservices hich meet a defined standard ampe oolmar7 APEGGA seal
istinuisin uise identifies the unique shape of a product or its pac7ageampe eggs Egg
A trade name is the name under hich you conduct your business The tradename can be registered under the Trade(ar7s Act only if it is also used as aTrademar7 ampto identify products or services
RE$ISTERIN$ A TRAE2MARamp
The Reistered Trade2Mar is one that is entered on the Trademar7s registerou are not required to register your trademar7 if you use it for a certain lengthof time you can establish onership by 6ommon a
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bull egistration of your trademar7 gives you the eclusive right to use the mar7across Canada for 8 $ears then you have to rene it
bull t is recommended that you register your Trade(ar7 in case someone elsetries to use it
bull f you fail to use the mar7 for an etended period your registration may becancelled
bull ou can register a trademar7 by filing an application for registration ith theTrademar7s ffice our trade2mar must e used in Canada efore itcan e reistered+
RE$ISTRATION QALIFICATIONS
bull 6annot be primarily your full name or surname ampunless you can prove it is already
identified
bull ou may not register a ord that clearly describes a feature of the product orservice ampseet uicy
bull The ord cannot be clearly misleading ampdeceptively misdescriptive ampe sugarseet if it has no sugar
bull ou may not register a ord that clearly designates the place of origin of theproduct or service or if it misleads the public into thin7ing that the productcomes from there ampParis 3ashions Atlantic 6od but you can use )orth Pole =ananasbecause no one ould epect them to come from there
bull ou can use a disclaimer statement indicating that you are not claimingeclusive rights for certain ords appearing in the trademar7 n this ayyou can use clearly descriptive ords hich are unregisterable on their onampce 6ream in =ob-s ce 6ream
bull )ames of products in other languages cannot be registered ampurstlt is Germanfor sausage
bull 6annot be registered if it consists or a plant variety denomination
bull ou cannot use ords symbols sounds or ideas that are confusingly similar
to a registered trademar7 or a pending mar7 amp2ing og 3ood and 2ing 6at 3oodould be refused
bull ou cannot register a trademar7 that resembles certain official symbolsunless you have the consent of the authority in question
o fficial government symbols
o 3amily coats of arms
o =adges and crests or 6(P
o Emblems and names of ed 6ross or +)
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o 3lags of other countries
o $ymbols of provinces
=efore you try to register your trademar7 do a search and include trade namesas ell
After you have a registered trademar7 to 7eep it you mustLbull Pay the registration fees every 0H years
bull +se the trademar7 in 6anada or it ill be epunged
Assinment to sell or transfer your rights to a trademar7 to another party
Marin ReDuirements The Trade(ar7s Act does )T have anyrequirements but many oners indicate their registration through the folloingmar7s
983214 O registered trademar7
991522 O trademar7$( O service mar7
The Trade(ar7 ffice ill prevent anyone else from registering your trademar7but it is your responsibility to monitor the mar7etplace and ta7e legal action ifsomeone is using your trademar7
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PATENTS
A patent is
bull A document protecting the rights of the inventor
bull A repository of useful technical information for the public
The idea is to promote the sharing of technological information hile giving you amonopoly on your creation
ith a patent the government gives the inventor the right to eclude others fromma7ing or selling your invention
The invention is protected from the day the patent is granted to a maimum of =6ears after the day you filed your application
The Patent ffice then epects you to provide a full description of your inventionso that all 6anadians can benefit from this technology They allo your
application to be open gt montDs from the filing date during the con4ention priorit$ date
Patent applications are made pulic gt montDs after the 6anadian 3iling ate
ou must obtain a valid patent ithin 8 $ear of main te product pu1lic
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A 6anadian patent is only etended throughout 6anada ou must apply forpatent rights in other countries separately
t is important to 7eep your invention secret until your first patent application isfiled in order to preserve your rights to file later in most foreign countries
3or an invention to be patented it must be
bull NO0ET= 3irst in the orld
bull )TIIT= 3unctional and operative
bull INGEN)IT= $ho inventive ingenuity and not be obvious to someones7illed in that area
The folloing items are patentable
bull Product ampdoor loc7
bull A composition ampchemical composition li7e lubricant
bull An apparatus ampmachine to ma7e door loc7s
bull A process ampmethod
bull An improvement on any of these
The idea alone is not patentable t must be reduced to something physical
ou CANNOT patentbull A scientific principle
bull An abstract theorem
bull An idea
bull A method of doing businessbull A computer program
bull A medical treatmentn 6anada patents are given to the first inventor to file an application
f you invent something hile or7ing for an employer on the employer-s timeith the employer-s materials at the epense of the employer the inventionrights still belong to you unless you have been hired by the company to inventpatentable inventions
PATENT APPLICATION
+ $et a Patent Aent
+ Preliminar6 SearcD
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bull ou can do a preliminary search in the online database or visit the Patentffice in person
0+ Preparin tDe Patent Application
bull A patent application must consist ofo a1stract ampbrief description
o specification ampclaims and boundaries of protection
o draampins
3+ File 6our Application4+ Reuest eBamination5+ EBaminer does searcD and approes or oGects+lt+ Respond to an6 oGectionsgt+ Patent ranted or oGected+
CONENTION PRIORIT
(any countries belong to the Paris 6onvention for the Protection of ndustrialProperty
This treaty allos you to invo7e convention prioritylt hich means that your filingdate in one member country ill be recognized by all others provided you file inthose countries ithin the first year
ampe if you file in 6anada in 4anuary B111 you could file up to one year later in most countriesamp4anuary B110 and still receive the same rights as if you filed in B111
PATENT COOPERATION TREAT (PCT)
t provides a standardized international filing procedure for foreign patents hichis shared by our principal trading partners including the +$ 4apan and mostEuropean countriesou may file for a patent in as many as 01I member countries through a singleapplication filed in 6anada
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INSTRIAL ESI$N
An Industrial esin is the features of shape configuration pattern or ornamentapplied to a finished article made by hand tool or machine ampappealing to the eye
There is no time limit for filing an application as long as the design has neverbeen published ampmade public to anyone
ou must file ithin 6ear of going public ith your design or you ill lose youreclusive rights to the design
The advantage of registering your industrial design is that it gives you eclusive
right to your design for up to = 6ears from tDe date of reistration
+nless you register your design you can ma7e no legal claim of onership andhave no legal protection from imitation
nly the proprietor ampcreator of the design may obtain registration unless youhave been hired to develop a design Then the hirer is the proprietor
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Trade Secret industrial 7noho or valuable information acquired by abusiness t could be a
bull formula
bull pattern
bull device
bull compilation of info used to give you an advantage over the competitors
ou cannot registerbull That don-t have visual appeal
bull 3eatures that are hidden from vie or too small to appeal to the eye
bull A method of construction
bull An idea
bull (aterials used in construction
bull 3unction of an article
bull 6olor
ESI$N RE$ISTRATION
The application ill includebull Application forms ampdescription
bull At least one draing or photograph
bull 3ees
The process ill include
bull nitial processing
bull Eamination
bull egistration
ou do not have to mar7 your design in order to indicate that it is registered butmar7ing it gives you etra protection
As proprietor you may ta7e legal action against anyone ho infringes on yourdesign in 6anada but you must ta7e action ithin F years of the incident
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An 9assinment occurs hen you sell all or part of your rights in the designpermanently to another party
ou can 9license another user to allo someone else to use your design but
you still retain onership
To have your design protected in other countries you must apply separately ineach country
ou have 5 montDs to file for 9conention priorit6+ampe you apply to register in 6anada in 4anuary B111 then you have until 4uly B111 to file in other 6onvention countries and receive the same rights as if it ere 4anuary B111
LA FOR PROFESSIONAL EN$INEERS OOamp
CHAPTER 8 Te Canadian eal S$stem
The legal system of 6anada is based on the English common2lalt system andthe English courts of euit6lt system ampudgemade la and is calledCOMMON2LAlt
The 3ederal 6ourt of 6anada has urisdiction over federal matters such aspatents trademar7s and copyrights
Pu1lic aamp deals ith the rights and obligations of government ampcriminal and6onstitutional la
Pri4ate aamp deals ith the rights and obligations of individuals or private organizations ampCONTRACT AN TORT LA
Termsbull itigation lasuit
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bull Plaintiff party bringing the actionbull efendant party defending the actionbull Appellant party appealing the decisionbull espondent party see7ing to uphold a decisionbull Privity of contract legal relationship beteen parties to a contract
bull 6reditor party to hom an amount is oingbull ebtor party that oes an amount to creditor bull $uarantee A guarantees = the debt of 6omp amphen = doesn-t get paid
= goes to 6omp first then to A
bull Indemnification a promise to directly compensate or reimburseanother party for a loss or cost incurred f Aindemnifies = the debt of 6omp amphen = doesn-t get paid =goes directly to A
CHAPTER usiness Oraniations
Sole Proprietorsip an individual carries on business by and for himself andalso enoys the profits and incurs any losses personally
Partnersip an association of persons ho conduct business in common ith avie to profit ndividuals or organizations share profits and losses
Corporation an entity unto itself distinct from its oners ampfictitious personThe corporation itself ons its assets and incurs its on liabilities
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CHAPTER B International Considerations
t is etremely important to obtain advice from an appropriately eperiencedlayer in the foreign country or have the advice of a consultant in that countryt is ise to purchase political ris7 insurance and to use careful udgment together ith a local influential partner
$ome potential ris7s of or7ing internationally are
bull Political Ris is one of the more obvious ris7 factors in or7inginternationally The 6hanges in government can lead to significant policychanges
bull Licensin reuirements and obtaining necessary permits and approvalsin a foreign country under different legal systems can be timeconsuming
bull Financial Riss due to currency echange and controls or restrictions onthe transfer of funds out of the country
bull Contract documents and forms used on proects may be different
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CHAPTER gt Tort ia1ilit$
Tort8 generally refers to a private or civil rong or inury one that involvesnegligence and that may arise independently of contract ampcar driver and victim
amphich includes financial loss hen based on a professional-s opinion
The fundamental purpose of tort la is to compensate ictims of tortsPunishment of negligent rongdoers IS NOT a purpose of tort la
Professional liability insurance should provide protection if an engineer-snegligence results in damage arising in tort
n order to satisfy the courts that compensation should be made the plaintiff in atort action must prove that
bull The defendant oed the plaintiff a duty of care
bull The defendant breached that duty by his conduct
bull The defendant-s conduct caused the inury to the plaintiff
f any 0 of these F aspects is not proven to the satisfaction of the courts theplaintiff ill not in
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A significant factor in a tort action is the establishment of the standard of carerequired of the defendant
The standard is applied based on the premise that engineers have a duty to use
the reasonable care and s7ill of engineers of ordinary competence Thereasonable carelt is measured by applicable professional standards of theengineering profession at the time the services ere performed
Strict ia1ilit$ manufacturers and employers are held strictly liable hen faultis not necessary if compensation is to be provided ampnot yet upheld in 6anadaampe All employees ma7e contributions on behalf of employees and if someone is inuredcompensation is provided ith no finding of faultampe A manufacturer may be strictl6 lialelt if for any damages that result from the use of theirproduct
0icarious ia1ilit$ The employer is responsible for damaged caused by its
employees The employer provides compensation because it is presumed thatthe employer is in a better financial position than the employee
Concurrent Tortfeasors hen more than one party is liable in a tort actionThe defendant-s together are called concurrent tortfeasors
Products ia1ilit$ The plaintiff must be able to establish that damage hasclearly resulted from appropriate use of a product and the defendantmanufacturer must then persuade the court that at the time the manufacturercould not have foreseen the defective nature of the goods manufactured6anada has not yet ta7en a strict liability approach on products as the +$ has
Products liability has developed through principles of both contract la and tortla The tort concept of fault has been applied and implied contractualarranties that the product is effective and the contract of a sale must also eist
n productsliability matters economic losses ampin the absence of physical inurymay in some circumstances be recoverable
Standards of Care and ut$ to 5arn A manufacturer must arn theconsumer of any dangerous potential of the product by appropriate labeling
Oter Tortsbull Tort of defamation8 ampif the statements that damage the reputation are true there is
no liability
o ibel D in riting
o $lander D verbal
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bull Occupiers Liailit68 The occupier of a property must eercise therequired standard of care to ensure the safety of individuals coming ontothat property
bull Tort of Nuisance8 esigned to alleviate undue interference ith the
comfortable and convenient enoyment of the plaintiff-s landampe insecticide spray drifting onto other land
CHAPTER Proof
The burden of proof is on the plaintiff to prove the case against the defendant
Engineers often find themselves ma7ing appearances as eBpert itnesses incourt
The epert is permitted to epress opinions ith respect to his or her area ofepertise and the itness should be cautious and restrict testimony to such
area
ou ill be hired by one side and crosseamined by counsel from the otherparty
Preparation is of the utmost importance in litigation The epert itness shouldclearly understand the issues in the lasuit and be aare of the scope ofquestions that can be reasonably epected
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CHAPTER 28 Contracts
3or a contract to be binding and enforceable the folloing elements must bepresent
bull An offer made and accepted
bull (utual intent to enter into the contract
bull 6onsideration or offer ampan echange of promises each promise representing
something of valueCpayment of money is not essential
bull 6apacity to contract ampcan-t be a minor drun7 or crazyCenforceable by the drun7 if
the other party 7ne they ere intoicatedbull aful purpose 6ontract on-t be enforced if it is unlaful
An offer is a promise made by one person to another
)ot all contracts are in riting
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+ntil it is accepted the offer may be ithdran by the offeror unless it is madeepressly irrevocable by its terms
Irre4oca1le Offers =idders submit offers or tenders that have been madeirrevocable for a specific period of time At any point during that period the offer
may be accepted and a contract ill be formed
Option Contract This contract is another means of 7eeping an offer open for acertain period of timeampe The party purchasing the option may ant do eploration or7 for a period of time beforedeciding to spend a large sum of money on the property
EDuita1le Estoppel A udge can stoplt the strict terms of a contract from beingfolloed if it is proven that the terms had changed outside of the agreementampoften used hen etensions to deadlines are agreed upon and then the person tried to go bac7to the original ritten contract
Pursuant to contract la consideration ampor a seal must be present in order toma7e a change to a contract enforceable D otherise it is ust a promise not laThe courts protect the person in the situation here a promise is ta7en as fullagreement
Statute of Frauds Ensures that certain types of contracts must be in riting tobe enforceable
Rectification This order can be applied for to rectify a contract because of asecretarial or recording mista7e
)nilateral Mistae A mista7e made by only one party to a contract 6ourts illdecide hether a contractor ill be relieved of their mista7e
CHAPTER 8 Tenderin Issues Contract A
a of tendering in 6anada gives the principle that there are B separatecontracts that arise in the tendering process
0 Contract A D the contract of irrevocability ampthat deals ith the tenderingphase
B Contract D the construction contract ampapplies to the construction phase
The number of number of tenders submitted is the number of 6ontract A-s thatare formed
The original tender pac7age contents cannot be changed ithout notifyingeveryone or you are in =reach of 6ontract A
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CHAPTER 82 Contract Interpretation
Parties to a contract sometimes dispute the meaning of part of the contract Todifferent approaches can be ta7en hen interpreting contracts
bull i1eral Approac ta7es into account the intent of the parties and maylead to speculation on that intent
bull Strict Approac focuses on the precise ords in the agreement andmay rely on dictionary meanings
Contra Preferentem hen a contract is ambiguous or unclear it ill beinterpreted against the person that rote it up
Parol E4idence Rule hen verbal agreements outside of the ritten contractare included as rule in a contract n most cases if a condition is agreed uponverbally but is not included in the contract then the condition is not part of thecontract
Implied Terms hen the inclusion of obvious terms of a contract have beenoverloo7ed here it is reasonable implied terms may eist in a contract
CHAPTER 83 iscare of Contracts
There are several ays to discharge a contract
bull Performance hen all parties have completed their respectiveobligations the contract is at an end
bull Areement to iscare Parties in a contract are alays free to amend
the contract or agree to cancel or terminate the contract upon mutuallyagreed terms
bull iscare Pursuant to Epress Terms t is advised to include in acontract terms here all parties may terminate the contract if certainoutside events ere to occur ampe ban7ruptcy
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bull iscare 1$ Frustration hen changing unforeseeablecircumstances occur that may radically change the obligations of theparties
o Force Maeure Provides that the time for completion ill beetended in the event of ar riot flood labor dispute or other
events that are beyond the control of both parties
bull iscare 1$ reac of Contract ne party fail to perform obligations
o iscare 1$ Repudiation hen the party to a contract
epressly tells the other party that they have no intention ofperforming contractual obligations
CHAPTER 86 reac of Contract
f a party to a contract fails to perform obligations specified in the contract thenthat party has breached the contract
The innocent party is entitled to certain remedies depending on the nature of thebreach and the terms of the contract
Condition an obligation that is essential or vital to the contract5arrant$ an obligation that is NOT essential or vital to the contract
A =reach of 6ontract is a cause for discharge only if its effect is to render itpurposeless for the innocent party to proceed further ith performance
Repudiation hen the party to a contract epressly tells the other party thatthey have no intention of performing contractual obligations
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REMIIES
A nondefaulting party is entitled to damages for losses incurred as a result of abreach of contract
irect amaes Actual calculated difference in the cost of having to chooseone service over the other ampthe loest bid is chosen and then they refuse to do the or7so the second loest bid is chosen and the party sues for the monetary difference beteen theloest and second loest bid
Indirect amaes Are consequential to the breach and might include damagesfor lost profits or damages incurred if the contract is not fulfilled
iDuidated amaes Are preestimated damages if certain events ere tooccur that are ritten into the contract under a Penalty 6lause
ltuantum Meruit hen services have been requested and performed but nooutside agreement as reached beteen the parties as to hat payment ouldbe provided in return for the services then the courts can aard the person ithas much as is reasonably deservedlt for time spent and materials supplied
Su1stantial Compliance hen a contractor has substantially complied iththe terms of a contract yet failed to comply ith some minor aspect of thecontract The contractor ill be paid the contract price minus the cost ofdamages caused by the minor problems
Specific Performance hen the courts require a party to perform a contractual
obligation li7e the sale of land or a personal item
Inunction A court order that prohibits or restrains a party from performing anactCHAPTER 9 Fundamental reac
Applies to a contract that contains an eemption clause amphere parties limit theirliability if a breach of contract results and ma7es the eemption ineffective
CHAPTER 8 Areement etampeen Client and Enineer
A contract beteen a client and an engineer must include all of the essentialcontract elements
The document ill not specify the degree of care that is required of the engineerin carrying out the services =ut the engineer is liable for incompetence
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carelessness or negligence that results in damages to the client and for notperforming ith an ordinary and reasonable degree of care and s7ill
CHAPTER Concurrent ia1ilit$ in Tort and Contract
+nless otherise stated in a contract the standard of care epected of anengineer doing a ob is the same standard of care by hich an engineer-sperformance is measured in tort
3or a breach of contract there is a limitation period of I years from date of thebreach in hich to press charges instead of hen it is discovered
n tort the limitation period in hich to press charges starts hen the damagesare first detected
CHAPTER 3 Ar1itration and AR
A lasuit is not alays the best ay to resolve a dispute beteen contractingparties especially technical disputes
Ar1itration or Alternati4e ispute Resolution +AR- t is less costly and lesspublic than litigation
An engineer that is an arbitrator is epected to act impartially and independentlyof the parties to the dispute
The Arbitration Act deals ith the appointment of an arbitrator and sets out astructure or set of rules to govern the conduct of an arbitration unless the partiesagree that some other structure or rules ill apply
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The Act also gives arbitrators the urisdiction to aard preudgment and post udgment interests ust li7e the courts have under the 6ourts of 4ustice Act
Partnerin intended to respond to the need for improved attitudes amongstindustry participants to the importance of teamor7 on proects
This cooperative attitude should assist in resolving proect disputes at an earlystage
) TGAT) and A=TAT) result in a 4+G(E)T TgtAT $=))G
Proect Neutral (proGect manaement oerie) The companies appoint a
proect neutral usually an independent professional eperienced in the industryto be aare of developments on the proect ith a vie to offering unbiasedadvice and decisions
Mediation esolving disputes through the negotiating process involving amediator ho is to provide guidance and to facilitate the settlement process agobeteenlt in communicating proposed settlements
There is no udgmentL the parties need to or7 out their differences
CHAPTER BB Industrial Propert$
Industrial Propert$ Rits ights that generally relate to patents trademar7scopyrights and industrial design
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bull Oneself payment or7 conditions strive for ecellence and maintaincompetence
CHAPTER 2 Etical Pro1lems of Enineers in Industr$
The employer clearly does not have the authority to direct an engineer to brea7the la The engineer should advise the employer that the action is illegal andrefuse to do it
The employer cannot direct an engineer to violate the code of ethics Theengineer should advise the employer of the section of code and decline to ta7eaction
The employer cannot as7 an engineer to do something that contravenes theengineer-s conscience or moral code The engineer must
bull Gather all relevant information
bull efine the ethical problem
bull Attempt to see the problem from the employer-s point of vie
bull Generate and eamine alternative courses of action
bull 6onsider personal consequences
ETHICAL PROLEMS IN THE INSTR (CASE STIES)
+ ACCEPTIN$ A ETTER O OFFER---
Already accepted a ob a better ob is offered B ee7s laterCC
bull Ta7e the better ob
bull Tell the first ob that she is ta7ing the better ob but offer to pay for recruitmentfees ampcompromise D it ac7noledges ethical duty maimizes benefits
bull 2eep the original ob
+ SEEampIN$ EMPLOMENT ELSEHERE---
or7ed for same company for F years all trained but boredCC
bull f training too7 one year you should or7 there at least 0B years aftertraining so the company can realize its investment
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0+ E1TRA PART2TIME EMPOMENT ON THE SIE---
bull nform the main employer to see if it is 2
bull Employee must sho fairness and loyalty to the employer
bull )o conflict of interest ampno competing on same contractsbull Parttime or7 should not reduce employee-s efficiency for main ob
3+ SHOL EN$INEERS OIN LAOR NIONS---
bull es as long as the engineers are no managers in the company
bull t might be better to inform management of their dissatisfaction ith theirsalaries and negotiate individually or as a group Then see7 legal advice
4+ FALSE EN$INEERIN$ ATA IN AERTISIN$---
The elfare of the general public is the most important
bull nform the engineering manager
bull ecide to or7 for change ithin the company be the histlebloer or quit
5+ ISCLOSIN$ CONFIENTIAL COMPAN INFORMATION---
ou 7no that something is dangerous but you hear of a competitor that is going
to use itCC
bull Tell your employer first and determine the best ay to tell 6ompany =
bull ou must tell 6ompany = about your findings and potential problems tosave the public
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CHAPTER 3 Etical Pro1lems of Enineers in Manaement
bull )nlicensed Personnel using them to carry out professional engineeringor7
bull Misuse of Enineerin Title
bull Re4ieampin 5or and E4aluatin Competence engineers should notunderta7e or be assigned or7 that is not ithin the competence level of theengineer
bull 5or Re4ieamped for Accurac$ engineers have other engineers chec7 theiror7 only ith their 7noledge
bull 5or Re4ieamp to Assess Competence engineers have revies as long asthey are informed that it is happening
bull iscrimination in Enineerin Emplo$ment
Computer Pro1lems security infringement of copyrights incorrecttransmission errors and bugs softare piracy
ETHICAL PROLEMS OF MANA$EMENT (CASE STIES)
+ NLICENSE EN$INEER PRACTISIN$ IN A NE PROINCE---
f you have a valid license from another province you need to apply for a neone right aay in the ne province ithout a valid license in the province youare or7ing in your or7 should be supervised by another engineer
+ OFFENSIE LAN$A$E TO THE P AT THE COMPAN PICNIC---
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ou can-t fire someone for an alternation at a social event There must be arecord of continual insolence and insubordination ou should refuse to fire himin riting and give him a reprimand instead
0+ CONFLICT OF INTEREST---
ou are on a committee that is deciding to revise specifications These revisionsill help out your company and the committee chair-s company but ill ma7e ithard on competitorsou must tell the committee of the conflict of interest
3+ ERRORS IN EN$INEERIN$ PLANS OR SPECS+---
ou notice errors in design hen your role is supposed to be in manufacturing
ou should phone the client and tell him about it and then follo up ith a letterand then proceed ith the fabrication after you get ritten conformation from theclient f the errors may cause harm to the public you must report it
4+ ampEEP PRELIMINAR ATA SECRET NTIL AFTER SHAREHOLERSMEETIN$---
t is ethical to 7eep preliminar6 results secret until the final results are 7non forcertainty
5+ ACCONTAILIT IN A NE O HERE PREIOS MANA$EMENTHAS TAampEN NO ACTION AN NO O ARE ACCONTALE
ou are alays responsible to act ith professional integrity and high ideals
bull 3irst tell the person ho is committing the misconduct nclude thebenefits of dealing ith the situations and the consequences of notdealing
bull Then suggest that together you discuss the matter ith senior
management or the Associationbull 3inally if you have no choice go alone to senior management or get
advice from the Association
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CHAPTER 6 Etical Pro1lems of Enineers in Pri4ate Practice
THE CLIENT 7 CONSLTANT RELATIONSHIP8
The consultant ampengineer is usually hired to monitor an engineering proect li7ethe construction of something This creates a relationship beteen the
contractor ampdesigner or builder the consultant ampengineer and the client amponer
Independent Model The client eplains the problem and hands all decisionma7ing over to the consultant =ad because the client can-t ma7e any choices
alanced Model The consultant ma7es recommendations and provides theengineering advice but the client chooses the path to follo This is the middle of the spectrum
Aent Model The consultant ta7es orders from the client This doesn-t use anyof the engineer-s 7noledge
AERTISIN$ EN$INEERIN$ SERICES
Engineers can only advertise through factual representation ithouteaggerationlt
ou cannot use the engineer-s seal or association-s seal in any form ofadvertising
SE OF THE EN$INEERS SEAL
The Act requires that all final draings specifications plans reports and otherdocuments involving the practice of professional engineering must be datedsigned and sealed
t is not optional to use the seal
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(ost documents state that they ere prepared or ceced and appro4ed bythe person ho sealed them
The seal is legal because it indicates that the person accepts responsibility forthe accuracy of the documents and implies that the person has a thorough
7noledge of the proect to hich the documents relate
o not seal anything that you are not illing to accept full responsibility for
9CHECampIN$ EN$INEERIN$ OCMENTS
Ceced the documents ere prepared by someone under the directsupervision of the person ho signed and sealed them
ou can seal the or7 of others ampnot under direct supervision provided that you
thoroughly revie the or7 and are illing to accept full responsibility
o not assume responsibility for or7 that is beyond your area of epertise or for or7 that you have not thoroughly revieed for accuracy
PREPARATION AN APPROAL
f one engineer prepared the draing and another engineer must approve itthen 1ot seals should appear on it therise only the approving engineershould seal it
f final draings cover more than one discipline then they should be sealed bythe approving engineer ampchief and by the design engineer for each discipline
ETAILE RAIN$S
The engineer generally has responsibility for a proect as a hole and theengineer-s seal must appear on maor reports specifications or draings thatdescribe the proect ou are not epected to seal every draing but they allmust be prepared under the engineer-s control and supervision and you assume
responsibility for all of them hether they are sealed or not
MASTERS AN PRINTS
The master draings must be complete since they are the maor reference fordesign and construction fabrication
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The time to seal a draing is hen it is approved and released for fabrication orconstruction
ou seal te copies7 not te master That ay the prints can be chec7ed formodifications hen sealed
ETHICAL ISSES
Confidentialit$ The engineer has a clear obligation under the code of ethicsto 7eep affairs of the client confidential
Conflict of Interest here the engineer has an interest that interferes ith the
service oed to the client The engineer must disclose any personal interestthat there may be
Re4ieampin te 5or of Anoter Enineer The engineer should be informed hen his or7 is being revieed but it is not necessary to receive permission todo so The elfare of the client or the general public must come before thepersonal ishes of the engineer
Supplantin 6onvincing the client to fire their engineer and hire you instead isunethical
reac of Contract ampcivil liability a failure to complete the obligations specifiedin a contract ou can get protection for this ampliability insurance
Nelience ampcivil liability a failure to eercise due care in the performance ofengineering There is NO protection for this
ETHICAL PROLEMS OF EN$INEERS IN PRIATE PRACTICE (CASESTIES)
+ ORampIN$ AN OTIN$ ON PLANS FOR A STREET-----
ou cannot vote on hether a proect should be accepted if you are involved inbidding on the proect ou must disclose your involvement and abstain fromvoting and participating in the decision ma7ing process
+ ENORSIN$ A PROCT ON T---
t is seen as unprofessional and a conflict of interest
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0+ LE$AL SETTLEMENT AN EIN$ PAI ON THE OTCOME---
As an epert itness you are giving your professional opinions The amount youma7e ampcontingency ill be dependent upon the outcome of the case Getting
paid this ay is a conflict of interest since there is personal benefit based on theoutcome ou should accept a flat rate fee
3+ ORI$INAL SEALE RAIN$S CHAN$E INSPECTION---
ou don-t sign and seal the originalConly the copies so that modifications areevident f the proect isn-t to original specifications the calculations must bedone from scratch and nothing is to be done until they are complete
4+ RECIN$ OR FEE IF THE OECT HAS ALREA EENESI$NE FOR SOMEONE ELSE EFORE---
Establishing fair and reasonable fees depends on
bull evel of 7noledge and qualifications required
bull ifficulty and scope of the assignment
bull esponsibility that the engineer must assume
bull +rgency ith hich the or7 must be completed
bull Time required
ou should not loer your price to produce a similar design for 6lient = but if
6lient A anted a second building that as the same as the first then a smalldeal could be made
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CHAPTER 89 Te Enineer(s ut$ to Societ$ and te En4ironment
T TO SOCIET8
ou must put the greater good of society ahead of personal gain
The to environmental problems that have accompanied the industrialization ofour society
bull Proliferation of MacineMade Haards +sing highays aircraftnuclear poer toic chemicals more often ma7e it more dangerous
bull eradation of te En4ironment The lifestyle of industrialized nations
requires a high energy usage to maintain it The consumption of fossilfuels and the careless disposal of aste has deteriorated the environment
o 5aste isposal
o Air Pollution SO2 ndash from coal combustion (London) NO x ndash cars (LA) CO
Photochmical oxidants (sun) oon PAN Proxactl
nitrat
o Acid Rain
$amp harmful to fish at amp
o 5ater Pollution
isascausin+ bactria
Or+anic ast dcain+ in th atr
-rtilirs
oxic matrials ( PC) Acidification
0ast hat
A+ricultur ndash ind carris sticids salt frtilirs and
nitro+n to th atr
o Glo1al 5armin and Oone epletion +Greenouse Effect-
CO2 C$ NO2 O1 Chlorofluorocarbons
o Ener$ Conser4ation and Nuclear Poamper
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o Eponential Population Groampt
The good of society is determined on a utilitarian basis D creating the maimumgood for the maimum number of people
=efore reporting an incident to the Association
bull Informal Resolution 3irst the engineer should try to resolve problemsinformally and internally in an open and professional manner
bull Confidentialit$ f it is necessary to report a situation never report it to thepublic or media Alays report it to the Association or proper regulatory body
bull Retaliation ou cannot be fired for reporting a situation ou can file alasuit to recover lost ages and costs
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CHAPTER 88 Enineerin Case Histories
+ THE QEEC RI$E ISASTER
pened in 00 the longest cantilever span in the orld
=ridge as redesigned ith a larger span and the dead eight calculations erenot redone
Then there as a material failure in a bearing casting that temporarily supportedthe central span hile it as being transported and lifted into place
essons earnedbull ou have to have enough money to pay all the people to do their obs
properly for large proects before you start them amp(r 6ooper as not paid nearlyenough to do the etra or7 to redesign nor as he really competent
bull gtire capable competent professionals ampnot old or sic7 that can-t visit the construction site
bull 6learly define duties authorization and responsibility of professionalpersonnel
bull iscuss all design decisions and technical problems openly and listenreceptively amp3or F ee7s the chief engineer tried to contact 6ooper about the strangebending of some steel parts and recommended some changes be madeC6ooper didn-tlisten
bull evie details especially engineering design calculations amp6ooper did not redothe calculations for dead eight after he changed the length of the structure
bull (onitor or7 on the site adequately amp6ooper as too old and sic7 to monitor any ofthe building or fabrication
bull
Ensure that communication is rapid and accurate ampt too7 F ee7s for the chiefengineer to reach 6ooper ith his concerns
bull Provide adequate support staff for good money
+ THE ANCOER SECON NARROS RI$E ISASTER
4une 0H9 to spans of the cantilever bridge collapsed
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t as caused by the faulty design and eventual collapse of a temporary toersupporting the partially completed bridge
The additional time and material needed to reconstruct the damaged portions ofthe bridge
essons earned
bull 6onsulting engineers should recommend alloable stresses for temporaryconstruction support structures
bull The contractor should be required to submit all construction plans andcalculations for approval prior to construction
0+ THE ESTRA MINE ISASTER
(ay th 0B mine ble up and 7illed BI miners
The floor roof and sides of the road should have been cleared and treated ith
stonedust and proper ventilation procedures should have been folloed despitedelayed production
essons earned
bull Production demands resulted in the violation of basic and fundamental safemining practices
bull (anagement ignored or encouraged many hazardous and illegal practicesincluding 0Bhour or7 shifts improper storage of fuel refueling vehiclesunderground using nonflameproof equipment
bull The methane gas from the coal needed to be properly ventilated out of themine
bull Proper permits and changes to the mine plans ere not approved by theproper authorities
bull ritten orders to stonedust and to clean up the mine ere not folloed
3+ THE LO$EPOLE ELL LOOT
ctober 0Jth 0B a sour gas Amoco ell ble out and they could not get itbac7 under control
The initial 7ic7 occurred primarily because drilling practices during the ta7ing ofcores ere not folloed and this combined ith the marginally adequate muddensity used permitted the entry of reservoir fluids into the ellbore
They lost control of the ell and then it started on fire from some (us7eg thatas burning underground
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There ere also some equipment failures that attributed to not being ale tocirculate the 7ic7 out quic7 enough
essons earned
bull Amoco did not apply the necessary degree of caution hile carrying outoperationsbull )eeded to be fully prepared in the event of a fluid influ
4+ THE RE21 MININ$ FRA
The samples had been saltedlt D adding minerals li7e gold here none eist
essons earned
bull The chief geologist had a responsibility to sho due diligence in safeguardingthe core samples and ensuring that the gold assay as properly done Thatthe gold content based on the samples as accurately calculated and thatthe doublechec7s ere made to confirm the results
bull This emphasizes the critical dependence of the mining and resourceindustries on professionals ith high ethical standards
5+ THE CHALLEN$ER SPACE SHTTLE E1PLOSION
n 4anuary B9 09I the accident as caused by hot gases bloing past one ofthe seals in the roc7et boosters The seal had been unable to do its ob properlybecause of the unusually lo temperature in 3lorida on the day of the launch
The manufacturer of the boosters had this information but had decided to goahead ith the launch anyay
essons earned
bull n an enormously large organization it is easy for decision ma7ing to fall
through the crac7s
bull t is very easy for engineers to fall into the comforting belief that they arefolloing a conservative course hen in fact they are deviating intodangerous territory
bull isasters are easy to create D safety comes hard
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lt+ THE C2= PASSEN$ER AIRCRAT ISASTER
n 0JB a cargo door latch failed and the door ble out of a 601 over indsor) and the eplosive decompression of the cargo compartment caused part of
the cabin floor to collapse
This opened a large hole in the bottom of the fuselage and severed most of thehydraulic lines hich caused the loss of control of the rudder and aileronsEveryone landed safely that day
n 0JK another 601 over Paris lost its cargo door The decompression ofthe cargo compartment again caused the cabin floor to collapseL control of theailerons and rudder ere lost and the plane crashed 7illing FKI people
essons earned
bull The 3AA failed in its role of safety atchdog t certified the cargo doordesign in spite of the failure during the ground test Then after the neardisaster over indsor they merely advised the airlines to follo themanufacturer-s service bulletin rather than issuing a directive that ould haverequired all 601-s to be retrofitted
gt+ TO1IC POLLTION8 LOE CANAL MINAMATA HOPAL SR
mproper disposal of toic or environmentally harmful aste
Loe Canal Ne or 7 ioBin
bull n 0HF gtoo7er 6hemical 6orporation dumped over 09111 tons of chemicalaste including dioins until the canal as flat land again
bull Then they donated the land to the =oard of Education but said nothing aboutthe chemicals buried there
bull Eventually the chemicals ere discovered in 0JI and the area asevacuated and treated
bull Total cost of the cleanup as MBH1 million and gtoo7er asn-t liable for any ofit because of their contract hen they donated the land
Minamata a6 apan 7 Mercur6 Poisoninbull n 0FB the 6hisso 6ompany a nitrogen fertilizer company began producing
acetaldehyde (ercury as needed as a catalystbull uring the production process a portion of the mercury as lost D ashed
into the =ay ith the aste aterbull The organic mercury as absorbed by the shell fish and eventually eaten by
people
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bull =y 0IB it as estimated that about B11 people had contracted (inimatadisease
Dopal India 7 MetD6l Isoc6anate
bull n 09K a poisonous cloud of methyl isocyanate gas escaped from the +nion
6arbide plant 7illing thousands of people up to I 7m aaybull The incident happened hen a or7er as cleaning a pipe ith ater and the
ater mied ith the chemicals and over pressured the tan7s causing them torelease the gas
Sudur6 Ontario 7 SulpDur ioBide
bull )ic7el that is mined in ntario is in the form of sulphied ore and cannot be
directly converted into metallic form t must first be smelted D burned toremove the sulphur hich is done in huge open roastslt hich emitted huge
toic clouds of sulphur dioidebull $ulphur ioide hen dissolved in ater became acid rain
bull This devastated the area around the plantL trees are stunted and sparsela7es have no fish no bird life
bull $ince then about F111 hectares have been reclaimed
essons earned
bull Each of these incidents involves ignorance carelessness or incompetenceand most involve an arrogant lac7 of ethical action
bull6onsequences of negligence can be terrifying
+ NCLEAR SAFET
TDree Mile Island
(arch B9 0J a routine maintenance operation a pressure valve stuc7 openalloing radioactive ater to escape from the system for more than B hoursleaving the reactor core partially uncooled
(ore than 0F of the reactor core had melted and fallen to the bottom of thereactor vessel Than7 goodness the molten mass did not burn through thebottom of the reactor to penetrate the ground ater table ampin a cynical version ofthis story the molten mass continues to burn through the interior of the earth untilit emerges in 6hina ampThe 6hina $yndrome
t as not a disaster for the public but the unit as destroyed and the cleanupcost nearly M0 billion
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CDerno6l
April BI 09I reactor number K eploded releasing a huge cloud of radioactive
plutonium cesium and uranium dioide into the atmosphere
Accident occurred during a lopoer test =ecause of the design during loerpoer the ater in the core decreases
To date the number of related deaths is beteen J11101111 They aiteddays even ee7s to admit that it had eploded and they too7 even longer toevacuate the peopleessons earned
bull The possibility of disaster might be very small but it is not zero
bull $uch responsibility should never be treated casually
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CHAPTER 8 Product Safet$7 ltualit$ and ia1ilit$
NE$LI$ENCE AN LIAILIT
Engineers are liable for negligent incompetent or careless acts that result indamages to others including the employer
Engineers are required to use reasonable care established practices and elltested engineering principles
Nelience an act or omission that constitutes a failure to maintain thestandards that a reasonable and prudent practitioner ould maintain in thecircumstances
ITH A CONTRACT8
bull )egligence incompetence or carelessness may be a basis for a lasuit overbreach of contractlt
bull t is good practice to consider all reasonable ays in hich an agreementmay go rong foresee damages and include clauses that specify bonusesfor good results or limits to liability
ITHOT A CONTRACT8 (driin)
bull (ay result in legal liability based on tort la ampinuries or damages
bull To in a claim under tort la the plaintiff must prove
o that the defendant had a duty of care to the plaintiff
o that the defendant breached that dutyo that the loss or damage as a direct result of the defendant-s breach of
duty
iability insurance is a ise investment t is essential for manufacturers thatemploy engineers because of
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0icarious ia1ilit$ the engineer-s employer is liable for any loss or damagethat results from a tort caused by an employee The engineer is protectedfinancially but not from disciplinary action by the Association
PROCT ARRANTIES
5ARRANT= applies to goods and products
bull Epress 5arranties promises that the product has a certain quality or itill perform for a certain period of time
bull Implied 5arranties unstated promises that eist as a matter of common
sense A certain amount of quality or function that is epectedltSTRICT LIAILIT
Product defects and consumer safety the focus is on the product itself and noquestions of negligence arise
A manufacturer may be strictly liable for any damage that results from the use ofhis product even though the manufacturer as not negligent in producing it
G)ARANTEE applies to services and agreements
AICE TO ESI$N EN$INEERS TO AOI PROCT LIAILITIES
bull Formal esin Re4ieamps conceptual feasibility and finalbull Codes and Standards adhere to all government industry and company
standards and codesbull Stateofteart esin Metods ma7e choices that lean toard safety
bull Formal Haard Anal$sis identify hazards try to prevent or eliminate actionplan remedial action
bull Formal Failure Anal$sis 3ailure (odes and Effects Analysis amp3(EA and3ault Tree Analysis amp3TA
bull esin Records 2eep good design records to shoe planning for safety
AICE TO MANFACTRERS
bull ltualit$ Assurance and Testin $ 111
bull Instruction7 5arnin and aner Sins f dangers do eist plan forproper signs to give arnings of danger
bull Instruction Manuals Any product that is dangerous should come ith aservice or instruction manual
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bull 5arranties7 isclaimers and oter Pu1lised Material evie allinformation ith the design engineer and by a products liability layer
bull Consumer Complaints nvestigate claims quic7ly to fi problems early
bull Customer Records gtave good records in case of a recall
OTAININ$ CANAIAN STANARS
6hec7 ith the $tandards 6ouncil of 6anada amp$66 They promote efficient andeffective standardization in 6anada
The $66 manages the )ational $tandards $ystem amp)$$ The )$$ ritestandards certify products test products and register quality systems ofcompanies amp$ 111
The $66 coordinates the 6anadian contribution to $ ampnternational
rganization for standards and E6 ampnternational Electrotechnical 6ommission
ISO === 7 QALIT MANA$EMENT AN QALIT ASSRANCESTANARS
t is a standard for effective management of a manufacturing corporation in orderto maimize the quality of the manufactured products
A 7ey part of the process involves the development of a ualit 3anual thatdocuments the four 7ey aspects of the certification process
bull quality policies for every aspect of the corporation-s operationsbull quality assurance procedures
bull quality process procedures
bull quality proof
ISO 3=== 7 ENIRONMENTAL MANA$EMENT SSTEMS
The process requires the company to eamine every function of its operationsith the goal of identifying activities ith a significant environmental impact andcommitting the company to preventing pollution in all of its many forms
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CHAPTER 8gt isciplinar$ Poampers and Procedures
EFINITION OF PROFESSIONAL MISCONCT
Each Association has the poer to prosecute people ho unlafully practiceprofessional engineering and to discipline licensed engineers ho are guilty ofprofessional misconduct or incompetence
The provincial Acts typically identify I causes for disciplinary action
bull Professional Misconduct Any conduct detrimental to the best interestsof the public or that harms or tends to harm the standing of the profession
generally as unprofessional conduct ampor an act that ould reasonably beregarded as unprofessional
bull Incompetence a lac7 of 7noledge s7ill udgment or disregard for theelfare of the public that demonstrates the member is unfit to carry out theresponsibilities of a professional engineer
bull Nelience carelessness or carrying out or7 that is belo the acceptedstandard of care or performance
bull reac of te Code of Etics
bull P$sical or Mental Incapacit$ this is included as a definition ofincompetence
bull Con4iction of an Offense isciplinary action against a member ho isguilty of an offense that is relevant to the member-s suitability to practice
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ISCIPLINAR PROCESS
hen a complaint of negligence incompetence or professional misconduct ismade against a licensed professional engineer it sets in motion a Fstageprocess of
bull Gathering nformationbull Evaluating the 6omplaint
bull 6onducting a 3ormal gtearing that enders 4udgment
Stipulated Order A simpler form of disciplinary hearing for less serious casesThe decision of guilt or innocence is decided by one representative and the resulthas no appeal process =oth parties agree to the outcome
f a member or licensee should be found guilty the iscipline 6ommittee can
bull suspend or revo7e your licensebull impose restriction on your license
bull require the member to be counseled or reprimanded
bull ma7e you pay cost of investigation or hearing
bull ma7e you rite eams or ta7e courses
bull impose up to a M01111 fine
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CHAPTER 8 Maintainin Professional Competence
Engineers have the privilege of selfregulation a privilege accompanied by acorresponding duty to maintain competence and avoid professionalobsolescence
The process requires engineers ampand engineering corporations to maintaincompetence by
bull enineerin practice or emplo$ment
bull formal education amp+niversity or Association courses
bull informal education ampshort courses or seminarsbull pu1lications
bull participation in enineerin societies
bull 1encmarin ampcomparing your practices against best practices
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CHAPTER 8 Enineerin Societies
The maor purpose of engineering societies is to encourage research into netheories or methods to collect and classify this ne information and todisseminate it to members so that it can be put to good use
The difference beteen an association and a society is that the Associationregulates professional behavior and the $ocieties disseminate engineeringinformation $o you should be a member of both
$ocieties have been established by groups of engineers hose commoninterests are based on
bull discipline
bull product
bull facility
bull evaluation
bull function
bull environment
bull language
bull geographical area
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THE CONCEPTS OF PROFESSIONALISM
PROFESSION
bull A learned calling ith specialized 7noledge
bull Performs services ith advanced 7noledge s7ill and udgment in hich
the public trusts
bull gtas public obligation and performs services in the general public interest
bull s bound by an ethical code in its relationship ith the public clientsemployees and colleagues
bull Accepts responsibility to regulate professional members and professionalservices provided to clients and the public
Engineering is a profession that is selfo4ernin and has the authority todiscipline members ho fail to comply ith proper standards of practice andconduct
The engineering profession is
bull highly organized
bull minimum standards of admissionbull regulate the activities of their members amps7illed practice and ethical conduct
bull promote the advancement of 7noledge
Professionals depend on the confidence ofbull the client or employer
bull the public
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ECEENCE
A shared commitment ith your peers to strive for ecellence
ETHICS
Ethics deals ith voluntary actions ta7en by an individual ith sufficient7noledge of options available
The COE OF ETHICS shapes the practice in to important aysbull provides a commonest of values hich offers a reliable professional
product to the public
bull professional relationship of trust ith the public is fundamental
APE$$A COE OF ETHICS
Professional Engineers shall recognize that professional ethics is founded uponintegrity competence dignity and devotion to service
8 P En sall old paramount7 te ealt7 safet$ and ampelfare of te pu1lic and en4ironment
bull They have an obligation to report conditions hich present an
immediate threat to safety health elfare or the environment
bull t should first be reported to the professionals involved then to
corporate or regulatory authorities
PEn sall undertae onl$ ampor tat te$ are competent to perform 1$teir trainin and eperience
bull Professional members should ensure to the best of their ability thatstatements on engineering matters attributed to them properly reflecttheir professional opinion
Stampin and Sinin ocuments8
bull Professionals shall only stamp and sign documents that they haveprepared or that have been prepared under their direct supervision andcontrol
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bull hen or7 is prepared by others they shall only stamp and sign afterhaving thoroughly revieed the or7 and accepted responsibility for it
bull Engineers ho apply their seals or stamps to reports plans or otherdocuments are stating that they understand and are in agreement ith
these documents
bull The absence of a seal or stamp does not necessarily indicate that aprofessional member has not revieed the document not does itrelieve the member from professional or legal responsibility if it can beshon that he or she as involved ith the or7
B P En sall conduct temsel4es ampit interit$7 onest$7 fairness ando1ecti4it$ in teir professional acti4ities
bull A client-s or employer-s interests should be held in high regard gtoeverthe folloing duties ta7e precedencelt
o duty to protect public safety
o duty to the professions under the 6ode of Ethics
o duty to act fairly to all parties hen administering a contract on
behalf of a client or employer
bull Professionals should 7eep confidential all information that is acquired inthe course of their professional duties and that concerns the businessaffairs of present or past clientsemployees
gt PEn sall compl$ ampit applica1le statutes7 reulations and 1$laamps inteir professional practice
bull Professionals should maintain adequate 7noledge of the la relating totheir area of practice
bull esponsible n4ironmntal mana+mnt comutr softar anddiscrimination are a fe of the subects covered under this ule
PEn sall upold and enance te onor7 dinit$7 and reputation of teir professions7 and te a1ilit$ to ser4e te pu1lic interest
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bull Advertisements proposals and presentations should be factual clearand dignified
bull A professional should be careful to give due credit to others
bull nly revie the or7 of another professional hen they have beeninformed unless there is a confidentiality agreement to the client
bull gtelp ET-s
APE$$A COE OF ETHICS
0 P Eng shall hold paramount the DealtD safet6 and elfare of tDe pulic and enironment
B PEng shall underta7e only or tDat tDe6 are competent to perform bytheir training and eperience
F P Eng shall conduct themselves ith interit6 Donest6 fairness and
oGectiit6 in their professional activities
K PEng shall compl6 itD applicale statutes reulations and 62las intheir professional practice
H PEng shall uphold and enhance the Donor dinit6 and reputation of their professions and the ability to sere tDe pulic interest
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COPRI$HTS
9RiDt to cop6
nly the oner of the or7 is alloed to reproduce the or7 or permit others tocopy it
Plaiarism is copying someone else-s or7 and claiming it as your on
Fair ealin +se or reproduction of or7 for private study research criticismrevie or nes reporting
Cop6riDts appl6 to8bull iterar$ ampors boo7s poems pamphlets computer programs
bull ramatic ampors films videos plays scripts
bull Musical ampors compositions ampords and music
bull Artistic ampors paintings draings maps photos sculptures architects
Also to8bull Performer(s performances actors musicians dancers
bull Communication Sinals broadcasters
bull Sound Recordins
6opyright is restricted to the epression in a fied manner amptet recordingdraing of an ideaL it does not etend to the idea itself
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3acts ideas and nes are all considered public property
6opyright does apply tobull $ong
bull )ovel
bull Playbull (agazine article
bull 6omputer program
bull ideo 6assettes (ovies
6opyright does NOT apply tobull $ong titlebull Plot ideabull Play of gtamletbull 3acts in an articlebull )ame of a computer programbull (a7ing a copy of a musical tape amproyalties have been paid already
bull 6opies for educational institutions ampcan 7eep radio and nes tapes for 0 year
bull )onprofit libraries archives and museumshen you create a or7 you automatically have copyright protection providedthat at the time of creation you ere a 6anadian 6itizen or a resident in a countrythat participates in 6opyright rules
Autorsip The person that creates the or7
Oampnersip f you are the creator of the or7 you on the copyright f you
create a or7 hile employed the copyright belongs to the employer ou canlegally transfer your rights to someone else then they on the copyright
uration 6opyright ampintellectual property lasts for the life of the author N H1years
Moral Rits Even if you sell your copyright you still retain moral rightsltThis means that no one including the person ho ons the copyright candistort mutilate or modify your or7 ampchange the ending use for a commercial etc
(oral rights eist for the same length as the copyrightou cannot sell or transfer your moral rights but you can aive them
RE$ISTRATION OF A COPRI$HT
ou do not have to register a copyright to have protection in 6anada
f you choose to register ith the copyright office you receive a certificate hichcan be used to your advantage if your or7 is infringed t is evidence that it is
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your or7 and you are the oner n a dispute you do not have to proveonership
ou send the application to the 6opyright office and you do not send your or7in ou may need to send a copy to the )ational ibrary of 6anada but the
6opyright office doesn-t revie your or7 at all
There is no requirement to mar7 your or7 under the 6opyright Act ou canmar7 it li7e this
)ame ear copy e 4ane oe 09I copy
ou can use this format even if you have not registered your or7
The 6opyright ffice is not responsible for ensuring that your copyright is notbeing infringedCCthis is your ob ou have to launch legal action yourself and
the courts are left to decide
Assinment As the oner you may decide i4e up part or all of $our rits toanother party The assignment may be for the hole term or for ust a certainpart of the term
icense ou as the oner give someone else permission to use your or7 forcertain purposes and under certain conditions but you still retain onership oudo not i4e up $our rits
Ro$alties (oney paid to the copyright oner as commission for sales of theiror7 or permission to use them
Tariffs $et fees that users must pay for using certain copyright material
Collecti4es an organization that collects royalties on behalf of its members
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TRAEMARampS
A trade2mar is a ord symbol or design to distinguish the products or servicesof an organization or person from others t can also represent a reputation
Ordinar$ Mars ords or symbols that distinguish your product or service ampe Giddy+p
Certification Mars identify ares or services that meet a defined standardThey are oned by one person but licensed to others to identify ares orservices hich meet a defined standard ampe oolmar7 APEGGA seal
istinuisin uise identifies the unique shape of a product or its pac7ageampe eggs Egg
A trade name is the name under hich you conduct your business The tradename can be registered under the Trade(ar7s Act only if it is also used as aTrademar7 ampto identify products or services
RE$ISTERIN$ A TRAE2MARamp
The Reistered Trade2Mar is one that is entered on the Trademar7s registerou are not required to register your trademar7 if you use it for a certain lengthof time you can establish onership by 6ommon a
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bull egistration of your trademar7 gives you the eclusive right to use the mar7across Canada for 8 $ears then you have to rene it
bull t is recommended that you register your Trade(ar7 in case someone elsetries to use it
bull f you fail to use the mar7 for an etended period your registration may becancelled
bull ou can register a trademar7 by filing an application for registration ith theTrademar7s ffice our trade2mar must e used in Canada efore itcan e reistered+
RE$ISTRATION QALIFICATIONS
bull 6annot be primarily your full name or surname ampunless you can prove it is already
identified
bull ou may not register a ord that clearly describes a feature of the product orservice ampseet uicy
bull The ord cannot be clearly misleading ampdeceptively misdescriptive ampe sugarseet if it has no sugar
bull ou may not register a ord that clearly designates the place of origin of theproduct or service or if it misleads the public into thin7ing that the productcomes from there ampParis 3ashions Atlantic 6od but you can use )orth Pole =ananasbecause no one ould epect them to come from there
bull ou can use a disclaimer statement indicating that you are not claimingeclusive rights for certain ords appearing in the trademar7 n this ayyou can use clearly descriptive ords hich are unregisterable on their onampce 6ream in =ob-s ce 6ream
bull )ames of products in other languages cannot be registered ampurstlt is Germanfor sausage
bull 6annot be registered if it consists or a plant variety denomination
bull ou cannot use ords symbols sounds or ideas that are confusingly similar
to a registered trademar7 or a pending mar7 amp2ing og 3ood and 2ing 6at 3oodould be refused
bull ou cannot register a trademar7 that resembles certain official symbolsunless you have the consent of the authority in question
o fficial government symbols
o 3amily coats of arms
o =adges and crests or 6(P
o Emblems and names of ed 6ross or +)
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o 3lags of other countries
o $ymbols of provinces
=efore you try to register your trademar7 do a search and include trade namesas ell
After you have a registered trademar7 to 7eep it you mustLbull Pay the registration fees every 0H years
bull +se the trademar7 in 6anada or it ill be epunged
Assinment to sell or transfer your rights to a trademar7 to another party
Marin ReDuirements The Trade(ar7s Act does )T have anyrequirements but many oners indicate their registration through the folloingmar7s
983214 O registered trademar7
991522 O trademar7$( O service mar7
The Trade(ar7 ffice ill prevent anyone else from registering your trademar7but it is your responsibility to monitor the mar7etplace and ta7e legal action ifsomeone is using your trademar7
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PATENTS
A patent is
bull A document protecting the rights of the inventor
bull A repository of useful technical information for the public
The idea is to promote the sharing of technological information hile giving you amonopoly on your creation
ith a patent the government gives the inventor the right to eclude others fromma7ing or selling your invention
The invention is protected from the day the patent is granted to a maimum of =6ears after the day you filed your application
The Patent ffice then epects you to provide a full description of your inventionso that all 6anadians can benefit from this technology They allo your
application to be open gt montDs from the filing date during the con4ention priorit$ date
Patent applications are made pulic gt montDs after the 6anadian 3iling ate
ou must obtain a valid patent ithin 8 $ear of main te product pu1lic
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A 6anadian patent is only etended throughout 6anada ou must apply forpatent rights in other countries separately
t is important to 7eep your invention secret until your first patent application isfiled in order to preserve your rights to file later in most foreign countries
3or an invention to be patented it must be
bull NO0ET= 3irst in the orld
bull )TIIT= 3unctional and operative
bull INGEN)IT= $ho inventive ingenuity and not be obvious to someones7illed in that area
The folloing items are patentable
bull Product ampdoor loc7
bull A composition ampchemical composition li7e lubricant
bull An apparatus ampmachine to ma7e door loc7s
bull A process ampmethod
bull An improvement on any of these
The idea alone is not patentable t must be reduced to something physical
ou CANNOT patentbull A scientific principle
bull An abstract theorem
bull An idea
bull A method of doing businessbull A computer program
bull A medical treatmentn 6anada patents are given to the first inventor to file an application
f you invent something hile or7ing for an employer on the employer-s timeith the employer-s materials at the epense of the employer the inventionrights still belong to you unless you have been hired by the company to inventpatentable inventions
PATENT APPLICATION
+ $et a Patent Aent
+ Preliminar6 SearcD
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bull ou can do a preliminary search in the online database or visit the Patentffice in person
0+ Preparin tDe Patent Application
bull A patent application must consist ofo a1stract ampbrief description
o specification ampclaims and boundaries of protection
o draampins
3+ File 6our Application4+ Reuest eBamination5+ EBaminer does searcD and approes or oGects+lt+ Respond to an6 oGectionsgt+ Patent ranted or oGected+
CONENTION PRIORIT
(any countries belong to the Paris 6onvention for the Protection of ndustrialProperty
This treaty allos you to invo7e convention prioritylt hich means that your filingdate in one member country ill be recognized by all others provided you file inthose countries ithin the first year
ampe if you file in 6anada in 4anuary B111 you could file up to one year later in most countriesamp4anuary B110 and still receive the same rights as if you filed in B111
PATENT COOPERATION TREAT (PCT)
t provides a standardized international filing procedure for foreign patents hichis shared by our principal trading partners including the +$ 4apan and mostEuropean countriesou may file for a patent in as many as 01I member countries through a singleapplication filed in 6anada
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INSTRIAL ESI$N
An Industrial esin is the features of shape configuration pattern or ornamentapplied to a finished article made by hand tool or machine ampappealing to the eye
There is no time limit for filing an application as long as the design has neverbeen published ampmade public to anyone
ou must file ithin 6ear of going public ith your design or you ill lose youreclusive rights to the design
The advantage of registering your industrial design is that it gives you eclusive
right to your design for up to = 6ears from tDe date of reistration
+nless you register your design you can ma7e no legal claim of onership andhave no legal protection from imitation
nly the proprietor ampcreator of the design may obtain registration unless youhave been hired to develop a design Then the hirer is the proprietor
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Trade Secret industrial 7noho or valuable information acquired by abusiness t could be a
bull formula
bull pattern
bull device
bull compilation of info used to give you an advantage over the competitors
ou cannot registerbull That don-t have visual appeal
bull 3eatures that are hidden from vie or too small to appeal to the eye
bull A method of construction
bull An idea
bull (aterials used in construction
bull 3unction of an article
bull 6olor
ESI$N RE$ISTRATION
The application ill includebull Application forms ampdescription
bull At least one draing or photograph
bull 3ees
The process ill include
bull nitial processing
bull Eamination
bull egistration
ou do not have to mar7 your design in order to indicate that it is registered butmar7ing it gives you etra protection
As proprietor you may ta7e legal action against anyone ho infringes on yourdesign in 6anada but you must ta7e action ithin F years of the incident
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An 9assinment occurs hen you sell all or part of your rights in the designpermanently to another party
ou can 9license another user to allo someone else to use your design but
you still retain onership
To have your design protected in other countries you must apply separately ineach country
ou have 5 montDs to file for 9conention priorit6+ampe you apply to register in 6anada in 4anuary B111 then you have until 4uly B111 to file in other 6onvention countries and receive the same rights as if it ere 4anuary B111
LA FOR PROFESSIONAL EN$INEERS OOamp
CHAPTER 8 Te Canadian eal S$stem
The legal system of 6anada is based on the English common2lalt system andthe English courts of euit6lt system ampudgemade la and is calledCOMMON2LAlt
The 3ederal 6ourt of 6anada has urisdiction over federal matters such aspatents trademar7s and copyrights
Pu1lic aamp deals ith the rights and obligations of government ampcriminal and6onstitutional la
Pri4ate aamp deals ith the rights and obligations of individuals or private organizations ampCONTRACT AN TORT LA
Termsbull itigation lasuit
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bull Plaintiff party bringing the actionbull efendant party defending the actionbull Appellant party appealing the decisionbull espondent party see7ing to uphold a decisionbull Privity of contract legal relationship beteen parties to a contract
bull 6reditor party to hom an amount is oingbull ebtor party that oes an amount to creditor bull $uarantee A guarantees = the debt of 6omp amphen = doesn-t get paid
= goes to 6omp first then to A
bull Indemnification a promise to directly compensate or reimburseanother party for a loss or cost incurred f Aindemnifies = the debt of 6omp amphen = doesn-t get paid =goes directly to A
CHAPTER usiness Oraniations
Sole Proprietorsip an individual carries on business by and for himself andalso enoys the profits and incurs any losses personally
Partnersip an association of persons ho conduct business in common ith avie to profit ndividuals or organizations share profits and losses
Corporation an entity unto itself distinct from its oners ampfictitious personThe corporation itself ons its assets and incurs its on liabilities
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CHAPTER B International Considerations
t is etremely important to obtain advice from an appropriately eperiencedlayer in the foreign country or have the advice of a consultant in that countryt is ise to purchase political ris7 insurance and to use careful udgment together ith a local influential partner
$ome potential ris7s of or7ing internationally are
bull Political Ris is one of the more obvious ris7 factors in or7inginternationally The 6hanges in government can lead to significant policychanges
bull Licensin reuirements and obtaining necessary permits and approvalsin a foreign country under different legal systems can be timeconsuming
bull Financial Riss due to currency echange and controls or restrictions onthe transfer of funds out of the country
bull Contract documents and forms used on proects may be different
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CHAPTER gt Tort ia1ilit$
Tort8 generally refers to a private or civil rong or inury one that involvesnegligence and that may arise independently of contract ampcar driver and victim
amphich includes financial loss hen based on a professional-s opinion
The fundamental purpose of tort la is to compensate ictims of tortsPunishment of negligent rongdoers IS NOT a purpose of tort la
Professional liability insurance should provide protection if an engineer-snegligence results in damage arising in tort
n order to satisfy the courts that compensation should be made the plaintiff in atort action must prove that
bull The defendant oed the plaintiff a duty of care
bull The defendant breached that duty by his conduct
bull The defendant-s conduct caused the inury to the plaintiff
f any 0 of these F aspects is not proven to the satisfaction of the courts theplaintiff ill not in
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A significant factor in a tort action is the establishment of the standard of carerequired of the defendant
The standard is applied based on the premise that engineers have a duty to use
the reasonable care and s7ill of engineers of ordinary competence Thereasonable carelt is measured by applicable professional standards of theengineering profession at the time the services ere performed
Strict ia1ilit$ manufacturers and employers are held strictly liable hen faultis not necessary if compensation is to be provided ampnot yet upheld in 6anadaampe All employees ma7e contributions on behalf of employees and if someone is inuredcompensation is provided ith no finding of faultampe A manufacturer may be strictl6 lialelt if for any damages that result from the use of theirproduct
0icarious ia1ilit$ The employer is responsible for damaged caused by its
employees The employer provides compensation because it is presumed thatthe employer is in a better financial position than the employee
Concurrent Tortfeasors hen more than one party is liable in a tort actionThe defendant-s together are called concurrent tortfeasors
Products ia1ilit$ The plaintiff must be able to establish that damage hasclearly resulted from appropriate use of a product and the defendantmanufacturer must then persuade the court that at the time the manufacturercould not have foreseen the defective nature of the goods manufactured6anada has not yet ta7en a strict liability approach on products as the +$ has
Products liability has developed through principles of both contract la and tortla The tort concept of fault has been applied and implied contractualarranties that the product is effective and the contract of a sale must also eist
n productsliability matters economic losses ampin the absence of physical inurymay in some circumstances be recoverable
Standards of Care and ut$ to 5arn A manufacturer must arn theconsumer of any dangerous potential of the product by appropriate labeling
Oter Tortsbull Tort of defamation8 ampif the statements that damage the reputation are true there is
no liability
o ibel D in riting
o $lander D verbal
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bull Occupiers Liailit68 The occupier of a property must eercise therequired standard of care to ensure the safety of individuals coming ontothat property
bull Tort of Nuisance8 esigned to alleviate undue interference ith the
comfortable and convenient enoyment of the plaintiff-s landampe insecticide spray drifting onto other land
CHAPTER Proof
The burden of proof is on the plaintiff to prove the case against the defendant
Engineers often find themselves ma7ing appearances as eBpert itnesses incourt
The epert is permitted to epress opinions ith respect to his or her area ofepertise and the itness should be cautious and restrict testimony to such
area
ou ill be hired by one side and crosseamined by counsel from the otherparty
Preparation is of the utmost importance in litigation The epert itness shouldclearly understand the issues in the lasuit and be aare of the scope ofquestions that can be reasonably epected
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CHAPTER 28 Contracts
3or a contract to be binding and enforceable the folloing elements must bepresent
bull An offer made and accepted
bull (utual intent to enter into the contract
bull 6onsideration or offer ampan echange of promises each promise representing
something of valueCpayment of money is not essential
bull 6apacity to contract ampcan-t be a minor drun7 or crazyCenforceable by the drun7 if
the other party 7ne they ere intoicatedbull aful purpose 6ontract on-t be enforced if it is unlaful
An offer is a promise made by one person to another
)ot all contracts are in riting
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+ntil it is accepted the offer may be ithdran by the offeror unless it is madeepressly irrevocable by its terms
Irre4oca1le Offers =idders submit offers or tenders that have been madeirrevocable for a specific period of time At any point during that period the offer
may be accepted and a contract ill be formed
Option Contract This contract is another means of 7eeping an offer open for acertain period of timeampe The party purchasing the option may ant do eploration or7 for a period of time beforedeciding to spend a large sum of money on the property
EDuita1le Estoppel A udge can stoplt the strict terms of a contract from beingfolloed if it is proven that the terms had changed outside of the agreementampoften used hen etensions to deadlines are agreed upon and then the person tried to go bac7to the original ritten contract
Pursuant to contract la consideration ampor a seal must be present in order toma7e a change to a contract enforceable D otherise it is ust a promise not laThe courts protect the person in the situation here a promise is ta7en as fullagreement
Statute of Frauds Ensures that certain types of contracts must be in riting tobe enforceable
Rectification This order can be applied for to rectify a contract because of asecretarial or recording mista7e
)nilateral Mistae A mista7e made by only one party to a contract 6ourts illdecide hether a contractor ill be relieved of their mista7e
CHAPTER 8 Tenderin Issues Contract A
a of tendering in 6anada gives the principle that there are B separatecontracts that arise in the tendering process
0 Contract A D the contract of irrevocability ampthat deals ith the tenderingphase
B Contract D the construction contract ampapplies to the construction phase
The number of number of tenders submitted is the number of 6ontract A-s thatare formed
The original tender pac7age contents cannot be changed ithout notifyingeveryone or you are in =reach of 6ontract A
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CHAPTER 82 Contract Interpretation
Parties to a contract sometimes dispute the meaning of part of the contract Todifferent approaches can be ta7en hen interpreting contracts
bull i1eral Approac ta7es into account the intent of the parties and maylead to speculation on that intent
bull Strict Approac focuses on the precise ords in the agreement andmay rely on dictionary meanings
Contra Preferentem hen a contract is ambiguous or unclear it ill beinterpreted against the person that rote it up
Parol E4idence Rule hen verbal agreements outside of the ritten contractare included as rule in a contract n most cases if a condition is agreed uponverbally but is not included in the contract then the condition is not part of thecontract
Implied Terms hen the inclusion of obvious terms of a contract have beenoverloo7ed here it is reasonable implied terms may eist in a contract
CHAPTER 83 iscare of Contracts
There are several ays to discharge a contract
bull Performance hen all parties have completed their respectiveobligations the contract is at an end
bull Areement to iscare Parties in a contract are alays free to amend
the contract or agree to cancel or terminate the contract upon mutuallyagreed terms
bull iscare Pursuant to Epress Terms t is advised to include in acontract terms here all parties may terminate the contract if certainoutside events ere to occur ampe ban7ruptcy
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bull iscare 1$ Frustration hen changing unforeseeablecircumstances occur that may radically change the obligations of theparties
o Force Maeure Provides that the time for completion ill beetended in the event of ar riot flood labor dispute or other
events that are beyond the control of both parties
bull iscare 1$ reac of Contract ne party fail to perform obligations
o iscare 1$ Repudiation hen the party to a contract
epressly tells the other party that they have no intention ofperforming contractual obligations
CHAPTER 86 reac of Contract
f a party to a contract fails to perform obligations specified in the contract thenthat party has breached the contract
The innocent party is entitled to certain remedies depending on the nature of thebreach and the terms of the contract
Condition an obligation that is essential or vital to the contract5arrant$ an obligation that is NOT essential or vital to the contract
A =reach of 6ontract is a cause for discharge only if its effect is to render itpurposeless for the innocent party to proceed further ith performance
Repudiation hen the party to a contract epressly tells the other party thatthey have no intention of performing contractual obligations
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REMIIES
A nondefaulting party is entitled to damages for losses incurred as a result of abreach of contract
irect amaes Actual calculated difference in the cost of having to chooseone service over the other ampthe loest bid is chosen and then they refuse to do the or7so the second loest bid is chosen and the party sues for the monetary difference beteen theloest and second loest bid
Indirect amaes Are consequential to the breach and might include damagesfor lost profits or damages incurred if the contract is not fulfilled
iDuidated amaes Are preestimated damages if certain events ere tooccur that are ritten into the contract under a Penalty 6lause
ltuantum Meruit hen services have been requested and performed but nooutside agreement as reached beteen the parties as to hat payment ouldbe provided in return for the services then the courts can aard the person ithas much as is reasonably deservedlt for time spent and materials supplied
Su1stantial Compliance hen a contractor has substantially complied iththe terms of a contract yet failed to comply ith some minor aspect of thecontract The contractor ill be paid the contract price minus the cost ofdamages caused by the minor problems
Specific Performance hen the courts require a party to perform a contractual
obligation li7e the sale of land or a personal item
Inunction A court order that prohibits or restrains a party from performing anactCHAPTER 9 Fundamental reac
Applies to a contract that contains an eemption clause amphere parties limit theirliability if a breach of contract results and ma7es the eemption ineffective
CHAPTER 8 Areement etampeen Client and Enineer
A contract beteen a client and an engineer must include all of the essentialcontract elements
The document ill not specify the degree of care that is required of the engineerin carrying out the services =ut the engineer is liable for incompetence
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carelessness or negligence that results in damages to the client and for notperforming ith an ordinary and reasonable degree of care and s7ill
CHAPTER Concurrent ia1ilit$ in Tort and Contract
+nless otherise stated in a contract the standard of care epected of anengineer doing a ob is the same standard of care by hich an engineer-sperformance is measured in tort
3or a breach of contract there is a limitation period of I years from date of thebreach in hich to press charges instead of hen it is discovered
n tort the limitation period in hich to press charges starts hen the damagesare first detected
CHAPTER 3 Ar1itration and AR
A lasuit is not alays the best ay to resolve a dispute beteen contractingparties especially technical disputes
Ar1itration or Alternati4e ispute Resolution +AR- t is less costly and lesspublic than litigation
An engineer that is an arbitrator is epected to act impartially and independentlyof the parties to the dispute
The Arbitration Act deals ith the appointment of an arbitrator and sets out astructure or set of rules to govern the conduct of an arbitration unless the partiesagree that some other structure or rules ill apply
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The Act also gives arbitrators the urisdiction to aard preudgment and post udgment interests ust li7e the courts have under the 6ourts of 4ustice Act
Partnerin intended to respond to the need for improved attitudes amongstindustry participants to the importance of teamor7 on proects
This cooperative attitude should assist in resolving proect disputes at an earlystage
) TGAT) and A=TAT) result in a 4+G(E)T TgtAT $=))G
Proect Neutral (proGect manaement oerie) The companies appoint a
proect neutral usually an independent professional eperienced in the industryto be aare of developments on the proect ith a vie to offering unbiasedadvice and decisions
Mediation esolving disputes through the negotiating process involving amediator ho is to provide guidance and to facilitate the settlement process agobeteenlt in communicating proposed settlements
There is no udgmentL the parties need to or7 out their differences
CHAPTER BB Industrial Propert$
Industrial Propert$ Rits ights that generally relate to patents trademar7scopyrights and industrial design
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0+ E1TRA PART2TIME EMPOMENT ON THE SIE---
bull nform the main employer to see if it is 2
bull Employee must sho fairness and loyalty to the employer
bull )o conflict of interest ampno competing on same contractsbull Parttime or7 should not reduce employee-s efficiency for main ob
3+ SHOL EN$INEERS OIN LAOR NIONS---
bull es as long as the engineers are no managers in the company
bull t might be better to inform management of their dissatisfaction ith theirsalaries and negotiate individually or as a group Then see7 legal advice
4+ FALSE EN$INEERIN$ ATA IN AERTISIN$---
The elfare of the general public is the most important
bull nform the engineering manager
bull ecide to or7 for change ithin the company be the histlebloer or quit
5+ ISCLOSIN$ CONFIENTIAL COMPAN INFORMATION---
ou 7no that something is dangerous but you hear of a competitor that is going
to use itCC
bull Tell your employer first and determine the best ay to tell 6ompany =
bull ou must tell 6ompany = about your findings and potential problems tosave the public
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CHAPTER 3 Etical Pro1lems of Enineers in Manaement
bull )nlicensed Personnel using them to carry out professional engineeringor7
bull Misuse of Enineerin Title
bull Re4ieampin 5or and E4aluatin Competence engineers should notunderta7e or be assigned or7 that is not ithin the competence level of theengineer
bull 5or Re4ieamped for Accurac$ engineers have other engineers chec7 theiror7 only ith their 7noledge
bull 5or Re4ieamp to Assess Competence engineers have revies as long asthey are informed that it is happening
bull iscrimination in Enineerin Emplo$ment
Computer Pro1lems security infringement of copyrights incorrecttransmission errors and bugs softare piracy
ETHICAL PROLEMS OF MANA$EMENT (CASE STIES)
+ NLICENSE EN$INEER PRACTISIN$ IN A NE PROINCE---
f you have a valid license from another province you need to apply for a neone right aay in the ne province ithout a valid license in the province youare or7ing in your or7 should be supervised by another engineer
+ OFFENSIE LAN$A$E TO THE P AT THE COMPAN PICNIC---
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ou can-t fire someone for an alternation at a social event There must be arecord of continual insolence and insubordination ou should refuse to fire himin riting and give him a reprimand instead
0+ CONFLICT OF INTEREST---
ou are on a committee that is deciding to revise specifications These revisionsill help out your company and the committee chair-s company but ill ma7e ithard on competitorsou must tell the committee of the conflict of interest
3+ ERRORS IN EN$INEERIN$ PLANS OR SPECS+---
ou notice errors in design hen your role is supposed to be in manufacturing
ou should phone the client and tell him about it and then follo up ith a letterand then proceed ith the fabrication after you get ritten conformation from theclient f the errors may cause harm to the public you must report it
4+ ampEEP PRELIMINAR ATA SECRET NTIL AFTER SHAREHOLERSMEETIN$---
t is ethical to 7eep preliminar6 results secret until the final results are 7non forcertainty
5+ ACCONTAILIT IN A NE O HERE PREIOS MANA$EMENTHAS TAampEN NO ACTION AN NO O ARE ACCONTALE
ou are alays responsible to act ith professional integrity and high ideals
bull 3irst tell the person ho is committing the misconduct nclude thebenefits of dealing ith the situations and the consequences of notdealing
bull Then suggest that together you discuss the matter ith senior
management or the Associationbull 3inally if you have no choice go alone to senior management or get
advice from the Association
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CHAPTER 6 Etical Pro1lems of Enineers in Pri4ate Practice
THE CLIENT 7 CONSLTANT RELATIONSHIP8
The consultant ampengineer is usually hired to monitor an engineering proect li7ethe construction of something This creates a relationship beteen the
contractor ampdesigner or builder the consultant ampengineer and the client amponer
Independent Model The client eplains the problem and hands all decisionma7ing over to the consultant =ad because the client can-t ma7e any choices
alanced Model The consultant ma7es recommendations and provides theengineering advice but the client chooses the path to follo This is the middle of the spectrum
Aent Model The consultant ta7es orders from the client This doesn-t use anyof the engineer-s 7noledge
AERTISIN$ EN$INEERIN$ SERICES
Engineers can only advertise through factual representation ithouteaggerationlt
ou cannot use the engineer-s seal or association-s seal in any form ofadvertising
SE OF THE EN$INEERS SEAL
The Act requires that all final draings specifications plans reports and otherdocuments involving the practice of professional engineering must be datedsigned and sealed
t is not optional to use the seal
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(ost documents state that they ere prepared or ceced and appro4ed bythe person ho sealed them
The seal is legal because it indicates that the person accepts responsibility forthe accuracy of the documents and implies that the person has a thorough
7noledge of the proect to hich the documents relate
o not seal anything that you are not illing to accept full responsibility for
9CHECampIN$ EN$INEERIN$ OCMENTS
Ceced the documents ere prepared by someone under the directsupervision of the person ho signed and sealed them
ou can seal the or7 of others ampnot under direct supervision provided that you
thoroughly revie the or7 and are illing to accept full responsibility
o not assume responsibility for or7 that is beyond your area of epertise or for or7 that you have not thoroughly revieed for accuracy
PREPARATION AN APPROAL
f one engineer prepared the draing and another engineer must approve itthen 1ot seals should appear on it therise only the approving engineershould seal it
f final draings cover more than one discipline then they should be sealed bythe approving engineer ampchief and by the design engineer for each discipline
ETAILE RAIN$S
The engineer generally has responsibility for a proect as a hole and theengineer-s seal must appear on maor reports specifications or draings thatdescribe the proect ou are not epected to seal every draing but they allmust be prepared under the engineer-s control and supervision and you assume
responsibility for all of them hether they are sealed or not
MASTERS AN PRINTS
The master draings must be complete since they are the maor reference fordesign and construction fabrication
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The time to seal a draing is hen it is approved and released for fabrication orconstruction
ou seal te copies7 not te master That ay the prints can be chec7ed formodifications hen sealed
ETHICAL ISSES
Confidentialit$ The engineer has a clear obligation under the code of ethicsto 7eep affairs of the client confidential
Conflict of Interest here the engineer has an interest that interferes ith the
service oed to the client The engineer must disclose any personal interestthat there may be
Re4ieampin te 5or of Anoter Enineer The engineer should be informed hen his or7 is being revieed but it is not necessary to receive permission todo so The elfare of the client or the general public must come before thepersonal ishes of the engineer
Supplantin 6onvincing the client to fire their engineer and hire you instead isunethical
reac of Contract ampcivil liability a failure to complete the obligations specifiedin a contract ou can get protection for this ampliability insurance
Nelience ampcivil liability a failure to eercise due care in the performance ofengineering There is NO protection for this
ETHICAL PROLEMS OF EN$INEERS IN PRIATE PRACTICE (CASESTIES)
+ ORampIN$ AN OTIN$ ON PLANS FOR A STREET-----
ou cannot vote on hether a proect should be accepted if you are involved inbidding on the proect ou must disclose your involvement and abstain fromvoting and participating in the decision ma7ing process
+ ENORSIN$ A PROCT ON T---
t is seen as unprofessional and a conflict of interest
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0+ LE$AL SETTLEMENT AN EIN$ PAI ON THE OTCOME---
As an epert itness you are giving your professional opinions The amount youma7e ampcontingency ill be dependent upon the outcome of the case Getting
paid this ay is a conflict of interest since there is personal benefit based on theoutcome ou should accept a flat rate fee
3+ ORI$INAL SEALE RAIN$S CHAN$E INSPECTION---
ou don-t sign and seal the originalConly the copies so that modifications areevident f the proect isn-t to original specifications the calculations must bedone from scratch and nothing is to be done until they are complete
4+ RECIN$ OR FEE IF THE OECT HAS ALREA EENESI$NE FOR SOMEONE ELSE EFORE---
Establishing fair and reasonable fees depends on
bull evel of 7noledge and qualifications required
bull ifficulty and scope of the assignment
bull esponsibility that the engineer must assume
bull +rgency ith hich the or7 must be completed
bull Time required
ou should not loer your price to produce a similar design for 6lient = but if
6lient A anted a second building that as the same as the first then a smalldeal could be made
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CHAPTER 89 Te Enineer(s ut$ to Societ$ and te En4ironment
T TO SOCIET8
ou must put the greater good of society ahead of personal gain
The to environmental problems that have accompanied the industrialization ofour society
bull Proliferation of MacineMade Haards +sing highays aircraftnuclear poer toic chemicals more often ma7e it more dangerous
bull eradation of te En4ironment The lifestyle of industrialized nations
requires a high energy usage to maintain it The consumption of fossilfuels and the careless disposal of aste has deteriorated the environment
o 5aste isposal
o Air Pollution SO2 ndash from coal combustion (London) NO x ndash cars (LA) CO
Photochmical oxidants (sun) oon PAN Proxactl
nitrat
o Acid Rain
$amp harmful to fish at amp
o 5ater Pollution
isascausin+ bactria
Or+anic ast dcain+ in th atr
-rtilirs
oxic matrials ( PC) Acidification
0ast hat
A+ricultur ndash ind carris sticids salt frtilirs and
nitro+n to th atr
o Glo1al 5armin and Oone epletion +Greenouse Effect-
CO2 C$ NO2 O1 Chlorofluorocarbons
o Ener$ Conser4ation and Nuclear Poamper
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o Eponential Population Groampt
The good of society is determined on a utilitarian basis D creating the maimumgood for the maimum number of people
=efore reporting an incident to the Association
bull Informal Resolution 3irst the engineer should try to resolve problemsinformally and internally in an open and professional manner
bull Confidentialit$ f it is necessary to report a situation never report it to thepublic or media Alays report it to the Association or proper regulatory body
bull Retaliation ou cannot be fired for reporting a situation ou can file alasuit to recover lost ages and costs
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CHAPTER 88 Enineerin Case Histories
+ THE QEEC RI$E ISASTER
pened in 00 the longest cantilever span in the orld
=ridge as redesigned ith a larger span and the dead eight calculations erenot redone
Then there as a material failure in a bearing casting that temporarily supportedthe central span hile it as being transported and lifted into place
essons earnedbull ou have to have enough money to pay all the people to do their obs
properly for large proects before you start them amp(r 6ooper as not paid nearlyenough to do the etra or7 to redesign nor as he really competent
bull gtire capable competent professionals ampnot old or sic7 that can-t visit the construction site
bull 6learly define duties authorization and responsibility of professionalpersonnel
bull iscuss all design decisions and technical problems openly and listenreceptively amp3or F ee7s the chief engineer tried to contact 6ooper about the strangebending of some steel parts and recommended some changes be madeC6ooper didn-tlisten
bull evie details especially engineering design calculations amp6ooper did not redothe calculations for dead eight after he changed the length of the structure
bull (onitor or7 on the site adequately amp6ooper as too old and sic7 to monitor any ofthe building or fabrication
bull
Ensure that communication is rapid and accurate ampt too7 F ee7s for the chiefengineer to reach 6ooper ith his concerns
bull Provide adequate support staff for good money
+ THE ANCOER SECON NARROS RI$E ISASTER
4une 0H9 to spans of the cantilever bridge collapsed
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t as caused by the faulty design and eventual collapse of a temporary toersupporting the partially completed bridge
The additional time and material needed to reconstruct the damaged portions ofthe bridge
essons earned
bull 6onsulting engineers should recommend alloable stresses for temporaryconstruction support structures
bull The contractor should be required to submit all construction plans andcalculations for approval prior to construction
0+ THE ESTRA MINE ISASTER
(ay th 0B mine ble up and 7illed BI miners
The floor roof and sides of the road should have been cleared and treated ith
stonedust and proper ventilation procedures should have been folloed despitedelayed production
essons earned
bull Production demands resulted in the violation of basic and fundamental safemining practices
bull (anagement ignored or encouraged many hazardous and illegal practicesincluding 0Bhour or7 shifts improper storage of fuel refueling vehiclesunderground using nonflameproof equipment
bull The methane gas from the coal needed to be properly ventilated out of themine
bull Proper permits and changes to the mine plans ere not approved by theproper authorities
bull ritten orders to stonedust and to clean up the mine ere not folloed
3+ THE LO$EPOLE ELL LOOT
ctober 0Jth 0B a sour gas Amoco ell ble out and they could not get itbac7 under control
The initial 7ic7 occurred primarily because drilling practices during the ta7ing ofcores ere not folloed and this combined ith the marginally adequate muddensity used permitted the entry of reservoir fluids into the ellbore
They lost control of the ell and then it started on fire from some (us7eg thatas burning underground
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There ere also some equipment failures that attributed to not being ale tocirculate the 7ic7 out quic7 enough
essons earned
bull Amoco did not apply the necessary degree of caution hile carrying outoperationsbull )eeded to be fully prepared in the event of a fluid influ
4+ THE RE21 MININ$ FRA
The samples had been saltedlt D adding minerals li7e gold here none eist
essons earned
bull The chief geologist had a responsibility to sho due diligence in safeguardingthe core samples and ensuring that the gold assay as properly done Thatthe gold content based on the samples as accurately calculated and thatthe doublechec7s ere made to confirm the results
bull This emphasizes the critical dependence of the mining and resourceindustries on professionals ith high ethical standards
5+ THE CHALLEN$ER SPACE SHTTLE E1PLOSION
n 4anuary B9 09I the accident as caused by hot gases bloing past one ofthe seals in the roc7et boosters The seal had been unable to do its ob properlybecause of the unusually lo temperature in 3lorida on the day of the launch
The manufacturer of the boosters had this information but had decided to goahead ith the launch anyay
essons earned
bull n an enormously large organization it is easy for decision ma7ing to fall
through the crac7s
bull t is very easy for engineers to fall into the comforting belief that they arefolloing a conservative course hen in fact they are deviating intodangerous territory
bull isasters are easy to create D safety comes hard
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lt+ THE C2= PASSEN$ER AIRCRAT ISASTER
n 0JB a cargo door latch failed and the door ble out of a 601 over indsor) and the eplosive decompression of the cargo compartment caused part of
the cabin floor to collapse
This opened a large hole in the bottom of the fuselage and severed most of thehydraulic lines hich caused the loss of control of the rudder and aileronsEveryone landed safely that day
n 0JK another 601 over Paris lost its cargo door The decompression ofthe cargo compartment again caused the cabin floor to collapseL control of theailerons and rudder ere lost and the plane crashed 7illing FKI people
essons earned
bull The 3AA failed in its role of safety atchdog t certified the cargo doordesign in spite of the failure during the ground test Then after the neardisaster over indsor they merely advised the airlines to follo themanufacturer-s service bulletin rather than issuing a directive that ould haverequired all 601-s to be retrofitted
gt+ TO1IC POLLTION8 LOE CANAL MINAMATA HOPAL SR
mproper disposal of toic or environmentally harmful aste
Loe Canal Ne or 7 ioBin
bull n 0HF gtoo7er 6hemical 6orporation dumped over 09111 tons of chemicalaste including dioins until the canal as flat land again
bull Then they donated the land to the =oard of Education but said nothing aboutthe chemicals buried there
bull Eventually the chemicals ere discovered in 0JI and the area asevacuated and treated
bull Total cost of the cleanup as MBH1 million and gtoo7er asn-t liable for any ofit because of their contract hen they donated the land
Minamata a6 apan 7 Mercur6 Poisoninbull n 0FB the 6hisso 6ompany a nitrogen fertilizer company began producing
acetaldehyde (ercury as needed as a catalystbull uring the production process a portion of the mercury as lost D ashed
into the =ay ith the aste aterbull The organic mercury as absorbed by the shell fish and eventually eaten by
people
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bull =y 0IB it as estimated that about B11 people had contracted (inimatadisease
Dopal India 7 MetD6l Isoc6anate
bull n 09K a poisonous cloud of methyl isocyanate gas escaped from the +nion
6arbide plant 7illing thousands of people up to I 7m aaybull The incident happened hen a or7er as cleaning a pipe ith ater and the
ater mied ith the chemicals and over pressured the tan7s causing them torelease the gas
Sudur6 Ontario 7 SulpDur ioBide
bull )ic7el that is mined in ntario is in the form of sulphied ore and cannot be
directly converted into metallic form t must first be smelted D burned toremove the sulphur hich is done in huge open roastslt hich emitted huge
toic clouds of sulphur dioidebull $ulphur ioide hen dissolved in ater became acid rain
bull This devastated the area around the plantL trees are stunted and sparsela7es have no fish no bird life
bull $ince then about F111 hectares have been reclaimed
essons earned
bull Each of these incidents involves ignorance carelessness or incompetenceand most involve an arrogant lac7 of ethical action
bull6onsequences of negligence can be terrifying
+ NCLEAR SAFET
TDree Mile Island
(arch B9 0J a routine maintenance operation a pressure valve stuc7 openalloing radioactive ater to escape from the system for more than B hoursleaving the reactor core partially uncooled
(ore than 0F of the reactor core had melted and fallen to the bottom of thereactor vessel Than7 goodness the molten mass did not burn through thebottom of the reactor to penetrate the ground ater table ampin a cynical version ofthis story the molten mass continues to burn through the interior of the earth untilit emerges in 6hina ampThe 6hina $yndrome
t as not a disaster for the public but the unit as destroyed and the cleanupcost nearly M0 billion
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CDerno6l
April BI 09I reactor number K eploded releasing a huge cloud of radioactive
plutonium cesium and uranium dioide into the atmosphere
Accident occurred during a lopoer test =ecause of the design during loerpoer the ater in the core decreases
To date the number of related deaths is beteen J11101111 They aiteddays even ee7s to admit that it had eploded and they too7 even longer toevacuate the peopleessons earned
bull The possibility of disaster might be very small but it is not zero
bull $uch responsibility should never be treated casually
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CHAPTER 8 Product Safet$7 ltualit$ and ia1ilit$
NE$LI$ENCE AN LIAILIT
Engineers are liable for negligent incompetent or careless acts that result indamages to others including the employer
Engineers are required to use reasonable care established practices and elltested engineering principles
Nelience an act or omission that constitutes a failure to maintain thestandards that a reasonable and prudent practitioner ould maintain in thecircumstances
ITH A CONTRACT8
bull )egligence incompetence or carelessness may be a basis for a lasuit overbreach of contractlt
bull t is good practice to consider all reasonable ays in hich an agreementmay go rong foresee damages and include clauses that specify bonusesfor good results or limits to liability
ITHOT A CONTRACT8 (driin)
bull (ay result in legal liability based on tort la ampinuries or damages
bull To in a claim under tort la the plaintiff must prove
o that the defendant had a duty of care to the plaintiff
o that the defendant breached that dutyo that the loss or damage as a direct result of the defendant-s breach of
duty
iability insurance is a ise investment t is essential for manufacturers thatemploy engineers because of
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0icarious ia1ilit$ the engineer-s employer is liable for any loss or damagethat results from a tort caused by an employee The engineer is protectedfinancially but not from disciplinary action by the Association
PROCT ARRANTIES
5ARRANT= applies to goods and products
bull Epress 5arranties promises that the product has a certain quality or itill perform for a certain period of time
bull Implied 5arranties unstated promises that eist as a matter of common
sense A certain amount of quality or function that is epectedltSTRICT LIAILIT
Product defects and consumer safety the focus is on the product itself and noquestions of negligence arise
A manufacturer may be strictly liable for any damage that results from the use ofhis product even though the manufacturer as not negligent in producing it
G)ARANTEE applies to services and agreements
AICE TO ESI$N EN$INEERS TO AOI PROCT LIAILITIES
bull Formal esin Re4ieamps conceptual feasibility and finalbull Codes and Standards adhere to all government industry and company
standards and codesbull Stateofteart esin Metods ma7e choices that lean toard safety
bull Formal Haard Anal$sis identify hazards try to prevent or eliminate actionplan remedial action
bull Formal Failure Anal$sis 3ailure (odes and Effects Analysis amp3(EA and3ault Tree Analysis amp3TA
bull esin Records 2eep good design records to shoe planning for safety
AICE TO MANFACTRERS
bull ltualit$ Assurance and Testin $ 111
bull Instruction7 5arnin and aner Sins f dangers do eist plan forproper signs to give arnings of danger
bull Instruction Manuals Any product that is dangerous should come ith aservice or instruction manual
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bull 5arranties7 isclaimers and oter Pu1lised Material evie allinformation ith the design engineer and by a products liability layer
bull Consumer Complaints nvestigate claims quic7ly to fi problems early
bull Customer Records gtave good records in case of a recall
OTAININ$ CANAIAN STANARS
6hec7 ith the $tandards 6ouncil of 6anada amp$66 They promote efficient andeffective standardization in 6anada
The $66 manages the )ational $tandards $ystem amp)$$ The )$$ ritestandards certify products test products and register quality systems ofcompanies amp$ 111
The $66 coordinates the 6anadian contribution to $ ampnternational
rganization for standards and E6 ampnternational Electrotechnical 6ommission
ISO === 7 QALIT MANA$EMENT AN QALIT ASSRANCESTANARS
t is a standard for effective management of a manufacturing corporation in orderto maimize the quality of the manufactured products
A 7ey part of the process involves the development of a ualit 3anual thatdocuments the four 7ey aspects of the certification process
bull quality policies for every aspect of the corporation-s operationsbull quality assurance procedures
bull quality process procedures
bull quality proof
ISO 3=== 7 ENIRONMENTAL MANA$EMENT SSTEMS
The process requires the company to eamine every function of its operationsith the goal of identifying activities ith a significant environmental impact andcommitting the company to preventing pollution in all of its many forms
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CHAPTER 8gt isciplinar$ Poampers and Procedures
EFINITION OF PROFESSIONAL MISCONCT
Each Association has the poer to prosecute people ho unlafully practiceprofessional engineering and to discipline licensed engineers ho are guilty ofprofessional misconduct or incompetence
The provincial Acts typically identify I causes for disciplinary action
bull Professional Misconduct Any conduct detrimental to the best interestsof the public or that harms or tends to harm the standing of the profession
generally as unprofessional conduct ampor an act that ould reasonably beregarded as unprofessional
bull Incompetence a lac7 of 7noledge s7ill udgment or disregard for theelfare of the public that demonstrates the member is unfit to carry out theresponsibilities of a professional engineer
bull Nelience carelessness or carrying out or7 that is belo the acceptedstandard of care or performance
bull reac of te Code of Etics
bull P$sical or Mental Incapacit$ this is included as a definition ofincompetence
bull Con4iction of an Offense isciplinary action against a member ho isguilty of an offense that is relevant to the member-s suitability to practice
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ISCIPLINAR PROCESS
hen a complaint of negligence incompetence or professional misconduct ismade against a licensed professional engineer it sets in motion a Fstageprocess of
bull Gathering nformationbull Evaluating the 6omplaint
bull 6onducting a 3ormal gtearing that enders 4udgment
Stipulated Order A simpler form of disciplinary hearing for less serious casesThe decision of guilt or innocence is decided by one representative and the resulthas no appeal process =oth parties agree to the outcome
f a member or licensee should be found guilty the iscipline 6ommittee can
bull suspend or revo7e your licensebull impose restriction on your license
bull require the member to be counseled or reprimanded
bull ma7e you pay cost of investigation or hearing
bull ma7e you rite eams or ta7e courses
bull impose up to a M01111 fine
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CHAPTER 8 Maintainin Professional Competence
Engineers have the privilege of selfregulation a privilege accompanied by acorresponding duty to maintain competence and avoid professionalobsolescence
The process requires engineers ampand engineering corporations to maintaincompetence by
bull enineerin practice or emplo$ment
bull formal education amp+niversity or Association courses
bull informal education ampshort courses or seminarsbull pu1lications
bull participation in enineerin societies
bull 1encmarin ampcomparing your practices against best practices
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CHAPTER 8 Enineerin Societies
The maor purpose of engineering societies is to encourage research into netheories or methods to collect and classify this ne information and todisseminate it to members so that it can be put to good use
The difference beteen an association and a society is that the Associationregulates professional behavior and the $ocieties disseminate engineeringinformation $o you should be a member of both
$ocieties have been established by groups of engineers hose commoninterests are based on
bull discipline
bull product
bull facility
bull evaluation
bull function
bull environment
bull language
bull geographical area
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THE CONCEPTS OF PROFESSIONALISM
PROFESSION
bull A learned calling ith specialized 7noledge
bull Performs services ith advanced 7noledge s7ill and udgment in hich
the public trusts
bull gtas public obligation and performs services in the general public interest
bull s bound by an ethical code in its relationship ith the public clientsemployees and colleagues
bull Accepts responsibility to regulate professional members and professionalservices provided to clients and the public
Engineering is a profession that is selfo4ernin and has the authority todiscipline members ho fail to comply ith proper standards of practice andconduct
The engineering profession is
bull highly organized
bull minimum standards of admissionbull regulate the activities of their members amps7illed practice and ethical conduct
bull promote the advancement of 7noledge
Professionals depend on the confidence ofbull the client or employer
bull the public
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ECEENCE
A shared commitment ith your peers to strive for ecellence
ETHICS
Ethics deals ith voluntary actions ta7en by an individual ith sufficient7noledge of options available
The COE OF ETHICS shapes the practice in to important aysbull provides a commonest of values hich offers a reliable professional
product to the public
bull professional relationship of trust ith the public is fundamental
APE$$A COE OF ETHICS
Professional Engineers shall recognize that professional ethics is founded uponintegrity competence dignity and devotion to service
8 P En sall old paramount7 te ealt7 safet$ and ampelfare of te pu1lic and en4ironment
bull They have an obligation to report conditions hich present an
immediate threat to safety health elfare or the environment
bull t should first be reported to the professionals involved then to
corporate or regulatory authorities
PEn sall undertae onl$ ampor tat te$ are competent to perform 1$teir trainin and eperience
bull Professional members should ensure to the best of their ability thatstatements on engineering matters attributed to them properly reflecttheir professional opinion
Stampin and Sinin ocuments8
bull Professionals shall only stamp and sign documents that they haveprepared or that have been prepared under their direct supervision andcontrol
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bull hen or7 is prepared by others they shall only stamp and sign afterhaving thoroughly revieed the or7 and accepted responsibility for it
bull Engineers ho apply their seals or stamps to reports plans or otherdocuments are stating that they understand and are in agreement ith
these documents
bull The absence of a seal or stamp does not necessarily indicate that aprofessional member has not revieed the document not does itrelieve the member from professional or legal responsibility if it can beshon that he or she as involved ith the or7
B P En sall conduct temsel4es ampit interit$7 onest$7 fairness ando1ecti4it$ in teir professional acti4ities
bull A client-s or employer-s interests should be held in high regard gtoeverthe folloing duties ta7e precedencelt
o duty to protect public safety
o duty to the professions under the 6ode of Ethics
o duty to act fairly to all parties hen administering a contract on
behalf of a client or employer
bull Professionals should 7eep confidential all information that is acquired inthe course of their professional duties and that concerns the businessaffairs of present or past clientsemployees
gt PEn sall compl$ ampit applica1le statutes7 reulations and 1$laamps inteir professional practice
bull Professionals should maintain adequate 7noledge of the la relating totheir area of practice
bull esponsible n4ironmntal mana+mnt comutr softar anddiscrimination are a fe of the subects covered under this ule
PEn sall upold and enance te onor7 dinit$7 and reputation of teir professions7 and te a1ilit$ to ser4e te pu1lic interest
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bull Advertisements proposals and presentations should be factual clearand dignified
bull A professional should be careful to give due credit to others
bull nly revie the or7 of another professional hen they have beeninformed unless there is a confidentiality agreement to the client
bull gtelp ET-s
APE$$A COE OF ETHICS
0 P Eng shall hold paramount the DealtD safet6 and elfare of tDe pulic and enironment
B PEng shall underta7e only or tDat tDe6 are competent to perform bytheir training and eperience
F P Eng shall conduct themselves ith interit6 Donest6 fairness and
oGectiit6 in their professional activities
K PEng shall compl6 itD applicale statutes reulations and 62las intheir professional practice
H PEng shall uphold and enhance the Donor dinit6 and reputation of their professions and the ability to sere tDe pulic interest
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COPRI$HTS
9RiDt to cop6
nly the oner of the or7 is alloed to reproduce the or7 or permit others tocopy it
Plaiarism is copying someone else-s or7 and claiming it as your on
Fair ealin +se or reproduction of or7 for private study research criticismrevie or nes reporting
Cop6riDts appl6 to8bull iterar$ ampors boo7s poems pamphlets computer programs
bull ramatic ampors films videos plays scripts
bull Musical ampors compositions ampords and music
bull Artistic ampors paintings draings maps photos sculptures architects
Also to8bull Performer(s performances actors musicians dancers
bull Communication Sinals broadcasters
bull Sound Recordins
6opyright is restricted to the epression in a fied manner amptet recordingdraing of an ideaL it does not etend to the idea itself
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3acts ideas and nes are all considered public property
6opyright does apply tobull $ong
bull )ovel
bull Playbull (agazine article
bull 6omputer program
bull ideo 6assettes (ovies
6opyright does NOT apply tobull $ong titlebull Plot ideabull Play of gtamletbull 3acts in an articlebull )ame of a computer programbull (a7ing a copy of a musical tape amproyalties have been paid already
bull 6opies for educational institutions ampcan 7eep radio and nes tapes for 0 year
bull )onprofit libraries archives and museumshen you create a or7 you automatically have copyright protection providedthat at the time of creation you ere a 6anadian 6itizen or a resident in a countrythat participates in 6opyright rules
Autorsip The person that creates the or7
Oampnersip f you are the creator of the or7 you on the copyright f you
create a or7 hile employed the copyright belongs to the employer ou canlegally transfer your rights to someone else then they on the copyright
uration 6opyright ampintellectual property lasts for the life of the author N H1years
Moral Rits Even if you sell your copyright you still retain moral rightsltThis means that no one including the person ho ons the copyright candistort mutilate or modify your or7 ampchange the ending use for a commercial etc
(oral rights eist for the same length as the copyrightou cannot sell or transfer your moral rights but you can aive them
RE$ISTRATION OF A COPRI$HT
ou do not have to register a copyright to have protection in 6anada
f you choose to register ith the copyright office you receive a certificate hichcan be used to your advantage if your or7 is infringed t is evidence that it is
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your or7 and you are the oner n a dispute you do not have to proveonership
ou send the application to the 6opyright office and you do not send your or7in ou may need to send a copy to the )ational ibrary of 6anada but the
6opyright office doesn-t revie your or7 at all
There is no requirement to mar7 your or7 under the 6opyright Act ou canmar7 it li7e this
)ame ear copy e 4ane oe 09I copy
ou can use this format even if you have not registered your or7
The 6opyright ffice is not responsible for ensuring that your copyright is notbeing infringedCCthis is your ob ou have to launch legal action yourself and
the courts are left to decide
Assinment As the oner you may decide i4e up part or all of $our rits toanother party The assignment may be for the hole term or for ust a certainpart of the term
icense ou as the oner give someone else permission to use your or7 forcertain purposes and under certain conditions but you still retain onership oudo not i4e up $our rits
Ro$alties (oney paid to the copyright oner as commission for sales of theiror7 or permission to use them
Tariffs $et fees that users must pay for using certain copyright material
Collecti4es an organization that collects royalties on behalf of its members
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TRAEMARampS
A trade2mar is a ord symbol or design to distinguish the products or servicesof an organization or person from others t can also represent a reputation
Ordinar$ Mars ords or symbols that distinguish your product or service ampe Giddy+p
Certification Mars identify ares or services that meet a defined standardThey are oned by one person but licensed to others to identify ares orservices hich meet a defined standard ampe oolmar7 APEGGA seal
istinuisin uise identifies the unique shape of a product or its pac7ageampe eggs Egg
A trade name is the name under hich you conduct your business The tradename can be registered under the Trade(ar7s Act only if it is also used as aTrademar7 ampto identify products or services
RE$ISTERIN$ A TRAE2MARamp
The Reistered Trade2Mar is one that is entered on the Trademar7s registerou are not required to register your trademar7 if you use it for a certain lengthof time you can establish onership by 6ommon a
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bull egistration of your trademar7 gives you the eclusive right to use the mar7across Canada for 8 $ears then you have to rene it
bull t is recommended that you register your Trade(ar7 in case someone elsetries to use it
bull f you fail to use the mar7 for an etended period your registration may becancelled
bull ou can register a trademar7 by filing an application for registration ith theTrademar7s ffice our trade2mar must e used in Canada efore itcan e reistered+
RE$ISTRATION QALIFICATIONS
bull 6annot be primarily your full name or surname ampunless you can prove it is already
identified
bull ou may not register a ord that clearly describes a feature of the product orservice ampseet uicy
bull The ord cannot be clearly misleading ampdeceptively misdescriptive ampe sugarseet if it has no sugar
bull ou may not register a ord that clearly designates the place of origin of theproduct or service or if it misleads the public into thin7ing that the productcomes from there ampParis 3ashions Atlantic 6od but you can use )orth Pole =ananasbecause no one ould epect them to come from there
bull ou can use a disclaimer statement indicating that you are not claimingeclusive rights for certain ords appearing in the trademar7 n this ayyou can use clearly descriptive ords hich are unregisterable on their onampce 6ream in =ob-s ce 6ream
bull )ames of products in other languages cannot be registered ampurstlt is Germanfor sausage
bull 6annot be registered if it consists or a plant variety denomination
bull ou cannot use ords symbols sounds or ideas that are confusingly similar
to a registered trademar7 or a pending mar7 amp2ing og 3ood and 2ing 6at 3oodould be refused
bull ou cannot register a trademar7 that resembles certain official symbolsunless you have the consent of the authority in question
o fficial government symbols
o 3amily coats of arms
o =adges and crests or 6(P
o Emblems and names of ed 6ross or +)
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o 3lags of other countries
o $ymbols of provinces
=efore you try to register your trademar7 do a search and include trade namesas ell
After you have a registered trademar7 to 7eep it you mustLbull Pay the registration fees every 0H years
bull +se the trademar7 in 6anada or it ill be epunged
Assinment to sell or transfer your rights to a trademar7 to another party
Marin ReDuirements The Trade(ar7s Act does )T have anyrequirements but many oners indicate their registration through the folloingmar7s
983214 O registered trademar7
991522 O trademar7$( O service mar7
The Trade(ar7 ffice ill prevent anyone else from registering your trademar7but it is your responsibility to monitor the mar7etplace and ta7e legal action ifsomeone is using your trademar7
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PATENTS
A patent is
bull A document protecting the rights of the inventor
bull A repository of useful technical information for the public
The idea is to promote the sharing of technological information hile giving you amonopoly on your creation
ith a patent the government gives the inventor the right to eclude others fromma7ing or selling your invention
The invention is protected from the day the patent is granted to a maimum of =6ears after the day you filed your application
The Patent ffice then epects you to provide a full description of your inventionso that all 6anadians can benefit from this technology They allo your
application to be open gt montDs from the filing date during the con4ention priorit$ date
Patent applications are made pulic gt montDs after the 6anadian 3iling ate
ou must obtain a valid patent ithin 8 $ear of main te product pu1lic
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A 6anadian patent is only etended throughout 6anada ou must apply forpatent rights in other countries separately
t is important to 7eep your invention secret until your first patent application isfiled in order to preserve your rights to file later in most foreign countries
3or an invention to be patented it must be
bull NO0ET= 3irst in the orld
bull )TIIT= 3unctional and operative
bull INGEN)IT= $ho inventive ingenuity and not be obvious to someones7illed in that area
The folloing items are patentable
bull Product ampdoor loc7
bull A composition ampchemical composition li7e lubricant
bull An apparatus ampmachine to ma7e door loc7s
bull A process ampmethod
bull An improvement on any of these
The idea alone is not patentable t must be reduced to something physical
ou CANNOT patentbull A scientific principle
bull An abstract theorem
bull An idea
bull A method of doing businessbull A computer program
bull A medical treatmentn 6anada patents are given to the first inventor to file an application
f you invent something hile or7ing for an employer on the employer-s timeith the employer-s materials at the epense of the employer the inventionrights still belong to you unless you have been hired by the company to inventpatentable inventions
PATENT APPLICATION
+ $et a Patent Aent
+ Preliminar6 SearcD
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bull ou can do a preliminary search in the online database or visit the Patentffice in person
0+ Preparin tDe Patent Application
bull A patent application must consist ofo a1stract ampbrief description
o specification ampclaims and boundaries of protection
o draampins
3+ File 6our Application4+ Reuest eBamination5+ EBaminer does searcD and approes or oGects+lt+ Respond to an6 oGectionsgt+ Patent ranted or oGected+
CONENTION PRIORIT
(any countries belong to the Paris 6onvention for the Protection of ndustrialProperty
This treaty allos you to invo7e convention prioritylt hich means that your filingdate in one member country ill be recognized by all others provided you file inthose countries ithin the first year
ampe if you file in 6anada in 4anuary B111 you could file up to one year later in most countriesamp4anuary B110 and still receive the same rights as if you filed in B111
PATENT COOPERATION TREAT (PCT)
t provides a standardized international filing procedure for foreign patents hichis shared by our principal trading partners including the +$ 4apan and mostEuropean countriesou may file for a patent in as many as 01I member countries through a singleapplication filed in 6anada
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INSTRIAL ESI$N
An Industrial esin is the features of shape configuration pattern or ornamentapplied to a finished article made by hand tool or machine ampappealing to the eye
There is no time limit for filing an application as long as the design has neverbeen published ampmade public to anyone
ou must file ithin 6ear of going public ith your design or you ill lose youreclusive rights to the design
The advantage of registering your industrial design is that it gives you eclusive
right to your design for up to = 6ears from tDe date of reistration
+nless you register your design you can ma7e no legal claim of onership andhave no legal protection from imitation
nly the proprietor ampcreator of the design may obtain registration unless youhave been hired to develop a design Then the hirer is the proprietor
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Trade Secret industrial 7noho or valuable information acquired by abusiness t could be a
bull formula
bull pattern
bull device
bull compilation of info used to give you an advantage over the competitors
ou cannot registerbull That don-t have visual appeal
bull 3eatures that are hidden from vie or too small to appeal to the eye
bull A method of construction
bull An idea
bull (aterials used in construction
bull 3unction of an article
bull 6olor
ESI$N RE$ISTRATION
The application ill includebull Application forms ampdescription
bull At least one draing or photograph
bull 3ees
The process ill include
bull nitial processing
bull Eamination
bull egistration
ou do not have to mar7 your design in order to indicate that it is registered butmar7ing it gives you etra protection
As proprietor you may ta7e legal action against anyone ho infringes on yourdesign in 6anada but you must ta7e action ithin F years of the incident
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An 9assinment occurs hen you sell all or part of your rights in the designpermanently to another party
ou can 9license another user to allo someone else to use your design but
you still retain onership
To have your design protected in other countries you must apply separately ineach country
ou have 5 montDs to file for 9conention priorit6+ampe you apply to register in 6anada in 4anuary B111 then you have until 4uly B111 to file in other 6onvention countries and receive the same rights as if it ere 4anuary B111
LA FOR PROFESSIONAL EN$INEERS OOamp
CHAPTER 8 Te Canadian eal S$stem
The legal system of 6anada is based on the English common2lalt system andthe English courts of euit6lt system ampudgemade la and is calledCOMMON2LAlt
The 3ederal 6ourt of 6anada has urisdiction over federal matters such aspatents trademar7s and copyrights
Pu1lic aamp deals ith the rights and obligations of government ampcriminal and6onstitutional la
Pri4ate aamp deals ith the rights and obligations of individuals or private organizations ampCONTRACT AN TORT LA
Termsbull itigation lasuit
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bull Plaintiff party bringing the actionbull efendant party defending the actionbull Appellant party appealing the decisionbull espondent party see7ing to uphold a decisionbull Privity of contract legal relationship beteen parties to a contract
bull 6reditor party to hom an amount is oingbull ebtor party that oes an amount to creditor bull $uarantee A guarantees = the debt of 6omp amphen = doesn-t get paid
= goes to 6omp first then to A
bull Indemnification a promise to directly compensate or reimburseanother party for a loss or cost incurred f Aindemnifies = the debt of 6omp amphen = doesn-t get paid =goes directly to A
CHAPTER usiness Oraniations
Sole Proprietorsip an individual carries on business by and for himself andalso enoys the profits and incurs any losses personally
Partnersip an association of persons ho conduct business in common ith avie to profit ndividuals or organizations share profits and losses
Corporation an entity unto itself distinct from its oners ampfictitious personThe corporation itself ons its assets and incurs its on liabilities
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CHAPTER B International Considerations
t is etremely important to obtain advice from an appropriately eperiencedlayer in the foreign country or have the advice of a consultant in that countryt is ise to purchase political ris7 insurance and to use careful udgment together ith a local influential partner
$ome potential ris7s of or7ing internationally are
bull Political Ris is one of the more obvious ris7 factors in or7inginternationally The 6hanges in government can lead to significant policychanges
bull Licensin reuirements and obtaining necessary permits and approvalsin a foreign country under different legal systems can be timeconsuming
bull Financial Riss due to currency echange and controls or restrictions onthe transfer of funds out of the country
bull Contract documents and forms used on proects may be different
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CHAPTER gt Tort ia1ilit$
Tort8 generally refers to a private or civil rong or inury one that involvesnegligence and that may arise independently of contract ampcar driver and victim
amphich includes financial loss hen based on a professional-s opinion
The fundamental purpose of tort la is to compensate ictims of tortsPunishment of negligent rongdoers IS NOT a purpose of tort la
Professional liability insurance should provide protection if an engineer-snegligence results in damage arising in tort
n order to satisfy the courts that compensation should be made the plaintiff in atort action must prove that
bull The defendant oed the plaintiff a duty of care
bull The defendant breached that duty by his conduct
bull The defendant-s conduct caused the inury to the plaintiff
f any 0 of these F aspects is not proven to the satisfaction of the courts theplaintiff ill not in
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A significant factor in a tort action is the establishment of the standard of carerequired of the defendant
The standard is applied based on the premise that engineers have a duty to use
the reasonable care and s7ill of engineers of ordinary competence Thereasonable carelt is measured by applicable professional standards of theengineering profession at the time the services ere performed
Strict ia1ilit$ manufacturers and employers are held strictly liable hen faultis not necessary if compensation is to be provided ampnot yet upheld in 6anadaampe All employees ma7e contributions on behalf of employees and if someone is inuredcompensation is provided ith no finding of faultampe A manufacturer may be strictl6 lialelt if for any damages that result from the use of theirproduct
0icarious ia1ilit$ The employer is responsible for damaged caused by its
employees The employer provides compensation because it is presumed thatthe employer is in a better financial position than the employee
Concurrent Tortfeasors hen more than one party is liable in a tort actionThe defendant-s together are called concurrent tortfeasors
Products ia1ilit$ The plaintiff must be able to establish that damage hasclearly resulted from appropriate use of a product and the defendantmanufacturer must then persuade the court that at the time the manufacturercould not have foreseen the defective nature of the goods manufactured6anada has not yet ta7en a strict liability approach on products as the +$ has
Products liability has developed through principles of both contract la and tortla The tort concept of fault has been applied and implied contractualarranties that the product is effective and the contract of a sale must also eist
n productsliability matters economic losses ampin the absence of physical inurymay in some circumstances be recoverable
Standards of Care and ut$ to 5arn A manufacturer must arn theconsumer of any dangerous potential of the product by appropriate labeling
Oter Tortsbull Tort of defamation8 ampif the statements that damage the reputation are true there is
no liability
o ibel D in riting
o $lander D verbal
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bull Occupiers Liailit68 The occupier of a property must eercise therequired standard of care to ensure the safety of individuals coming ontothat property
bull Tort of Nuisance8 esigned to alleviate undue interference ith the
comfortable and convenient enoyment of the plaintiff-s landampe insecticide spray drifting onto other land
CHAPTER Proof
The burden of proof is on the plaintiff to prove the case against the defendant
Engineers often find themselves ma7ing appearances as eBpert itnesses incourt
The epert is permitted to epress opinions ith respect to his or her area ofepertise and the itness should be cautious and restrict testimony to such
area
ou ill be hired by one side and crosseamined by counsel from the otherparty
Preparation is of the utmost importance in litigation The epert itness shouldclearly understand the issues in the lasuit and be aare of the scope ofquestions that can be reasonably epected
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CHAPTER 28 Contracts
3or a contract to be binding and enforceable the folloing elements must bepresent
bull An offer made and accepted
bull (utual intent to enter into the contract
bull 6onsideration or offer ampan echange of promises each promise representing
something of valueCpayment of money is not essential
bull 6apacity to contract ampcan-t be a minor drun7 or crazyCenforceable by the drun7 if
the other party 7ne they ere intoicatedbull aful purpose 6ontract on-t be enforced if it is unlaful
An offer is a promise made by one person to another
)ot all contracts are in riting
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+ntil it is accepted the offer may be ithdran by the offeror unless it is madeepressly irrevocable by its terms
Irre4oca1le Offers =idders submit offers or tenders that have been madeirrevocable for a specific period of time At any point during that period the offer
may be accepted and a contract ill be formed
Option Contract This contract is another means of 7eeping an offer open for acertain period of timeampe The party purchasing the option may ant do eploration or7 for a period of time beforedeciding to spend a large sum of money on the property
EDuita1le Estoppel A udge can stoplt the strict terms of a contract from beingfolloed if it is proven that the terms had changed outside of the agreementampoften used hen etensions to deadlines are agreed upon and then the person tried to go bac7to the original ritten contract
Pursuant to contract la consideration ampor a seal must be present in order toma7e a change to a contract enforceable D otherise it is ust a promise not laThe courts protect the person in the situation here a promise is ta7en as fullagreement
Statute of Frauds Ensures that certain types of contracts must be in riting tobe enforceable
Rectification This order can be applied for to rectify a contract because of asecretarial or recording mista7e
)nilateral Mistae A mista7e made by only one party to a contract 6ourts illdecide hether a contractor ill be relieved of their mista7e
CHAPTER 8 Tenderin Issues Contract A
a of tendering in 6anada gives the principle that there are B separatecontracts that arise in the tendering process
0 Contract A D the contract of irrevocability ampthat deals ith the tenderingphase
B Contract D the construction contract ampapplies to the construction phase
The number of number of tenders submitted is the number of 6ontract A-s thatare formed
The original tender pac7age contents cannot be changed ithout notifyingeveryone or you are in =reach of 6ontract A
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CHAPTER 82 Contract Interpretation
Parties to a contract sometimes dispute the meaning of part of the contract Todifferent approaches can be ta7en hen interpreting contracts
bull i1eral Approac ta7es into account the intent of the parties and maylead to speculation on that intent
bull Strict Approac focuses on the precise ords in the agreement andmay rely on dictionary meanings
Contra Preferentem hen a contract is ambiguous or unclear it ill beinterpreted against the person that rote it up
Parol E4idence Rule hen verbal agreements outside of the ritten contractare included as rule in a contract n most cases if a condition is agreed uponverbally but is not included in the contract then the condition is not part of thecontract
Implied Terms hen the inclusion of obvious terms of a contract have beenoverloo7ed here it is reasonable implied terms may eist in a contract
CHAPTER 83 iscare of Contracts
There are several ays to discharge a contract
bull Performance hen all parties have completed their respectiveobligations the contract is at an end
bull Areement to iscare Parties in a contract are alays free to amend
the contract or agree to cancel or terminate the contract upon mutuallyagreed terms
bull iscare Pursuant to Epress Terms t is advised to include in acontract terms here all parties may terminate the contract if certainoutside events ere to occur ampe ban7ruptcy
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bull iscare 1$ Frustration hen changing unforeseeablecircumstances occur that may radically change the obligations of theparties
o Force Maeure Provides that the time for completion ill beetended in the event of ar riot flood labor dispute or other
events that are beyond the control of both parties
bull iscare 1$ reac of Contract ne party fail to perform obligations
o iscare 1$ Repudiation hen the party to a contract
epressly tells the other party that they have no intention ofperforming contractual obligations
CHAPTER 86 reac of Contract
f a party to a contract fails to perform obligations specified in the contract thenthat party has breached the contract
The innocent party is entitled to certain remedies depending on the nature of thebreach and the terms of the contract
Condition an obligation that is essential or vital to the contract5arrant$ an obligation that is NOT essential or vital to the contract
A =reach of 6ontract is a cause for discharge only if its effect is to render itpurposeless for the innocent party to proceed further ith performance
Repudiation hen the party to a contract epressly tells the other party thatthey have no intention of performing contractual obligations
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REMIIES
A nondefaulting party is entitled to damages for losses incurred as a result of abreach of contract
irect amaes Actual calculated difference in the cost of having to chooseone service over the other ampthe loest bid is chosen and then they refuse to do the or7so the second loest bid is chosen and the party sues for the monetary difference beteen theloest and second loest bid
Indirect amaes Are consequential to the breach and might include damagesfor lost profits or damages incurred if the contract is not fulfilled
iDuidated amaes Are preestimated damages if certain events ere tooccur that are ritten into the contract under a Penalty 6lause
ltuantum Meruit hen services have been requested and performed but nooutside agreement as reached beteen the parties as to hat payment ouldbe provided in return for the services then the courts can aard the person ithas much as is reasonably deservedlt for time spent and materials supplied
Su1stantial Compliance hen a contractor has substantially complied iththe terms of a contract yet failed to comply ith some minor aspect of thecontract The contractor ill be paid the contract price minus the cost ofdamages caused by the minor problems
Specific Performance hen the courts require a party to perform a contractual
obligation li7e the sale of land or a personal item
Inunction A court order that prohibits or restrains a party from performing anactCHAPTER 9 Fundamental reac
Applies to a contract that contains an eemption clause amphere parties limit theirliability if a breach of contract results and ma7es the eemption ineffective
CHAPTER 8 Areement etampeen Client and Enineer
A contract beteen a client and an engineer must include all of the essentialcontract elements
The document ill not specify the degree of care that is required of the engineerin carrying out the services =ut the engineer is liable for incompetence
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carelessness or negligence that results in damages to the client and for notperforming ith an ordinary and reasonable degree of care and s7ill
CHAPTER Concurrent ia1ilit$ in Tort and Contract
+nless otherise stated in a contract the standard of care epected of anengineer doing a ob is the same standard of care by hich an engineer-sperformance is measured in tort
3or a breach of contract there is a limitation period of I years from date of thebreach in hich to press charges instead of hen it is discovered
n tort the limitation period in hich to press charges starts hen the damagesare first detected
CHAPTER 3 Ar1itration and AR
A lasuit is not alays the best ay to resolve a dispute beteen contractingparties especially technical disputes
Ar1itration or Alternati4e ispute Resolution +AR- t is less costly and lesspublic than litigation
An engineer that is an arbitrator is epected to act impartially and independentlyof the parties to the dispute
The Arbitration Act deals ith the appointment of an arbitrator and sets out astructure or set of rules to govern the conduct of an arbitration unless the partiesagree that some other structure or rules ill apply
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The Act also gives arbitrators the urisdiction to aard preudgment and post udgment interests ust li7e the courts have under the 6ourts of 4ustice Act
Partnerin intended to respond to the need for improved attitudes amongstindustry participants to the importance of teamor7 on proects
This cooperative attitude should assist in resolving proect disputes at an earlystage
) TGAT) and A=TAT) result in a 4+G(E)T TgtAT $=))G
Proect Neutral (proGect manaement oerie) The companies appoint a
proect neutral usually an independent professional eperienced in the industryto be aare of developments on the proect ith a vie to offering unbiasedadvice and decisions
Mediation esolving disputes through the negotiating process involving amediator ho is to provide guidance and to facilitate the settlement process agobeteenlt in communicating proposed settlements
There is no udgmentL the parties need to or7 out their differences
CHAPTER BB Industrial Propert$
Industrial Propert$ Rits ights that generally relate to patents trademar7scopyrights and industrial design
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CHAPTER 3 Etical Pro1lems of Enineers in Manaement
bull )nlicensed Personnel using them to carry out professional engineeringor7
bull Misuse of Enineerin Title
bull Re4ieampin 5or and E4aluatin Competence engineers should notunderta7e or be assigned or7 that is not ithin the competence level of theengineer
bull 5or Re4ieamped for Accurac$ engineers have other engineers chec7 theiror7 only ith their 7noledge
bull 5or Re4ieamp to Assess Competence engineers have revies as long asthey are informed that it is happening
bull iscrimination in Enineerin Emplo$ment
Computer Pro1lems security infringement of copyrights incorrecttransmission errors and bugs softare piracy
ETHICAL PROLEMS OF MANA$EMENT (CASE STIES)
+ NLICENSE EN$INEER PRACTISIN$ IN A NE PROINCE---
f you have a valid license from another province you need to apply for a neone right aay in the ne province ithout a valid license in the province youare or7ing in your or7 should be supervised by another engineer
+ OFFENSIE LAN$A$E TO THE P AT THE COMPAN PICNIC---
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ou can-t fire someone for an alternation at a social event There must be arecord of continual insolence and insubordination ou should refuse to fire himin riting and give him a reprimand instead
0+ CONFLICT OF INTEREST---
ou are on a committee that is deciding to revise specifications These revisionsill help out your company and the committee chair-s company but ill ma7e ithard on competitorsou must tell the committee of the conflict of interest
3+ ERRORS IN EN$INEERIN$ PLANS OR SPECS+---
ou notice errors in design hen your role is supposed to be in manufacturing
ou should phone the client and tell him about it and then follo up ith a letterand then proceed ith the fabrication after you get ritten conformation from theclient f the errors may cause harm to the public you must report it
4+ ampEEP PRELIMINAR ATA SECRET NTIL AFTER SHAREHOLERSMEETIN$---
t is ethical to 7eep preliminar6 results secret until the final results are 7non forcertainty
5+ ACCONTAILIT IN A NE O HERE PREIOS MANA$EMENTHAS TAampEN NO ACTION AN NO O ARE ACCONTALE
ou are alays responsible to act ith professional integrity and high ideals
bull 3irst tell the person ho is committing the misconduct nclude thebenefits of dealing ith the situations and the consequences of notdealing
bull Then suggest that together you discuss the matter ith senior
management or the Associationbull 3inally if you have no choice go alone to senior management or get
advice from the Association
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CHAPTER 6 Etical Pro1lems of Enineers in Pri4ate Practice
THE CLIENT 7 CONSLTANT RELATIONSHIP8
The consultant ampengineer is usually hired to monitor an engineering proect li7ethe construction of something This creates a relationship beteen the
contractor ampdesigner or builder the consultant ampengineer and the client amponer
Independent Model The client eplains the problem and hands all decisionma7ing over to the consultant =ad because the client can-t ma7e any choices
alanced Model The consultant ma7es recommendations and provides theengineering advice but the client chooses the path to follo This is the middle of the spectrum
Aent Model The consultant ta7es orders from the client This doesn-t use anyof the engineer-s 7noledge
AERTISIN$ EN$INEERIN$ SERICES
Engineers can only advertise through factual representation ithouteaggerationlt
ou cannot use the engineer-s seal or association-s seal in any form ofadvertising
SE OF THE EN$INEERS SEAL
The Act requires that all final draings specifications plans reports and otherdocuments involving the practice of professional engineering must be datedsigned and sealed
t is not optional to use the seal
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(ost documents state that they ere prepared or ceced and appro4ed bythe person ho sealed them
The seal is legal because it indicates that the person accepts responsibility forthe accuracy of the documents and implies that the person has a thorough
7noledge of the proect to hich the documents relate
o not seal anything that you are not illing to accept full responsibility for
9CHECampIN$ EN$INEERIN$ OCMENTS
Ceced the documents ere prepared by someone under the directsupervision of the person ho signed and sealed them
ou can seal the or7 of others ampnot under direct supervision provided that you
thoroughly revie the or7 and are illing to accept full responsibility
o not assume responsibility for or7 that is beyond your area of epertise or for or7 that you have not thoroughly revieed for accuracy
PREPARATION AN APPROAL
f one engineer prepared the draing and another engineer must approve itthen 1ot seals should appear on it therise only the approving engineershould seal it
f final draings cover more than one discipline then they should be sealed bythe approving engineer ampchief and by the design engineer for each discipline
ETAILE RAIN$S
The engineer generally has responsibility for a proect as a hole and theengineer-s seal must appear on maor reports specifications or draings thatdescribe the proect ou are not epected to seal every draing but they allmust be prepared under the engineer-s control and supervision and you assume
responsibility for all of them hether they are sealed or not
MASTERS AN PRINTS
The master draings must be complete since they are the maor reference fordesign and construction fabrication
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The time to seal a draing is hen it is approved and released for fabrication orconstruction
ou seal te copies7 not te master That ay the prints can be chec7ed formodifications hen sealed
ETHICAL ISSES
Confidentialit$ The engineer has a clear obligation under the code of ethicsto 7eep affairs of the client confidential
Conflict of Interest here the engineer has an interest that interferes ith the
service oed to the client The engineer must disclose any personal interestthat there may be
Re4ieampin te 5or of Anoter Enineer The engineer should be informed hen his or7 is being revieed but it is not necessary to receive permission todo so The elfare of the client or the general public must come before thepersonal ishes of the engineer
Supplantin 6onvincing the client to fire their engineer and hire you instead isunethical
reac of Contract ampcivil liability a failure to complete the obligations specifiedin a contract ou can get protection for this ampliability insurance
Nelience ampcivil liability a failure to eercise due care in the performance ofengineering There is NO protection for this
ETHICAL PROLEMS OF EN$INEERS IN PRIATE PRACTICE (CASESTIES)
+ ORampIN$ AN OTIN$ ON PLANS FOR A STREET-----
ou cannot vote on hether a proect should be accepted if you are involved inbidding on the proect ou must disclose your involvement and abstain fromvoting and participating in the decision ma7ing process
+ ENORSIN$ A PROCT ON T---
t is seen as unprofessional and a conflict of interest
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0+ LE$AL SETTLEMENT AN EIN$ PAI ON THE OTCOME---
As an epert itness you are giving your professional opinions The amount youma7e ampcontingency ill be dependent upon the outcome of the case Getting
paid this ay is a conflict of interest since there is personal benefit based on theoutcome ou should accept a flat rate fee
3+ ORI$INAL SEALE RAIN$S CHAN$E INSPECTION---
ou don-t sign and seal the originalConly the copies so that modifications areevident f the proect isn-t to original specifications the calculations must bedone from scratch and nothing is to be done until they are complete
4+ RECIN$ OR FEE IF THE OECT HAS ALREA EENESI$NE FOR SOMEONE ELSE EFORE---
Establishing fair and reasonable fees depends on
bull evel of 7noledge and qualifications required
bull ifficulty and scope of the assignment
bull esponsibility that the engineer must assume
bull +rgency ith hich the or7 must be completed
bull Time required
ou should not loer your price to produce a similar design for 6lient = but if
6lient A anted a second building that as the same as the first then a smalldeal could be made
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CHAPTER 89 Te Enineer(s ut$ to Societ$ and te En4ironment
T TO SOCIET8
ou must put the greater good of society ahead of personal gain
The to environmental problems that have accompanied the industrialization ofour society
bull Proliferation of MacineMade Haards +sing highays aircraftnuclear poer toic chemicals more often ma7e it more dangerous
bull eradation of te En4ironment The lifestyle of industrialized nations
requires a high energy usage to maintain it The consumption of fossilfuels and the careless disposal of aste has deteriorated the environment
o 5aste isposal
o Air Pollution SO2 ndash from coal combustion (London) NO x ndash cars (LA) CO
Photochmical oxidants (sun) oon PAN Proxactl
nitrat
o Acid Rain
$amp harmful to fish at amp
o 5ater Pollution
isascausin+ bactria
Or+anic ast dcain+ in th atr
-rtilirs
oxic matrials ( PC) Acidification
0ast hat
A+ricultur ndash ind carris sticids salt frtilirs and
nitro+n to th atr
o Glo1al 5armin and Oone epletion +Greenouse Effect-
CO2 C$ NO2 O1 Chlorofluorocarbons
o Ener$ Conser4ation and Nuclear Poamper
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o Eponential Population Groampt
The good of society is determined on a utilitarian basis D creating the maimumgood for the maimum number of people
=efore reporting an incident to the Association
bull Informal Resolution 3irst the engineer should try to resolve problemsinformally and internally in an open and professional manner
bull Confidentialit$ f it is necessary to report a situation never report it to thepublic or media Alays report it to the Association or proper regulatory body
bull Retaliation ou cannot be fired for reporting a situation ou can file alasuit to recover lost ages and costs
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CHAPTER 88 Enineerin Case Histories
+ THE QEEC RI$E ISASTER
pened in 00 the longest cantilever span in the orld
=ridge as redesigned ith a larger span and the dead eight calculations erenot redone
Then there as a material failure in a bearing casting that temporarily supportedthe central span hile it as being transported and lifted into place
essons earnedbull ou have to have enough money to pay all the people to do their obs
properly for large proects before you start them amp(r 6ooper as not paid nearlyenough to do the etra or7 to redesign nor as he really competent
bull gtire capable competent professionals ampnot old or sic7 that can-t visit the construction site
bull 6learly define duties authorization and responsibility of professionalpersonnel
bull iscuss all design decisions and technical problems openly and listenreceptively amp3or F ee7s the chief engineer tried to contact 6ooper about the strangebending of some steel parts and recommended some changes be madeC6ooper didn-tlisten
bull evie details especially engineering design calculations amp6ooper did not redothe calculations for dead eight after he changed the length of the structure
bull (onitor or7 on the site adequately amp6ooper as too old and sic7 to monitor any ofthe building or fabrication
bull
Ensure that communication is rapid and accurate ampt too7 F ee7s for the chiefengineer to reach 6ooper ith his concerns
bull Provide adequate support staff for good money
+ THE ANCOER SECON NARROS RI$E ISASTER
4une 0H9 to spans of the cantilever bridge collapsed
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t as caused by the faulty design and eventual collapse of a temporary toersupporting the partially completed bridge
The additional time and material needed to reconstruct the damaged portions ofthe bridge
essons earned
bull 6onsulting engineers should recommend alloable stresses for temporaryconstruction support structures
bull The contractor should be required to submit all construction plans andcalculations for approval prior to construction
0+ THE ESTRA MINE ISASTER
(ay th 0B mine ble up and 7illed BI miners
The floor roof and sides of the road should have been cleared and treated ith
stonedust and proper ventilation procedures should have been folloed despitedelayed production
essons earned
bull Production demands resulted in the violation of basic and fundamental safemining practices
bull (anagement ignored or encouraged many hazardous and illegal practicesincluding 0Bhour or7 shifts improper storage of fuel refueling vehiclesunderground using nonflameproof equipment
bull The methane gas from the coal needed to be properly ventilated out of themine
bull Proper permits and changes to the mine plans ere not approved by theproper authorities
bull ritten orders to stonedust and to clean up the mine ere not folloed
3+ THE LO$EPOLE ELL LOOT
ctober 0Jth 0B a sour gas Amoco ell ble out and they could not get itbac7 under control
The initial 7ic7 occurred primarily because drilling practices during the ta7ing ofcores ere not folloed and this combined ith the marginally adequate muddensity used permitted the entry of reservoir fluids into the ellbore
They lost control of the ell and then it started on fire from some (us7eg thatas burning underground
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There ere also some equipment failures that attributed to not being ale tocirculate the 7ic7 out quic7 enough
essons earned
bull Amoco did not apply the necessary degree of caution hile carrying outoperationsbull )eeded to be fully prepared in the event of a fluid influ
4+ THE RE21 MININ$ FRA
The samples had been saltedlt D adding minerals li7e gold here none eist
essons earned
bull The chief geologist had a responsibility to sho due diligence in safeguardingthe core samples and ensuring that the gold assay as properly done Thatthe gold content based on the samples as accurately calculated and thatthe doublechec7s ere made to confirm the results
bull This emphasizes the critical dependence of the mining and resourceindustries on professionals ith high ethical standards
5+ THE CHALLEN$ER SPACE SHTTLE E1PLOSION
n 4anuary B9 09I the accident as caused by hot gases bloing past one ofthe seals in the roc7et boosters The seal had been unable to do its ob properlybecause of the unusually lo temperature in 3lorida on the day of the launch
The manufacturer of the boosters had this information but had decided to goahead ith the launch anyay
essons earned
bull n an enormously large organization it is easy for decision ma7ing to fall
through the crac7s
bull t is very easy for engineers to fall into the comforting belief that they arefolloing a conservative course hen in fact they are deviating intodangerous territory
bull isasters are easy to create D safety comes hard
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lt+ THE C2= PASSEN$ER AIRCRAT ISASTER
n 0JB a cargo door latch failed and the door ble out of a 601 over indsor) and the eplosive decompression of the cargo compartment caused part of
the cabin floor to collapse
This opened a large hole in the bottom of the fuselage and severed most of thehydraulic lines hich caused the loss of control of the rudder and aileronsEveryone landed safely that day
n 0JK another 601 over Paris lost its cargo door The decompression ofthe cargo compartment again caused the cabin floor to collapseL control of theailerons and rudder ere lost and the plane crashed 7illing FKI people
essons earned
bull The 3AA failed in its role of safety atchdog t certified the cargo doordesign in spite of the failure during the ground test Then after the neardisaster over indsor they merely advised the airlines to follo themanufacturer-s service bulletin rather than issuing a directive that ould haverequired all 601-s to be retrofitted
gt+ TO1IC POLLTION8 LOE CANAL MINAMATA HOPAL SR
mproper disposal of toic or environmentally harmful aste
Loe Canal Ne or 7 ioBin
bull n 0HF gtoo7er 6hemical 6orporation dumped over 09111 tons of chemicalaste including dioins until the canal as flat land again
bull Then they donated the land to the =oard of Education but said nothing aboutthe chemicals buried there
bull Eventually the chemicals ere discovered in 0JI and the area asevacuated and treated
bull Total cost of the cleanup as MBH1 million and gtoo7er asn-t liable for any ofit because of their contract hen they donated the land
Minamata a6 apan 7 Mercur6 Poisoninbull n 0FB the 6hisso 6ompany a nitrogen fertilizer company began producing
acetaldehyde (ercury as needed as a catalystbull uring the production process a portion of the mercury as lost D ashed
into the =ay ith the aste aterbull The organic mercury as absorbed by the shell fish and eventually eaten by
people
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bull =y 0IB it as estimated that about B11 people had contracted (inimatadisease
Dopal India 7 MetD6l Isoc6anate
bull n 09K a poisonous cloud of methyl isocyanate gas escaped from the +nion
6arbide plant 7illing thousands of people up to I 7m aaybull The incident happened hen a or7er as cleaning a pipe ith ater and the
ater mied ith the chemicals and over pressured the tan7s causing them torelease the gas
Sudur6 Ontario 7 SulpDur ioBide
bull )ic7el that is mined in ntario is in the form of sulphied ore and cannot be
directly converted into metallic form t must first be smelted D burned toremove the sulphur hich is done in huge open roastslt hich emitted huge
toic clouds of sulphur dioidebull $ulphur ioide hen dissolved in ater became acid rain
bull This devastated the area around the plantL trees are stunted and sparsela7es have no fish no bird life
bull $ince then about F111 hectares have been reclaimed
essons earned
bull Each of these incidents involves ignorance carelessness or incompetenceand most involve an arrogant lac7 of ethical action
bull6onsequences of negligence can be terrifying
+ NCLEAR SAFET
TDree Mile Island
(arch B9 0J a routine maintenance operation a pressure valve stuc7 openalloing radioactive ater to escape from the system for more than B hoursleaving the reactor core partially uncooled
(ore than 0F of the reactor core had melted and fallen to the bottom of thereactor vessel Than7 goodness the molten mass did not burn through thebottom of the reactor to penetrate the ground ater table ampin a cynical version ofthis story the molten mass continues to burn through the interior of the earth untilit emerges in 6hina ampThe 6hina $yndrome
t as not a disaster for the public but the unit as destroyed and the cleanupcost nearly M0 billion
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CDerno6l
April BI 09I reactor number K eploded releasing a huge cloud of radioactive
plutonium cesium and uranium dioide into the atmosphere
Accident occurred during a lopoer test =ecause of the design during loerpoer the ater in the core decreases
To date the number of related deaths is beteen J11101111 They aiteddays even ee7s to admit that it had eploded and they too7 even longer toevacuate the peopleessons earned
bull The possibility of disaster might be very small but it is not zero
bull $uch responsibility should never be treated casually
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CHAPTER 8 Product Safet$7 ltualit$ and ia1ilit$
NE$LI$ENCE AN LIAILIT
Engineers are liable for negligent incompetent or careless acts that result indamages to others including the employer
Engineers are required to use reasonable care established practices and elltested engineering principles
Nelience an act or omission that constitutes a failure to maintain thestandards that a reasonable and prudent practitioner ould maintain in thecircumstances
ITH A CONTRACT8
bull )egligence incompetence or carelessness may be a basis for a lasuit overbreach of contractlt
bull t is good practice to consider all reasonable ays in hich an agreementmay go rong foresee damages and include clauses that specify bonusesfor good results or limits to liability
ITHOT A CONTRACT8 (driin)
bull (ay result in legal liability based on tort la ampinuries or damages
bull To in a claim under tort la the plaintiff must prove
o that the defendant had a duty of care to the plaintiff
o that the defendant breached that dutyo that the loss or damage as a direct result of the defendant-s breach of
duty
iability insurance is a ise investment t is essential for manufacturers thatemploy engineers because of
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0icarious ia1ilit$ the engineer-s employer is liable for any loss or damagethat results from a tort caused by an employee The engineer is protectedfinancially but not from disciplinary action by the Association
PROCT ARRANTIES
5ARRANT= applies to goods and products
bull Epress 5arranties promises that the product has a certain quality or itill perform for a certain period of time
bull Implied 5arranties unstated promises that eist as a matter of common
sense A certain amount of quality or function that is epectedltSTRICT LIAILIT
Product defects and consumer safety the focus is on the product itself and noquestions of negligence arise
A manufacturer may be strictly liable for any damage that results from the use ofhis product even though the manufacturer as not negligent in producing it
G)ARANTEE applies to services and agreements
AICE TO ESI$N EN$INEERS TO AOI PROCT LIAILITIES
bull Formal esin Re4ieamps conceptual feasibility and finalbull Codes and Standards adhere to all government industry and company
standards and codesbull Stateofteart esin Metods ma7e choices that lean toard safety
bull Formal Haard Anal$sis identify hazards try to prevent or eliminate actionplan remedial action
bull Formal Failure Anal$sis 3ailure (odes and Effects Analysis amp3(EA and3ault Tree Analysis amp3TA
bull esin Records 2eep good design records to shoe planning for safety
AICE TO MANFACTRERS
bull ltualit$ Assurance and Testin $ 111
bull Instruction7 5arnin and aner Sins f dangers do eist plan forproper signs to give arnings of danger
bull Instruction Manuals Any product that is dangerous should come ith aservice or instruction manual
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bull 5arranties7 isclaimers and oter Pu1lised Material evie allinformation ith the design engineer and by a products liability layer
bull Consumer Complaints nvestigate claims quic7ly to fi problems early
bull Customer Records gtave good records in case of a recall
OTAININ$ CANAIAN STANARS
6hec7 ith the $tandards 6ouncil of 6anada amp$66 They promote efficient andeffective standardization in 6anada
The $66 manages the )ational $tandards $ystem amp)$$ The )$$ ritestandards certify products test products and register quality systems ofcompanies amp$ 111
The $66 coordinates the 6anadian contribution to $ ampnternational
rganization for standards and E6 ampnternational Electrotechnical 6ommission
ISO === 7 QALIT MANA$EMENT AN QALIT ASSRANCESTANARS
t is a standard for effective management of a manufacturing corporation in orderto maimize the quality of the manufactured products
A 7ey part of the process involves the development of a ualit 3anual thatdocuments the four 7ey aspects of the certification process
bull quality policies for every aspect of the corporation-s operationsbull quality assurance procedures
bull quality process procedures
bull quality proof
ISO 3=== 7 ENIRONMENTAL MANA$EMENT SSTEMS
The process requires the company to eamine every function of its operationsith the goal of identifying activities ith a significant environmental impact andcommitting the company to preventing pollution in all of its many forms
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CHAPTER 8gt isciplinar$ Poampers and Procedures
EFINITION OF PROFESSIONAL MISCONCT
Each Association has the poer to prosecute people ho unlafully practiceprofessional engineering and to discipline licensed engineers ho are guilty ofprofessional misconduct or incompetence
The provincial Acts typically identify I causes for disciplinary action
bull Professional Misconduct Any conduct detrimental to the best interestsof the public or that harms or tends to harm the standing of the profession
generally as unprofessional conduct ampor an act that ould reasonably beregarded as unprofessional
bull Incompetence a lac7 of 7noledge s7ill udgment or disregard for theelfare of the public that demonstrates the member is unfit to carry out theresponsibilities of a professional engineer
bull Nelience carelessness or carrying out or7 that is belo the acceptedstandard of care or performance
bull reac of te Code of Etics
bull P$sical or Mental Incapacit$ this is included as a definition ofincompetence
bull Con4iction of an Offense isciplinary action against a member ho isguilty of an offense that is relevant to the member-s suitability to practice
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ISCIPLINAR PROCESS
hen a complaint of negligence incompetence or professional misconduct ismade against a licensed professional engineer it sets in motion a Fstageprocess of
bull Gathering nformationbull Evaluating the 6omplaint
bull 6onducting a 3ormal gtearing that enders 4udgment
Stipulated Order A simpler form of disciplinary hearing for less serious casesThe decision of guilt or innocence is decided by one representative and the resulthas no appeal process =oth parties agree to the outcome
f a member or licensee should be found guilty the iscipline 6ommittee can
bull suspend or revo7e your licensebull impose restriction on your license
bull require the member to be counseled or reprimanded
bull ma7e you pay cost of investigation or hearing
bull ma7e you rite eams or ta7e courses
bull impose up to a M01111 fine
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CHAPTER 8 Maintainin Professional Competence
Engineers have the privilege of selfregulation a privilege accompanied by acorresponding duty to maintain competence and avoid professionalobsolescence
The process requires engineers ampand engineering corporations to maintaincompetence by
bull enineerin practice or emplo$ment
bull formal education amp+niversity or Association courses
bull informal education ampshort courses or seminarsbull pu1lications
bull participation in enineerin societies
bull 1encmarin ampcomparing your practices against best practices
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CHAPTER 8 Enineerin Societies
The maor purpose of engineering societies is to encourage research into netheories or methods to collect and classify this ne information and todisseminate it to members so that it can be put to good use
The difference beteen an association and a society is that the Associationregulates professional behavior and the $ocieties disseminate engineeringinformation $o you should be a member of both
$ocieties have been established by groups of engineers hose commoninterests are based on
bull discipline
bull product
bull facility
bull evaluation
bull function
bull environment
bull language
bull geographical area
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THE CONCEPTS OF PROFESSIONALISM
PROFESSION
bull A learned calling ith specialized 7noledge
bull Performs services ith advanced 7noledge s7ill and udgment in hich
the public trusts
bull gtas public obligation and performs services in the general public interest
bull s bound by an ethical code in its relationship ith the public clientsemployees and colleagues
bull Accepts responsibility to regulate professional members and professionalservices provided to clients and the public
Engineering is a profession that is selfo4ernin and has the authority todiscipline members ho fail to comply ith proper standards of practice andconduct
The engineering profession is
bull highly organized
bull minimum standards of admissionbull regulate the activities of their members amps7illed practice and ethical conduct
bull promote the advancement of 7noledge
Professionals depend on the confidence ofbull the client or employer
bull the public
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ECEENCE
A shared commitment ith your peers to strive for ecellence
ETHICS
Ethics deals ith voluntary actions ta7en by an individual ith sufficient7noledge of options available
The COE OF ETHICS shapes the practice in to important aysbull provides a commonest of values hich offers a reliable professional
product to the public
bull professional relationship of trust ith the public is fundamental
APE$$A COE OF ETHICS
Professional Engineers shall recognize that professional ethics is founded uponintegrity competence dignity and devotion to service
8 P En sall old paramount7 te ealt7 safet$ and ampelfare of te pu1lic and en4ironment
bull They have an obligation to report conditions hich present an
immediate threat to safety health elfare or the environment
bull t should first be reported to the professionals involved then to
corporate or regulatory authorities
PEn sall undertae onl$ ampor tat te$ are competent to perform 1$teir trainin and eperience
bull Professional members should ensure to the best of their ability thatstatements on engineering matters attributed to them properly reflecttheir professional opinion
Stampin and Sinin ocuments8
bull Professionals shall only stamp and sign documents that they haveprepared or that have been prepared under their direct supervision andcontrol
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bull hen or7 is prepared by others they shall only stamp and sign afterhaving thoroughly revieed the or7 and accepted responsibility for it
bull Engineers ho apply their seals or stamps to reports plans or otherdocuments are stating that they understand and are in agreement ith
these documents
bull The absence of a seal or stamp does not necessarily indicate that aprofessional member has not revieed the document not does itrelieve the member from professional or legal responsibility if it can beshon that he or she as involved ith the or7
B P En sall conduct temsel4es ampit interit$7 onest$7 fairness ando1ecti4it$ in teir professional acti4ities
bull A client-s or employer-s interests should be held in high regard gtoeverthe folloing duties ta7e precedencelt
o duty to protect public safety
o duty to the professions under the 6ode of Ethics
o duty to act fairly to all parties hen administering a contract on
behalf of a client or employer
bull Professionals should 7eep confidential all information that is acquired inthe course of their professional duties and that concerns the businessaffairs of present or past clientsemployees
gt PEn sall compl$ ampit applica1le statutes7 reulations and 1$laamps inteir professional practice
bull Professionals should maintain adequate 7noledge of the la relating totheir area of practice
bull esponsible n4ironmntal mana+mnt comutr softar anddiscrimination are a fe of the subects covered under this ule
PEn sall upold and enance te onor7 dinit$7 and reputation of teir professions7 and te a1ilit$ to ser4e te pu1lic interest
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bull Advertisements proposals and presentations should be factual clearand dignified
bull A professional should be careful to give due credit to others
bull nly revie the or7 of another professional hen they have beeninformed unless there is a confidentiality agreement to the client
bull gtelp ET-s
APE$$A COE OF ETHICS
0 P Eng shall hold paramount the DealtD safet6 and elfare of tDe pulic and enironment
B PEng shall underta7e only or tDat tDe6 are competent to perform bytheir training and eperience
F P Eng shall conduct themselves ith interit6 Donest6 fairness and
oGectiit6 in their professional activities
K PEng shall compl6 itD applicale statutes reulations and 62las intheir professional practice
H PEng shall uphold and enhance the Donor dinit6 and reputation of their professions and the ability to sere tDe pulic interest
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COPRI$HTS
9RiDt to cop6
nly the oner of the or7 is alloed to reproduce the or7 or permit others tocopy it
Plaiarism is copying someone else-s or7 and claiming it as your on
Fair ealin +se or reproduction of or7 for private study research criticismrevie or nes reporting
Cop6riDts appl6 to8bull iterar$ ampors boo7s poems pamphlets computer programs
bull ramatic ampors films videos plays scripts
bull Musical ampors compositions ampords and music
bull Artistic ampors paintings draings maps photos sculptures architects
Also to8bull Performer(s performances actors musicians dancers
bull Communication Sinals broadcasters
bull Sound Recordins
6opyright is restricted to the epression in a fied manner amptet recordingdraing of an ideaL it does not etend to the idea itself
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3acts ideas and nes are all considered public property
6opyright does apply tobull $ong
bull )ovel
bull Playbull (agazine article
bull 6omputer program
bull ideo 6assettes (ovies
6opyright does NOT apply tobull $ong titlebull Plot ideabull Play of gtamletbull 3acts in an articlebull )ame of a computer programbull (a7ing a copy of a musical tape amproyalties have been paid already
bull 6opies for educational institutions ampcan 7eep radio and nes tapes for 0 year
bull )onprofit libraries archives and museumshen you create a or7 you automatically have copyright protection providedthat at the time of creation you ere a 6anadian 6itizen or a resident in a countrythat participates in 6opyright rules
Autorsip The person that creates the or7
Oampnersip f you are the creator of the or7 you on the copyright f you
create a or7 hile employed the copyright belongs to the employer ou canlegally transfer your rights to someone else then they on the copyright
uration 6opyright ampintellectual property lasts for the life of the author N H1years
Moral Rits Even if you sell your copyright you still retain moral rightsltThis means that no one including the person ho ons the copyright candistort mutilate or modify your or7 ampchange the ending use for a commercial etc
(oral rights eist for the same length as the copyrightou cannot sell or transfer your moral rights but you can aive them
RE$ISTRATION OF A COPRI$HT
ou do not have to register a copyright to have protection in 6anada
f you choose to register ith the copyright office you receive a certificate hichcan be used to your advantage if your or7 is infringed t is evidence that it is
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your or7 and you are the oner n a dispute you do not have to proveonership
ou send the application to the 6opyright office and you do not send your or7in ou may need to send a copy to the )ational ibrary of 6anada but the
6opyright office doesn-t revie your or7 at all
There is no requirement to mar7 your or7 under the 6opyright Act ou canmar7 it li7e this
)ame ear copy e 4ane oe 09I copy
ou can use this format even if you have not registered your or7
The 6opyright ffice is not responsible for ensuring that your copyright is notbeing infringedCCthis is your ob ou have to launch legal action yourself and
the courts are left to decide
Assinment As the oner you may decide i4e up part or all of $our rits toanother party The assignment may be for the hole term or for ust a certainpart of the term
icense ou as the oner give someone else permission to use your or7 forcertain purposes and under certain conditions but you still retain onership oudo not i4e up $our rits
Ro$alties (oney paid to the copyright oner as commission for sales of theiror7 or permission to use them
Tariffs $et fees that users must pay for using certain copyright material
Collecti4es an organization that collects royalties on behalf of its members
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TRAEMARampS
A trade2mar is a ord symbol or design to distinguish the products or servicesof an organization or person from others t can also represent a reputation
Ordinar$ Mars ords or symbols that distinguish your product or service ampe Giddy+p
Certification Mars identify ares or services that meet a defined standardThey are oned by one person but licensed to others to identify ares orservices hich meet a defined standard ampe oolmar7 APEGGA seal
istinuisin uise identifies the unique shape of a product or its pac7ageampe eggs Egg
A trade name is the name under hich you conduct your business The tradename can be registered under the Trade(ar7s Act only if it is also used as aTrademar7 ampto identify products or services
RE$ISTERIN$ A TRAE2MARamp
The Reistered Trade2Mar is one that is entered on the Trademar7s registerou are not required to register your trademar7 if you use it for a certain lengthof time you can establish onership by 6ommon a
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bull egistration of your trademar7 gives you the eclusive right to use the mar7across Canada for 8 $ears then you have to rene it
bull t is recommended that you register your Trade(ar7 in case someone elsetries to use it
bull f you fail to use the mar7 for an etended period your registration may becancelled
bull ou can register a trademar7 by filing an application for registration ith theTrademar7s ffice our trade2mar must e used in Canada efore itcan e reistered+
RE$ISTRATION QALIFICATIONS
bull 6annot be primarily your full name or surname ampunless you can prove it is already
identified
bull ou may not register a ord that clearly describes a feature of the product orservice ampseet uicy
bull The ord cannot be clearly misleading ampdeceptively misdescriptive ampe sugarseet if it has no sugar
bull ou may not register a ord that clearly designates the place of origin of theproduct or service or if it misleads the public into thin7ing that the productcomes from there ampParis 3ashions Atlantic 6od but you can use )orth Pole =ananasbecause no one ould epect them to come from there
bull ou can use a disclaimer statement indicating that you are not claimingeclusive rights for certain ords appearing in the trademar7 n this ayyou can use clearly descriptive ords hich are unregisterable on their onampce 6ream in =ob-s ce 6ream
bull )ames of products in other languages cannot be registered ampurstlt is Germanfor sausage
bull 6annot be registered if it consists or a plant variety denomination
bull ou cannot use ords symbols sounds or ideas that are confusingly similar
to a registered trademar7 or a pending mar7 amp2ing og 3ood and 2ing 6at 3oodould be refused
bull ou cannot register a trademar7 that resembles certain official symbolsunless you have the consent of the authority in question
o fficial government symbols
o 3amily coats of arms
o =adges and crests or 6(P
o Emblems and names of ed 6ross or +)
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o 3lags of other countries
o $ymbols of provinces
=efore you try to register your trademar7 do a search and include trade namesas ell
After you have a registered trademar7 to 7eep it you mustLbull Pay the registration fees every 0H years
bull +se the trademar7 in 6anada or it ill be epunged
Assinment to sell or transfer your rights to a trademar7 to another party
Marin ReDuirements The Trade(ar7s Act does )T have anyrequirements but many oners indicate their registration through the folloingmar7s
983214 O registered trademar7
991522 O trademar7$( O service mar7
The Trade(ar7 ffice ill prevent anyone else from registering your trademar7but it is your responsibility to monitor the mar7etplace and ta7e legal action ifsomeone is using your trademar7
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PATENTS
A patent is
bull A document protecting the rights of the inventor
bull A repository of useful technical information for the public
The idea is to promote the sharing of technological information hile giving you amonopoly on your creation
ith a patent the government gives the inventor the right to eclude others fromma7ing or selling your invention
The invention is protected from the day the patent is granted to a maimum of =6ears after the day you filed your application
The Patent ffice then epects you to provide a full description of your inventionso that all 6anadians can benefit from this technology They allo your
application to be open gt montDs from the filing date during the con4ention priorit$ date
Patent applications are made pulic gt montDs after the 6anadian 3iling ate
ou must obtain a valid patent ithin 8 $ear of main te product pu1lic
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A 6anadian patent is only etended throughout 6anada ou must apply forpatent rights in other countries separately
t is important to 7eep your invention secret until your first patent application isfiled in order to preserve your rights to file later in most foreign countries
3or an invention to be patented it must be
bull NO0ET= 3irst in the orld
bull )TIIT= 3unctional and operative
bull INGEN)IT= $ho inventive ingenuity and not be obvious to someones7illed in that area
The folloing items are patentable
bull Product ampdoor loc7
bull A composition ampchemical composition li7e lubricant
bull An apparatus ampmachine to ma7e door loc7s
bull A process ampmethod
bull An improvement on any of these
The idea alone is not patentable t must be reduced to something physical
ou CANNOT patentbull A scientific principle
bull An abstract theorem
bull An idea
bull A method of doing businessbull A computer program
bull A medical treatmentn 6anada patents are given to the first inventor to file an application
f you invent something hile or7ing for an employer on the employer-s timeith the employer-s materials at the epense of the employer the inventionrights still belong to you unless you have been hired by the company to inventpatentable inventions
PATENT APPLICATION
+ $et a Patent Aent
+ Preliminar6 SearcD
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bull ou can do a preliminary search in the online database or visit the Patentffice in person
0+ Preparin tDe Patent Application
bull A patent application must consist ofo a1stract ampbrief description
o specification ampclaims and boundaries of protection
o draampins
3+ File 6our Application4+ Reuest eBamination5+ EBaminer does searcD and approes or oGects+lt+ Respond to an6 oGectionsgt+ Patent ranted or oGected+
CONENTION PRIORIT
(any countries belong to the Paris 6onvention for the Protection of ndustrialProperty
This treaty allos you to invo7e convention prioritylt hich means that your filingdate in one member country ill be recognized by all others provided you file inthose countries ithin the first year
ampe if you file in 6anada in 4anuary B111 you could file up to one year later in most countriesamp4anuary B110 and still receive the same rights as if you filed in B111
PATENT COOPERATION TREAT (PCT)
t provides a standardized international filing procedure for foreign patents hichis shared by our principal trading partners including the +$ 4apan and mostEuropean countriesou may file for a patent in as many as 01I member countries through a singleapplication filed in 6anada
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INSTRIAL ESI$N
An Industrial esin is the features of shape configuration pattern or ornamentapplied to a finished article made by hand tool or machine ampappealing to the eye
There is no time limit for filing an application as long as the design has neverbeen published ampmade public to anyone
ou must file ithin 6ear of going public ith your design or you ill lose youreclusive rights to the design
The advantage of registering your industrial design is that it gives you eclusive
right to your design for up to = 6ears from tDe date of reistration
+nless you register your design you can ma7e no legal claim of onership andhave no legal protection from imitation
nly the proprietor ampcreator of the design may obtain registration unless youhave been hired to develop a design Then the hirer is the proprietor
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Trade Secret industrial 7noho or valuable information acquired by abusiness t could be a
bull formula
bull pattern
bull device
bull compilation of info used to give you an advantage over the competitors
ou cannot registerbull That don-t have visual appeal
bull 3eatures that are hidden from vie or too small to appeal to the eye
bull A method of construction
bull An idea
bull (aterials used in construction
bull 3unction of an article
bull 6olor
ESI$N RE$ISTRATION
The application ill includebull Application forms ampdescription
bull At least one draing or photograph
bull 3ees
The process ill include
bull nitial processing
bull Eamination
bull egistration
ou do not have to mar7 your design in order to indicate that it is registered butmar7ing it gives you etra protection
As proprietor you may ta7e legal action against anyone ho infringes on yourdesign in 6anada but you must ta7e action ithin F years of the incident
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An 9assinment occurs hen you sell all or part of your rights in the designpermanently to another party
ou can 9license another user to allo someone else to use your design but
you still retain onership
To have your design protected in other countries you must apply separately ineach country
ou have 5 montDs to file for 9conention priorit6+ampe you apply to register in 6anada in 4anuary B111 then you have until 4uly B111 to file in other 6onvention countries and receive the same rights as if it ere 4anuary B111
LA FOR PROFESSIONAL EN$INEERS OOamp
CHAPTER 8 Te Canadian eal S$stem
The legal system of 6anada is based on the English common2lalt system andthe English courts of euit6lt system ampudgemade la and is calledCOMMON2LAlt
The 3ederal 6ourt of 6anada has urisdiction over federal matters such aspatents trademar7s and copyrights
Pu1lic aamp deals ith the rights and obligations of government ampcriminal and6onstitutional la
Pri4ate aamp deals ith the rights and obligations of individuals or private organizations ampCONTRACT AN TORT LA
Termsbull itigation lasuit
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bull Plaintiff party bringing the actionbull efendant party defending the actionbull Appellant party appealing the decisionbull espondent party see7ing to uphold a decisionbull Privity of contract legal relationship beteen parties to a contract
bull 6reditor party to hom an amount is oingbull ebtor party that oes an amount to creditor bull $uarantee A guarantees = the debt of 6omp amphen = doesn-t get paid
= goes to 6omp first then to A
bull Indemnification a promise to directly compensate or reimburseanother party for a loss or cost incurred f Aindemnifies = the debt of 6omp amphen = doesn-t get paid =goes directly to A
CHAPTER usiness Oraniations
Sole Proprietorsip an individual carries on business by and for himself andalso enoys the profits and incurs any losses personally
Partnersip an association of persons ho conduct business in common ith avie to profit ndividuals or organizations share profits and losses
Corporation an entity unto itself distinct from its oners ampfictitious personThe corporation itself ons its assets and incurs its on liabilities
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CHAPTER B International Considerations
t is etremely important to obtain advice from an appropriately eperiencedlayer in the foreign country or have the advice of a consultant in that countryt is ise to purchase political ris7 insurance and to use careful udgment together ith a local influential partner
$ome potential ris7s of or7ing internationally are
bull Political Ris is one of the more obvious ris7 factors in or7inginternationally The 6hanges in government can lead to significant policychanges
bull Licensin reuirements and obtaining necessary permits and approvalsin a foreign country under different legal systems can be timeconsuming
bull Financial Riss due to currency echange and controls or restrictions onthe transfer of funds out of the country
bull Contract documents and forms used on proects may be different
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CHAPTER gt Tort ia1ilit$
Tort8 generally refers to a private or civil rong or inury one that involvesnegligence and that may arise independently of contract ampcar driver and victim
amphich includes financial loss hen based on a professional-s opinion
The fundamental purpose of tort la is to compensate ictims of tortsPunishment of negligent rongdoers IS NOT a purpose of tort la
Professional liability insurance should provide protection if an engineer-snegligence results in damage arising in tort
n order to satisfy the courts that compensation should be made the plaintiff in atort action must prove that
bull The defendant oed the plaintiff a duty of care
bull The defendant breached that duty by his conduct
bull The defendant-s conduct caused the inury to the plaintiff
f any 0 of these F aspects is not proven to the satisfaction of the courts theplaintiff ill not in
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A significant factor in a tort action is the establishment of the standard of carerequired of the defendant
The standard is applied based on the premise that engineers have a duty to use
the reasonable care and s7ill of engineers of ordinary competence Thereasonable carelt is measured by applicable professional standards of theengineering profession at the time the services ere performed
Strict ia1ilit$ manufacturers and employers are held strictly liable hen faultis not necessary if compensation is to be provided ampnot yet upheld in 6anadaampe All employees ma7e contributions on behalf of employees and if someone is inuredcompensation is provided ith no finding of faultampe A manufacturer may be strictl6 lialelt if for any damages that result from the use of theirproduct
0icarious ia1ilit$ The employer is responsible for damaged caused by its
employees The employer provides compensation because it is presumed thatthe employer is in a better financial position than the employee
Concurrent Tortfeasors hen more than one party is liable in a tort actionThe defendant-s together are called concurrent tortfeasors
Products ia1ilit$ The plaintiff must be able to establish that damage hasclearly resulted from appropriate use of a product and the defendantmanufacturer must then persuade the court that at the time the manufacturercould not have foreseen the defective nature of the goods manufactured6anada has not yet ta7en a strict liability approach on products as the +$ has
Products liability has developed through principles of both contract la and tortla The tort concept of fault has been applied and implied contractualarranties that the product is effective and the contract of a sale must also eist
n productsliability matters economic losses ampin the absence of physical inurymay in some circumstances be recoverable
Standards of Care and ut$ to 5arn A manufacturer must arn theconsumer of any dangerous potential of the product by appropriate labeling
Oter Tortsbull Tort of defamation8 ampif the statements that damage the reputation are true there is
no liability
o ibel D in riting
o $lander D verbal
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bull Occupiers Liailit68 The occupier of a property must eercise therequired standard of care to ensure the safety of individuals coming ontothat property
bull Tort of Nuisance8 esigned to alleviate undue interference ith the
comfortable and convenient enoyment of the plaintiff-s landampe insecticide spray drifting onto other land
CHAPTER Proof
The burden of proof is on the plaintiff to prove the case against the defendant
Engineers often find themselves ma7ing appearances as eBpert itnesses incourt
The epert is permitted to epress opinions ith respect to his or her area ofepertise and the itness should be cautious and restrict testimony to such
area
ou ill be hired by one side and crosseamined by counsel from the otherparty
Preparation is of the utmost importance in litigation The epert itness shouldclearly understand the issues in the lasuit and be aare of the scope ofquestions that can be reasonably epected
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CHAPTER 28 Contracts
3or a contract to be binding and enforceable the folloing elements must bepresent
bull An offer made and accepted
bull (utual intent to enter into the contract
bull 6onsideration or offer ampan echange of promises each promise representing
something of valueCpayment of money is not essential
bull 6apacity to contract ampcan-t be a minor drun7 or crazyCenforceable by the drun7 if
the other party 7ne they ere intoicatedbull aful purpose 6ontract on-t be enforced if it is unlaful
An offer is a promise made by one person to another
)ot all contracts are in riting
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+ntil it is accepted the offer may be ithdran by the offeror unless it is madeepressly irrevocable by its terms
Irre4oca1le Offers =idders submit offers or tenders that have been madeirrevocable for a specific period of time At any point during that period the offer
may be accepted and a contract ill be formed
Option Contract This contract is another means of 7eeping an offer open for acertain period of timeampe The party purchasing the option may ant do eploration or7 for a period of time beforedeciding to spend a large sum of money on the property
EDuita1le Estoppel A udge can stoplt the strict terms of a contract from beingfolloed if it is proven that the terms had changed outside of the agreementampoften used hen etensions to deadlines are agreed upon and then the person tried to go bac7to the original ritten contract
Pursuant to contract la consideration ampor a seal must be present in order toma7e a change to a contract enforceable D otherise it is ust a promise not laThe courts protect the person in the situation here a promise is ta7en as fullagreement
Statute of Frauds Ensures that certain types of contracts must be in riting tobe enforceable
Rectification This order can be applied for to rectify a contract because of asecretarial or recording mista7e
)nilateral Mistae A mista7e made by only one party to a contract 6ourts illdecide hether a contractor ill be relieved of their mista7e
CHAPTER 8 Tenderin Issues Contract A
a of tendering in 6anada gives the principle that there are B separatecontracts that arise in the tendering process
0 Contract A D the contract of irrevocability ampthat deals ith the tenderingphase
B Contract D the construction contract ampapplies to the construction phase
The number of number of tenders submitted is the number of 6ontract A-s thatare formed
The original tender pac7age contents cannot be changed ithout notifyingeveryone or you are in =reach of 6ontract A
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CHAPTER 82 Contract Interpretation
Parties to a contract sometimes dispute the meaning of part of the contract Todifferent approaches can be ta7en hen interpreting contracts
bull i1eral Approac ta7es into account the intent of the parties and maylead to speculation on that intent
bull Strict Approac focuses on the precise ords in the agreement andmay rely on dictionary meanings
Contra Preferentem hen a contract is ambiguous or unclear it ill beinterpreted against the person that rote it up
Parol E4idence Rule hen verbal agreements outside of the ritten contractare included as rule in a contract n most cases if a condition is agreed uponverbally but is not included in the contract then the condition is not part of thecontract
Implied Terms hen the inclusion of obvious terms of a contract have beenoverloo7ed here it is reasonable implied terms may eist in a contract
CHAPTER 83 iscare of Contracts
There are several ays to discharge a contract
bull Performance hen all parties have completed their respectiveobligations the contract is at an end
bull Areement to iscare Parties in a contract are alays free to amend
the contract or agree to cancel or terminate the contract upon mutuallyagreed terms
bull iscare Pursuant to Epress Terms t is advised to include in acontract terms here all parties may terminate the contract if certainoutside events ere to occur ampe ban7ruptcy
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bull iscare 1$ Frustration hen changing unforeseeablecircumstances occur that may radically change the obligations of theparties
o Force Maeure Provides that the time for completion ill beetended in the event of ar riot flood labor dispute or other
events that are beyond the control of both parties
bull iscare 1$ reac of Contract ne party fail to perform obligations
o iscare 1$ Repudiation hen the party to a contract
epressly tells the other party that they have no intention ofperforming contractual obligations
CHAPTER 86 reac of Contract
f a party to a contract fails to perform obligations specified in the contract thenthat party has breached the contract
The innocent party is entitled to certain remedies depending on the nature of thebreach and the terms of the contract
Condition an obligation that is essential or vital to the contract5arrant$ an obligation that is NOT essential or vital to the contract
A =reach of 6ontract is a cause for discharge only if its effect is to render itpurposeless for the innocent party to proceed further ith performance
Repudiation hen the party to a contract epressly tells the other party thatthey have no intention of performing contractual obligations
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REMIIES
A nondefaulting party is entitled to damages for losses incurred as a result of abreach of contract
irect amaes Actual calculated difference in the cost of having to chooseone service over the other ampthe loest bid is chosen and then they refuse to do the or7so the second loest bid is chosen and the party sues for the monetary difference beteen theloest and second loest bid
Indirect amaes Are consequential to the breach and might include damagesfor lost profits or damages incurred if the contract is not fulfilled
iDuidated amaes Are preestimated damages if certain events ere tooccur that are ritten into the contract under a Penalty 6lause
ltuantum Meruit hen services have been requested and performed but nooutside agreement as reached beteen the parties as to hat payment ouldbe provided in return for the services then the courts can aard the person ithas much as is reasonably deservedlt for time spent and materials supplied
Su1stantial Compliance hen a contractor has substantially complied iththe terms of a contract yet failed to comply ith some minor aspect of thecontract The contractor ill be paid the contract price minus the cost ofdamages caused by the minor problems
Specific Performance hen the courts require a party to perform a contractual
obligation li7e the sale of land or a personal item
Inunction A court order that prohibits or restrains a party from performing anactCHAPTER 9 Fundamental reac
Applies to a contract that contains an eemption clause amphere parties limit theirliability if a breach of contract results and ma7es the eemption ineffective
CHAPTER 8 Areement etampeen Client and Enineer
A contract beteen a client and an engineer must include all of the essentialcontract elements
The document ill not specify the degree of care that is required of the engineerin carrying out the services =ut the engineer is liable for incompetence
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carelessness or negligence that results in damages to the client and for notperforming ith an ordinary and reasonable degree of care and s7ill
CHAPTER Concurrent ia1ilit$ in Tort and Contract
+nless otherise stated in a contract the standard of care epected of anengineer doing a ob is the same standard of care by hich an engineer-sperformance is measured in tort
3or a breach of contract there is a limitation period of I years from date of thebreach in hich to press charges instead of hen it is discovered
n tort the limitation period in hich to press charges starts hen the damagesare first detected
CHAPTER 3 Ar1itration and AR
A lasuit is not alays the best ay to resolve a dispute beteen contractingparties especially technical disputes
Ar1itration or Alternati4e ispute Resolution +AR- t is less costly and lesspublic than litigation
An engineer that is an arbitrator is epected to act impartially and independentlyof the parties to the dispute
The Arbitration Act deals ith the appointment of an arbitrator and sets out astructure or set of rules to govern the conduct of an arbitration unless the partiesagree that some other structure or rules ill apply
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The Act also gives arbitrators the urisdiction to aard preudgment and post udgment interests ust li7e the courts have under the 6ourts of 4ustice Act
Partnerin intended to respond to the need for improved attitudes amongstindustry participants to the importance of teamor7 on proects
This cooperative attitude should assist in resolving proect disputes at an earlystage
) TGAT) and A=TAT) result in a 4+G(E)T TgtAT $=))G
Proect Neutral (proGect manaement oerie) The companies appoint a
proect neutral usually an independent professional eperienced in the industryto be aare of developments on the proect ith a vie to offering unbiasedadvice and decisions
Mediation esolving disputes through the negotiating process involving amediator ho is to provide guidance and to facilitate the settlement process agobeteenlt in communicating proposed settlements
There is no udgmentL the parties need to or7 out their differences
CHAPTER BB Industrial Propert$
Industrial Propert$ Rits ights that generally relate to patents trademar7scopyrights and industrial design
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ou can-t fire someone for an alternation at a social event There must be arecord of continual insolence and insubordination ou should refuse to fire himin riting and give him a reprimand instead
0+ CONFLICT OF INTEREST---
ou are on a committee that is deciding to revise specifications These revisionsill help out your company and the committee chair-s company but ill ma7e ithard on competitorsou must tell the committee of the conflict of interest
3+ ERRORS IN EN$INEERIN$ PLANS OR SPECS+---
ou notice errors in design hen your role is supposed to be in manufacturing
ou should phone the client and tell him about it and then follo up ith a letterand then proceed ith the fabrication after you get ritten conformation from theclient f the errors may cause harm to the public you must report it
4+ ampEEP PRELIMINAR ATA SECRET NTIL AFTER SHAREHOLERSMEETIN$---
t is ethical to 7eep preliminar6 results secret until the final results are 7non forcertainty
5+ ACCONTAILIT IN A NE O HERE PREIOS MANA$EMENTHAS TAampEN NO ACTION AN NO O ARE ACCONTALE
ou are alays responsible to act ith professional integrity and high ideals
bull 3irst tell the person ho is committing the misconduct nclude thebenefits of dealing ith the situations and the consequences of notdealing
bull Then suggest that together you discuss the matter ith senior
management or the Associationbull 3inally if you have no choice go alone to senior management or get
advice from the Association
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CHAPTER 6 Etical Pro1lems of Enineers in Pri4ate Practice
THE CLIENT 7 CONSLTANT RELATIONSHIP8
The consultant ampengineer is usually hired to monitor an engineering proect li7ethe construction of something This creates a relationship beteen the
contractor ampdesigner or builder the consultant ampengineer and the client amponer
Independent Model The client eplains the problem and hands all decisionma7ing over to the consultant =ad because the client can-t ma7e any choices
alanced Model The consultant ma7es recommendations and provides theengineering advice but the client chooses the path to follo This is the middle of the spectrum
Aent Model The consultant ta7es orders from the client This doesn-t use anyof the engineer-s 7noledge
AERTISIN$ EN$INEERIN$ SERICES
Engineers can only advertise through factual representation ithouteaggerationlt
ou cannot use the engineer-s seal or association-s seal in any form ofadvertising
SE OF THE EN$INEERS SEAL
The Act requires that all final draings specifications plans reports and otherdocuments involving the practice of professional engineering must be datedsigned and sealed
t is not optional to use the seal
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(ost documents state that they ere prepared or ceced and appro4ed bythe person ho sealed them
The seal is legal because it indicates that the person accepts responsibility forthe accuracy of the documents and implies that the person has a thorough
7noledge of the proect to hich the documents relate
o not seal anything that you are not illing to accept full responsibility for
9CHECampIN$ EN$INEERIN$ OCMENTS
Ceced the documents ere prepared by someone under the directsupervision of the person ho signed and sealed them
ou can seal the or7 of others ampnot under direct supervision provided that you
thoroughly revie the or7 and are illing to accept full responsibility
o not assume responsibility for or7 that is beyond your area of epertise or for or7 that you have not thoroughly revieed for accuracy
PREPARATION AN APPROAL
f one engineer prepared the draing and another engineer must approve itthen 1ot seals should appear on it therise only the approving engineershould seal it
f final draings cover more than one discipline then they should be sealed bythe approving engineer ampchief and by the design engineer for each discipline
ETAILE RAIN$S
The engineer generally has responsibility for a proect as a hole and theengineer-s seal must appear on maor reports specifications or draings thatdescribe the proect ou are not epected to seal every draing but they allmust be prepared under the engineer-s control and supervision and you assume
responsibility for all of them hether they are sealed or not
MASTERS AN PRINTS
The master draings must be complete since they are the maor reference fordesign and construction fabrication
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The time to seal a draing is hen it is approved and released for fabrication orconstruction
ou seal te copies7 not te master That ay the prints can be chec7ed formodifications hen sealed
ETHICAL ISSES
Confidentialit$ The engineer has a clear obligation under the code of ethicsto 7eep affairs of the client confidential
Conflict of Interest here the engineer has an interest that interferes ith the
service oed to the client The engineer must disclose any personal interestthat there may be
Re4ieampin te 5or of Anoter Enineer The engineer should be informed hen his or7 is being revieed but it is not necessary to receive permission todo so The elfare of the client or the general public must come before thepersonal ishes of the engineer
Supplantin 6onvincing the client to fire their engineer and hire you instead isunethical
reac of Contract ampcivil liability a failure to complete the obligations specifiedin a contract ou can get protection for this ampliability insurance
Nelience ampcivil liability a failure to eercise due care in the performance ofengineering There is NO protection for this
ETHICAL PROLEMS OF EN$INEERS IN PRIATE PRACTICE (CASESTIES)
+ ORampIN$ AN OTIN$ ON PLANS FOR A STREET-----
ou cannot vote on hether a proect should be accepted if you are involved inbidding on the proect ou must disclose your involvement and abstain fromvoting and participating in the decision ma7ing process
+ ENORSIN$ A PROCT ON T---
t is seen as unprofessional and a conflict of interest
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0+ LE$AL SETTLEMENT AN EIN$ PAI ON THE OTCOME---
As an epert itness you are giving your professional opinions The amount youma7e ampcontingency ill be dependent upon the outcome of the case Getting
paid this ay is a conflict of interest since there is personal benefit based on theoutcome ou should accept a flat rate fee
3+ ORI$INAL SEALE RAIN$S CHAN$E INSPECTION---
ou don-t sign and seal the originalConly the copies so that modifications areevident f the proect isn-t to original specifications the calculations must bedone from scratch and nothing is to be done until they are complete
4+ RECIN$ OR FEE IF THE OECT HAS ALREA EENESI$NE FOR SOMEONE ELSE EFORE---
Establishing fair and reasonable fees depends on
bull evel of 7noledge and qualifications required
bull ifficulty and scope of the assignment
bull esponsibility that the engineer must assume
bull +rgency ith hich the or7 must be completed
bull Time required
ou should not loer your price to produce a similar design for 6lient = but if
6lient A anted a second building that as the same as the first then a smalldeal could be made
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CHAPTER 89 Te Enineer(s ut$ to Societ$ and te En4ironment
T TO SOCIET8
ou must put the greater good of society ahead of personal gain
The to environmental problems that have accompanied the industrialization ofour society
bull Proliferation of MacineMade Haards +sing highays aircraftnuclear poer toic chemicals more often ma7e it more dangerous
bull eradation of te En4ironment The lifestyle of industrialized nations
requires a high energy usage to maintain it The consumption of fossilfuels and the careless disposal of aste has deteriorated the environment
o 5aste isposal
o Air Pollution SO2 ndash from coal combustion (London) NO x ndash cars (LA) CO
Photochmical oxidants (sun) oon PAN Proxactl
nitrat
o Acid Rain
$amp harmful to fish at amp
o 5ater Pollution
isascausin+ bactria
Or+anic ast dcain+ in th atr
-rtilirs
oxic matrials ( PC) Acidification
0ast hat
A+ricultur ndash ind carris sticids salt frtilirs and
nitro+n to th atr
o Glo1al 5armin and Oone epletion +Greenouse Effect-
CO2 C$ NO2 O1 Chlorofluorocarbons
o Ener$ Conser4ation and Nuclear Poamper
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o Eponential Population Groampt
The good of society is determined on a utilitarian basis D creating the maimumgood for the maimum number of people
=efore reporting an incident to the Association
bull Informal Resolution 3irst the engineer should try to resolve problemsinformally and internally in an open and professional manner
bull Confidentialit$ f it is necessary to report a situation never report it to thepublic or media Alays report it to the Association or proper regulatory body
bull Retaliation ou cannot be fired for reporting a situation ou can file alasuit to recover lost ages and costs
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CHAPTER 88 Enineerin Case Histories
+ THE QEEC RI$E ISASTER
pened in 00 the longest cantilever span in the orld
=ridge as redesigned ith a larger span and the dead eight calculations erenot redone
Then there as a material failure in a bearing casting that temporarily supportedthe central span hile it as being transported and lifted into place
essons earnedbull ou have to have enough money to pay all the people to do their obs
properly for large proects before you start them amp(r 6ooper as not paid nearlyenough to do the etra or7 to redesign nor as he really competent
bull gtire capable competent professionals ampnot old or sic7 that can-t visit the construction site
bull 6learly define duties authorization and responsibility of professionalpersonnel
bull iscuss all design decisions and technical problems openly and listenreceptively amp3or F ee7s the chief engineer tried to contact 6ooper about the strangebending of some steel parts and recommended some changes be madeC6ooper didn-tlisten
bull evie details especially engineering design calculations amp6ooper did not redothe calculations for dead eight after he changed the length of the structure
bull (onitor or7 on the site adequately amp6ooper as too old and sic7 to monitor any ofthe building or fabrication
bull
Ensure that communication is rapid and accurate ampt too7 F ee7s for the chiefengineer to reach 6ooper ith his concerns
bull Provide adequate support staff for good money
+ THE ANCOER SECON NARROS RI$E ISASTER
4une 0H9 to spans of the cantilever bridge collapsed
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t as caused by the faulty design and eventual collapse of a temporary toersupporting the partially completed bridge
The additional time and material needed to reconstruct the damaged portions ofthe bridge
essons earned
bull 6onsulting engineers should recommend alloable stresses for temporaryconstruction support structures
bull The contractor should be required to submit all construction plans andcalculations for approval prior to construction
0+ THE ESTRA MINE ISASTER
(ay th 0B mine ble up and 7illed BI miners
The floor roof and sides of the road should have been cleared and treated ith
stonedust and proper ventilation procedures should have been folloed despitedelayed production
essons earned
bull Production demands resulted in the violation of basic and fundamental safemining practices
bull (anagement ignored or encouraged many hazardous and illegal practicesincluding 0Bhour or7 shifts improper storage of fuel refueling vehiclesunderground using nonflameproof equipment
bull The methane gas from the coal needed to be properly ventilated out of themine
bull Proper permits and changes to the mine plans ere not approved by theproper authorities
bull ritten orders to stonedust and to clean up the mine ere not folloed
3+ THE LO$EPOLE ELL LOOT
ctober 0Jth 0B a sour gas Amoco ell ble out and they could not get itbac7 under control
The initial 7ic7 occurred primarily because drilling practices during the ta7ing ofcores ere not folloed and this combined ith the marginally adequate muddensity used permitted the entry of reservoir fluids into the ellbore
They lost control of the ell and then it started on fire from some (us7eg thatas burning underground
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There ere also some equipment failures that attributed to not being ale tocirculate the 7ic7 out quic7 enough
essons earned
bull Amoco did not apply the necessary degree of caution hile carrying outoperationsbull )eeded to be fully prepared in the event of a fluid influ
4+ THE RE21 MININ$ FRA
The samples had been saltedlt D adding minerals li7e gold here none eist
essons earned
bull The chief geologist had a responsibility to sho due diligence in safeguardingthe core samples and ensuring that the gold assay as properly done Thatthe gold content based on the samples as accurately calculated and thatthe doublechec7s ere made to confirm the results
bull This emphasizes the critical dependence of the mining and resourceindustries on professionals ith high ethical standards
5+ THE CHALLEN$ER SPACE SHTTLE E1PLOSION
n 4anuary B9 09I the accident as caused by hot gases bloing past one ofthe seals in the roc7et boosters The seal had been unable to do its ob properlybecause of the unusually lo temperature in 3lorida on the day of the launch
The manufacturer of the boosters had this information but had decided to goahead ith the launch anyay
essons earned
bull n an enormously large organization it is easy for decision ma7ing to fall
through the crac7s
bull t is very easy for engineers to fall into the comforting belief that they arefolloing a conservative course hen in fact they are deviating intodangerous territory
bull isasters are easy to create D safety comes hard
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lt+ THE C2= PASSEN$ER AIRCRAT ISASTER
n 0JB a cargo door latch failed and the door ble out of a 601 over indsor) and the eplosive decompression of the cargo compartment caused part of
the cabin floor to collapse
This opened a large hole in the bottom of the fuselage and severed most of thehydraulic lines hich caused the loss of control of the rudder and aileronsEveryone landed safely that day
n 0JK another 601 over Paris lost its cargo door The decompression ofthe cargo compartment again caused the cabin floor to collapseL control of theailerons and rudder ere lost and the plane crashed 7illing FKI people
essons earned
bull The 3AA failed in its role of safety atchdog t certified the cargo doordesign in spite of the failure during the ground test Then after the neardisaster over indsor they merely advised the airlines to follo themanufacturer-s service bulletin rather than issuing a directive that ould haverequired all 601-s to be retrofitted
gt+ TO1IC POLLTION8 LOE CANAL MINAMATA HOPAL SR
mproper disposal of toic or environmentally harmful aste
Loe Canal Ne or 7 ioBin
bull n 0HF gtoo7er 6hemical 6orporation dumped over 09111 tons of chemicalaste including dioins until the canal as flat land again
bull Then they donated the land to the =oard of Education but said nothing aboutthe chemicals buried there
bull Eventually the chemicals ere discovered in 0JI and the area asevacuated and treated
bull Total cost of the cleanup as MBH1 million and gtoo7er asn-t liable for any ofit because of their contract hen they donated the land
Minamata a6 apan 7 Mercur6 Poisoninbull n 0FB the 6hisso 6ompany a nitrogen fertilizer company began producing
acetaldehyde (ercury as needed as a catalystbull uring the production process a portion of the mercury as lost D ashed
into the =ay ith the aste aterbull The organic mercury as absorbed by the shell fish and eventually eaten by
people
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bull =y 0IB it as estimated that about B11 people had contracted (inimatadisease
Dopal India 7 MetD6l Isoc6anate
bull n 09K a poisonous cloud of methyl isocyanate gas escaped from the +nion
6arbide plant 7illing thousands of people up to I 7m aaybull The incident happened hen a or7er as cleaning a pipe ith ater and the
ater mied ith the chemicals and over pressured the tan7s causing them torelease the gas
Sudur6 Ontario 7 SulpDur ioBide
bull )ic7el that is mined in ntario is in the form of sulphied ore and cannot be
directly converted into metallic form t must first be smelted D burned toremove the sulphur hich is done in huge open roastslt hich emitted huge
toic clouds of sulphur dioidebull $ulphur ioide hen dissolved in ater became acid rain
bull This devastated the area around the plantL trees are stunted and sparsela7es have no fish no bird life
bull $ince then about F111 hectares have been reclaimed
essons earned
bull Each of these incidents involves ignorance carelessness or incompetenceand most involve an arrogant lac7 of ethical action
bull6onsequences of negligence can be terrifying
+ NCLEAR SAFET
TDree Mile Island
(arch B9 0J a routine maintenance operation a pressure valve stuc7 openalloing radioactive ater to escape from the system for more than B hoursleaving the reactor core partially uncooled
(ore than 0F of the reactor core had melted and fallen to the bottom of thereactor vessel Than7 goodness the molten mass did not burn through thebottom of the reactor to penetrate the ground ater table ampin a cynical version ofthis story the molten mass continues to burn through the interior of the earth untilit emerges in 6hina ampThe 6hina $yndrome
t as not a disaster for the public but the unit as destroyed and the cleanupcost nearly M0 billion
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CDerno6l
April BI 09I reactor number K eploded releasing a huge cloud of radioactive
plutonium cesium and uranium dioide into the atmosphere
Accident occurred during a lopoer test =ecause of the design during loerpoer the ater in the core decreases
To date the number of related deaths is beteen J11101111 They aiteddays even ee7s to admit that it had eploded and they too7 even longer toevacuate the peopleessons earned
bull The possibility of disaster might be very small but it is not zero
bull $uch responsibility should never be treated casually
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CHAPTER 8 Product Safet$7 ltualit$ and ia1ilit$
NE$LI$ENCE AN LIAILIT
Engineers are liable for negligent incompetent or careless acts that result indamages to others including the employer
Engineers are required to use reasonable care established practices and elltested engineering principles
Nelience an act or omission that constitutes a failure to maintain thestandards that a reasonable and prudent practitioner ould maintain in thecircumstances
ITH A CONTRACT8
bull )egligence incompetence or carelessness may be a basis for a lasuit overbreach of contractlt
bull t is good practice to consider all reasonable ays in hich an agreementmay go rong foresee damages and include clauses that specify bonusesfor good results or limits to liability
ITHOT A CONTRACT8 (driin)
bull (ay result in legal liability based on tort la ampinuries or damages
bull To in a claim under tort la the plaintiff must prove
o that the defendant had a duty of care to the plaintiff
o that the defendant breached that dutyo that the loss or damage as a direct result of the defendant-s breach of
duty
iability insurance is a ise investment t is essential for manufacturers thatemploy engineers because of
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0icarious ia1ilit$ the engineer-s employer is liable for any loss or damagethat results from a tort caused by an employee The engineer is protectedfinancially but not from disciplinary action by the Association
PROCT ARRANTIES
5ARRANT= applies to goods and products
bull Epress 5arranties promises that the product has a certain quality or itill perform for a certain period of time
bull Implied 5arranties unstated promises that eist as a matter of common
sense A certain amount of quality or function that is epectedltSTRICT LIAILIT
Product defects and consumer safety the focus is on the product itself and noquestions of negligence arise
A manufacturer may be strictly liable for any damage that results from the use ofhis product even though the manufacturer as not negligent in producing it
G)ARANTEE applies to services and agreements
AICE TO ESI$N EN$INEERS TO AOI PROCT LIAILITIES
bull Formal esin Re4ieamps conceptual feasibility and finalbull Codes and Standards adhere to all government industry and company
standards and codesbull Stateofteart esin Metods ma7e choices that lean toard safety
bull Formal Haard Anal$sis identify hazards try to prevent or eliminate actionplan remedial action
bull Formal Failure Anal$sis 3ailure (odes and Effects Analysis amp3(EA and3ault Tree Analysis amp3TA
bull esin Records 2eep good design records to shoe planning for safety
AICE TO MANFACTRERS
bull ltualit$ Assurance and Testin $ 111
bull Instruction7 5arnin and aner Sins f dangers do eist plan forproper signs to give arnings of danger
bull Instruction Manuals Any product that is dangerous should come ith aservice or instruction manual
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bull 5arranties7 isclaimers and oter Pu1lised Material evie allinformation ith the design engineer and by a products liability layer
bull Consumer Complaints nvestigate claims quic7ly to fi problems early
bull Customer Records gtave good records in case of a recall
OTAININ$ CANAIAN STANARS
6hec7 ith the $tandards 6ouncil of 6anada amp$66 They promote efficient andeffective standardization in 6anada
The $66 manages the )ational $tandards $ystem amp)$$ The )$$ ritestandards certify products test products and register quality systems ofcompanies amp$ 111
The $66 coordinates the 6anadian contribution to $ ampnternational
rganization for standards and E6 ampnternational Electrotechnical 6ommission
ISO === 7 QALIT MANA$EMENT AN QALIT ASSRANCESTANARS
t is a standard for effective management of a manufacturing corporation in orderto maimize the quality of the manufactured products
A 7ey part of the process involves the development of a ualit 3anual thatdocuments the four 7ey aspects of the certification process
bull quality policies for every aspect of the corporation-s operationsbull quality assurance procedures
bull quality process procedures
bull quality proof
ISO 3=== 7 ENIRONMENTAL MANA$EMENT SSTEMS
The process requires the company to eamine every function of its operationsith the goal of identifying activities ith a significant environmental impact andcommitting the company to preventing pollution in all of its many forms
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CHAPTER 8gt isciplinar$ Poampers and Procedures
EFINITION OF PROFESSIONAL MISCONCT
Each Association has the poer to prosecute people ho unlafully practiceprofessional engineering and to discipline licensed engineers ho are guilty ofprofessional misconduct or incompetence
The provincial Acts typically identify I causes for disciplinary action
bull Professional Misconduct Any conduct detrimental to the best interestsof the public or that harms or tends to harm the standing of the profession
generally as unprofessional conduct ampor an act that ould reasonably beregarded as unprofessional
bull Incompetence a lac7 of 7noledge s7ill udgment or disregard for theelfare of the public that demonstrates the member is unfit to carry out theresponsibilities of a professional engineer
bull Nelience carelessness or carrying out or7 that is belo the acceptedstandard of care or performance
bull reac of te Code of Etics
bull P$sical or Mental Incapacit$ this is included as a definition ofincompetence
bull Con4iction of an Offense isciplinary action against a member ho isguilty of an offense that is relevant to the member-s suitability to practice
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ISCIPLINAR PROCESS
hen a complaint of negligence incompetence or professional misconduct ismade against a licensed professional engineer it sets in motion a Fstageprocess of
bull Gathering nformationbull Evaluating the 6omplaint
bull 6onducting a 3ormal gtearing that enders 4udgment
Stipulated Order A simpler form of disciplinary hearing for less serious casesThe decision of guilt or innocence is decided by one representative and the resulthas no appeal process =oth parties agree to the outcome
f a member or licensee should be found guilty the iscipline 6ommittee can
bull suspend or revo7e your licensebull impose restriction on your license
bull require the member to be counseled or reprimanded
bull ma7e you pay cost of investigation or hearing
bull ma7e you rite eams or ta7e courses
bull impose up to a M01111 fine
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CHAPTER 8 Maintainin Professional Competence
Engineers have the privilege of selfregulation a privilege accompanied by acorresponding duty to maintain competence and avoid professionalobsolescence
The process requires engineers ampand engineering corporations to maintaincompetence by
bull enineerin practice or emplo$ment
bull formal education amp+niversity or Association courses
bull informal education ampshort courses or seminarsbull pu1lications
bull participation in enineerin societies
bull 1encmarin ampcomparing your practices against best practices
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CHAPTER 8 Enineerin Societies
The maor purpose of engineering societies is to encourage research into netheories or methods to collect and classify this ne information and todisseminate it to members so that it can be put to good use
The difference beteen an association and a society is that the Associationregulates professional behavior and the $ocieties disseminate engineeringinformation $o you should be a member of both
$ocieties have been established by groups of engineers hose commoninterests are based on
bull discipline
bull product
bull facility
bull evaluation
bull function
bull environment
bull language
bull geographical area
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THE CONCEPTS OF PROFESSIONALISM
PROFESSION
bull A learned calling ith specialized 7noledge
bull Performs services ith advanced 7noledge s7ill and udgment in hich
the public trusts
bull gtas public obligation and performs services in the general public interest
bull s bound by an ethical code in its relationship ith the public clientsemployees and colleagues
bull Accepts responsibility to regulate professional members and professionalservices provided to clients and the public
Engineering is a profession that is selfo4ernin and has the authority todiscipline members ho fail to comply ith proper standards of practice andconduct
The engineering profession is
bull highly organized
bull minimum standards of admissionbull regulate the activities of their members amps7illed practice and ethical conduct
bull promote the advancement of 7noledge
Professionals depend on the confidence ofbull the client or employer
bull the public
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ECEENCE
A shared commitment ith your peers to strive for ecellence
ETHICS
Ethics deals ith voluntary actions ta7en by an individual ith sufficient7noledge of options available
The COE OF ETHICS shapes the practice in to important aysbull provides a commonest of values hich offers a reliable professional
product to the public
bull professional relationship of trust ith the public is fundamental
APE$$A COE OF ETHICS
Professional Engineers shall recognize that professional ethics is founded uponintegrity competence dignity and devotion to service
8 P En sall old paramount7 te ealt7 safet$ and ampelfare of te pu1lic and en4ironment
bull They have an obligation to report conditions hich present an
immediate threat to safety health elfare or the environment
bull t should first be reported to the professionals involved then to
corporate or regulatory authorities
PEn sall undertae onl$ ampor tat te$ are competent to perform 1$teir trainin and eperience
bull Professional members should ensure to the best of their ability thatstatements on engineering matters attributed to them properly reflecttheir professional opinion
Stampin and Sinin ocuments8
bull Professionals shall only stamp and sign documents that they haveprepared or that have been prepared under their direct supervision andcontrol
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bull hen or7 is prepared by others they shall only stamp and sign afterhaving thoroughly revieed the or7 and accepted responsibility for it
bull Engineers ho apply their seals or stamps to reports plans or otherdocuments are stating that they understand and are in agreement ith
these documents
bull The absence of a seal or stamp does not necessarily indicate that aprofessional member has not revieed the document not does itrelieve the member from professional or legal responsibility if it can beshon that he or she as involved ith the or7
B P En sall conduct temsel4es ampit interit$7 onest$7 fairness ando1ecti4it$ in teir professional acti4ities
bull A client-s or employer-s interests should be held in high regard gtoeverthe folloing duties ta7e precedencelt
o duty to protect public safety
o duty to the professions under the 6ode of Ethics
o duty to act fairly to all parties hen administering a contract on
behalf of a client or employer
bull Professionals should 7eep confidential all information that is acquired inthe course of their professional duties and that concerns the businessaffairs of present or past clientsemployees
gt PEn sall compl$ ampit applica1le statutes7 reulations and 1$laamps inteir professional practice
bull Professionals should maintain adequate 7noledge of the la relating totheir area of practice
bull esponsible n4ironmntal mana+mnt comutr softar anddiscrimination are a fe of the subects covered under this ule
PEn sall upold and enance te onor7 dinit$7 and reputation of teir professions7 and te a1ilit$ to ser4e te pu1lic interest
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bull Advertisements proposals and presentations should be factual clearand dignified
bull A professional should be careful to give due credit to others
bull nly revie the or7 of another professional hen they have beeninformed unless there is a confidentiality agreement to the client
bull gtelp ET-s
APE$$A COE OF ETHICS
0 P Eng shall hold paramount the DealtD safet6 and elfare of tDe pulic and enironment
B PEng shall underta7e only or tDat tDe6 are competent to perform bytheir training and eperience
F P Eng shall conduct themselves ith interit6 Donest6 fairness and
oGectiit6 in their professional activities
K PEng shall compl6 itD applicale statutes reulations and 62las intheir professional practice
H PEng shall uphold and enhance the Donor dinit6 and reputation of their professions and the ability to sere tDe pulic interest
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COPRI$HTS
9RiDt to cop6
nly the oner of the or7 is alloed to reproduce the or7 or permit others tocopy it
Plaiarism is copying someone else-s or7 and claiming it as your on
Fair ealin +se or reproduction of or7 for private study research criticismrevie or nes reporting
Cop6riDts appl6 to8bull iterar$ ampors boo7s poems pamphlets computer programs
bull ramatic ampors films videos plays scripts
bull Musical ampors compositions ampords and music
bull Artistic ampors paintings draings maps photos sculptures architects
Also to8bull Performer(s performances actors musicians dancers
bull Communication Sinals broadcasters
bull Sound Recordins
6opyright is restricted to the epression in a fied manner amptet recordingdraing of an ideaL it does not etend to the idea itself
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3acts ideas and nes are all considered public property
6opyright does apply tobull $ong
bull )ovel
bull Playbull (agazine article
bull 6omputer program
bull ideo 6assettes (ovies
6opyright does NOT apply tobull $ong titlebull Plot ideabull Play of gtamletbull 3acts in an articlebull )ame of a computer programbull (a7ing a copy of a musical tape amproyalties have been paid already
bull 6opies for educational institutions ampcan 7eep radio and nes tapes for 0 year
bull )onprofit libraries archives and museumshen you create a or7 you automatically have copyright protection providedthat at the time of creation you ere a 6anadian 6itizen or a resident in a countrythat participates in 6opyright rules
Autorsip The person that creates the or7
Oampnersip f you are the creator of the or7 you on the copyright f you
create a or7 hile employed the copyright belongs to the employer ou canlegally transfer your rights to someone else then they on the copyright
uration 6opyright ampintellectual property lasts for the life of the author N H1years
Moral Rits Even if you sell your copyright you still retain moral rightsltThis means that no one including the person ho ons the copyright candistort mutilate or modify your or7 ampchange the ending use for a commercial etc
(oral rights eist for the same length as the copyrightou cannot sell or transfer your moral rights but you can aive them
RE$ISTRATION OF A COPRI$HT
ou do not have to register a copyright to have protection in 6anada
f you choose to register ith the copyright office you receive a certificate hichcan be used to your advantage if your or7 is infringed t is evidence that it is
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your or7 and you are the oner n a dispute you do not have to proveonership
ou send the application to the 6opyright office and you do not send your or7in ou may need to send a copy to the )ational ibrary of 6anada but the
6opyright office doesn-t revie your or7 at all
There is no requirement to mar7 your or7 under the 6opyright Act ou canmar7 it li7e this
)ame ear copy e 4ane oe 09I copy
ou can use this format even if you have not registered your or7
The 6opyright ffice is not responsible for ensuring that your copyright is notbeing infringedCCthis is your ob ou have to launch legal action yourself and
the courts are left to decide
Assinment As the oner you may decide i4e up part or all of $our rits toanother party The assignment may be for the hole term or for ust a certainpart of the term
icense ou as the oner give someone else permission to use your or7 forcertain purposes and under certain conditions but you still retain onership oudo not i4e up $our rits
Ro$alties (oney paid to the copyright oner as commission for sales of theiror7 or permission to use them
Tariffs $et fees that users must pay for using certain copyright material
Collecti4es an organization that collects royalties on behalf of its members
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TRAEMARampS
A trade2mar is a ord symbol or design to distinguish the products or servicesof an organization or person from others t can also represent a reputation
Ordinar$ Mars ords or symbols that distinguish your product or service ampe Giddy+p
Certification Mars identify ares or services that meet a defined standardThey are oned by one person but licensed to others to identify ares orservices hich meet a defined standard ampe oolmar7 APEGGA seal
istinuisin uise identifies the unique shape of a product or its pac7ageampe eggs Egg
A trade name is the name under hich you conduct your business The tradename can be registered under the Trade(ar7s Act only if it is also used as aTrademar7 ampto identify products or services
RE$ISTERIN$ A TRAE2MARamp
The Reistered Trade2Mar is one that is entered on the Trademar7s registerou are not required to register your trademar7 if you use it for a certain lengthof time you can establish onership by 6ommon a
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bull egistration of your trademar7 gives you the eclusive right to use the mar7across Canada for 8 $ears then you have to rene it
bull t is recommended that you register your Trade(ar7 in case someone elsetries to use it
bull f you fail to use the mar7 for an etended period your registration may becancelled
bull ou can register a trademar7 by filing an application for registration ith theTrademar7s ffice our trade2mar must e used in Canada efore itcan e reistered+
RE$ISTRATION QALIFICATIONS
bull 6annot be primarily your full name or surname ampunless you can prove it is already
identified
bull ou may not register a ord that clearly describes a feature of the product orservice ampseet uicy
bull The ord cannot be clearly misleading ampdeceptively misdescriptive ampe sugarseet if it has no sugar
bull ou may not register a ord that clearly designates the place of origin of theproduct or service or if it misleads the public into thin7ing that the productcomes from there ampParis 3ashions Atlantic 6od but you can use )orth Pole =ananasbecause no one ould epect them to come from there
bull ou can use a disclaimer statement indicating that you are not claimingeclusive rights for certain ords appearing in the trademar7 n this ayyou can use clearly descriptive ords hich are unregisterable on their onampce 6ream in =ob-s ce 6ream
bull )ames of products in other languages cannot be registered ampurstlt is Germanfor sausage
bull 6annot be registered if it consists or a plant variety denomination
bull ou cannot use ords symbols sounds or ideas that are confusingly similar
to a registered trademar7 or a pending mar7 amp2ing og 3ood and 2ing 6at 3oodould be refused
bull ou cannot register a trademar7 that resembles certain official symbolsunless you have the consent of the authority in question
o fficial government symbols
o 3amily coats of arms
o =adges and crests or 6(P
o Emblems and names of ed 6ross or +)
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o 3lags of other countries
o $ymbols of provinces
=efore you try to register your trademar7 do a search and include trade namesas ell
After you have a registered trademar7 to 7eep it you mustLbull Pay the registration fees every 0H years
bull +se the trademar7 in 6anada or it ill be epunged
Assinment to sell or transfer your rights to a trademar7 to another party
Marin ReDuirements The Trade(ar7s Act does )T have anyrequirements but many oners indicate their registration through the folloingmar7s
983214 O registered trademar7
991522 O trademar7$( O service mar7
The Trade(ar7 ffice ill prevent anyone else from registering your trademar7but it is your responsibility to monitor the mar7etplace and ta7e legal action ifsomeone is using your trademar7
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PATENTS
A patent is
bull A document protecting the rights of the inventor
bull A repository of useful technical information for the public
The idea is to promote the sharing of technological information hile giving you amonopoly on your creation
ith a patent the government gives the inventor the right to eclude others fromma7ing or selling your invention
The invention is protected from the day the patent is granted to a maimum of =6ears after the day you filed your application
The Patent ffice then epects you to provide a full description of your inventionso that all 6anadians can benefit from this technology They allo your
application to be open gt montDs from the filing date during the con4ention priorit$ date
Patent applications are made pulic gt montDs after the 6anadian 3iling ate
ou must obtain a valid patent ithin 8 $ear of main te product pu1lic
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A 6anadian patent is only etended throughout 6anada ou must apply forpatent rights in other countries separately
t is important to 7eep your invention secret until your first patent application isfiled in order to preserve your rights to file later in most foreign countries
3or an invention to be patented it must be
bull NO0ET= 3irst in the orld
bull )TIIT= 3unctional and operative
bull INGEN)IT= $ho inventive ingenuity and not be obvious to someones7illed in that area
The folloing items are patentable
bull Product ampdoor loc7
bull A composition ampchemical composition li7e lubricant
bull An apparatus ampmachine to ma7e door loc7s
bull A process ampmethod
bull An improvement on any of these
The idea alone is not patentable t must be reduced to something physical
ou CANNOT patentbull A scientific principle
bull An abstract theorem
bull An idea
bull A method of doing businessbull A computer program
bull A medical treatmentn 6anada patents are given to the first inventor to file an application
f you invent something hile or7ing for an employer on the employer-s timeith the employer-s materials at the epense of the employer the inventionrights still belong to you unless you have been hired by the company to inventpatentable inventions
PATENT APPLICATION
+ $et a Patent Aent
+ Preliminar6 SearcD
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bull ou can do a preliminary search in the online database or visit the Patentffice in person
0+ Preparin tDe Patent Application
bull A patent application must consist ofo a1stract ampbrief description
o specification ampclaims and boundaries of protection
o draampins
3+ File 6our Application4+ Reuest eBamination5+ EBaminer does searcD and approes or oGects+lt+ Respond to an6 oGectionsgt+ Patent ranted or oGected+
CONENTION PRIORIT
(any countries belong to the Paris 6onvention for the Protection of ndustrialProperty
This treaty allos you to invo7e convention prioritylt hich means that your filingdate in one member country ill be recognized by all others provided you file inthose countries ithin the first year
ampe if you file in 6anada in 4anuary B111 you could file up to one year later in most countriesamp4anuary B110 and still receive the same rights as if you filed in B111
PATENT COOPERATION TREAT (PCT)
t provides a standardized international filing procedure for foreign patents hichis shared by our principal trading partners including the +$ 4apan and mostEuropean countriesou may file for a patent in as many as 01I member countries through a singleapplication filed in 6anada
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INSTRIAL ESI$N
An Industrial esin is the features of shape configuration pattern or ornamentapplied to a finished article made by hand tool or machine ampappealing to the eye
There is no time limit for filing an application as long as the design has neverbeen published ampmade public to anyone
ou must file ithin 6ear of going public ith your design or you ill lose youreclusive rights to the design
The advantage of registering your industrial design is that it gives you eclusive
right to your design for up to = 6ears from tDe date of reistration
+nless you register your design you can ma7e no legal claim of onership andhave no legal protection from imitation
nly the proprietor ampcreator of the design may obtain registration unless youhave been hired to develop a design Then the hirer is the proprietor
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Trade Secret industrial 7noho or valuable information acquired by abusiness t could be a
bull formula
bull pattern
bull device
bull compilation of info used to give you an advantage over the competitors
ou cannot registerbull That don-t have visual appeal
bull 3eatures that are hidden from vie or too small to appeal to the eye
bull A method of construction
bull An idea
bull (aterials used in construction
bull 3unction of an article
bull 6olor
ESI$N RE$ISTRATION
The application ill includebull Application forms ampdescription
bull At least one draing or photograph
bull 3ees
The process ill include
bull nitial processing
bull Eamination
bull egistration
ou do not have to mar7 your design in order to indicate that it is registered butmar7ing it gives you etra protection
As proprietor you may ta7e legal action against anyone ho infringes on yourdesign in 6anada but you must ta7e action ithin F years of the incident
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An 9assinment occurs hen you sell all or part of your rights in the designpermanently to another party
ou can 9license another user to allo someone else to use your design but
you still retain onership
To have your design protected in other countries you must apply separately ineach country
ou have 5 montDs to file for 9conention priorit6+ampe you apply to register in 6anada in 4anuary B111 then you have until 4uly B111 to file in other 6onvention countries and receive the same rights as if it ere 4anuary B111
LA FOR PROFESSIONAL EN$INEERS OOamp
CHAPTER 8 Te Canadian eal S$stem
The legal system of 6anada is based on the English common2lalt system andthe English courts of euit6lt system ampudgemade la and is calledCOMMON2LAlt
The 3ederal 6ourt of 6anada has urisdiction over federal matters such aspatents trademar7s and copyrights
Pu1lic aamp deals ith the rights and obligations of government ampcriminal and6onstitutional la
Pri4ate aamp deals ith the rights and obligations of individuals or private organizations ampCONTRACT AN TORT LA
Termsbull itigation lasuit
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bull Plaintiff party bringing the actionbull efendant party defending the actionbull Appellant party appealing the decisionbull espondent party see7ing to uphold a decisionbull Privity of contract legal relationship beteen parties to a contract
bull 6reditor party to hom an amount is oingbull ebtor party that oes an amount to creditor bull $uarantee A guarantees = the debt of 6omp amphen = doesn-t get paid
= goes to 6omp first then to A
bull Indemnification a promise to directly compensate or reimburseanother party for a loss or cost incurred f Aindemnifies = the debt of 6omp amphen = doesn-t get paid =goes directly to A
CHAPTER usiness Oraniations
Sole Proprietorsip an individual carries on business by and for himself andalso enoys the profits and incurs any losses personally
Partnersip an association of persons ho conduct business in common ith avie to profit ndividuals or organizations share profits and losses
Corporation an entity unto itself distinct from its oners ampfictitious personThe corporation itself ons its assets and incurs its on liabilities
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CHAPTER B International Considerations
t is etremely important to obtain advice from an appropriately eperiencedlayer in the foreign country or have the advice of a consultant in that countryt is ise to purchase political ris7 insurance and to use careful udgment together ith a local influential partner
$ome potential ris7s of or7ing internationally are
bull Political Ris is one of the more obvious ris7 factors in or7inginternationally The 6hanges in government can lead to significant policychanges
bull Licensin reuirements and obtaining necessary permits and approvalsin a foreign country under different legal systems can be timeconsuming
bull Financial Riss due to currency echange and controls or restrictions onthe transfer of funds out of the country
bull Contract documents and forms used on proects may be different
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CHAPTER gt Tort ia1ilit$
Tort8 generally refers to a private or civil rong or inury one that involvesnegligence and that may arise independently of contract ampcar driver and victim
amphich includes financial loss hen based on a professional-s opinion
The fundamental purpose of tort la is to compensate ictims of tortsPunishment of negligent rongdoers IS NOT a purpose of tort la
Professional liability insurance should provide protection if an engineer-snegligence results in damage arising in tort
n order to satisfy the courts that compensation should be made the plaintiff in atort action must prove that
bull The defendant oed the plaintiff a duty of care
bull The defendant breached that duty by his conduct
bull The defendant-s conduct caused the inury to the plaintiff
f any 0 of these F aspects is not proven to the satisfaction of the courts theplaintiff ill not in
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A significant factor in a tort action is the establishment of the standard of carerequired of the defendant
The standard is applied based on the premise that engineers have a duty to use
the reasonable care and s7ill of engineers of ordinary competence Thereasonable carelt is measured by applicable professional standards of theengineering profession at the time the services ere performed
Strict ia1ilit$ manufacturers and employers are held strictly liable hen faultis not necessary if compensation is to be provided ampnot yet upheld in 6anadaampe All employees ma7e contributions on behalf of employees and if someone is inuredcompensation is provided ith no finding of faultampe A manufacturer may be strictl6 lialelt if for any damages that result from the use of theirproduct
0icarious ia1ilit$ The employer is responsible for damaged caused by its
employees The employer provides compensation because it is presumed thatthe employer is in a better financial position than the employee
Concurrent Tortfeasors hen more than one party is liable in a tort actionThe defendant-s together are called concurrent tortfeasors
Products ia1ilit$ The plaintiff must be able to establish that damage hasclearly resulted from appropriate use of a product and the defendantmanufacturer must then persuade the court that at the time the manufacturercould not have foreseen the defective nature of the goods manufactured6anada has not yet ta7en a strict liability approach on products as the +$ has
Products liability has developed through principles of both contract la and tortla The tort concept of fault has been applied and implied contractualarranties that the product is effective and the contract of a sale must also eist
n productsliability matters economic losses ampin the absence of physical inurymay in some circumstances be recoverable
Standards of Care and ut$ to 5arn A manufacturer must arn theconsumer of any dangerous potential of the product by appropriate labeling
Oter Tortsbull Tort of defamation8 ampif the statements that damage the reputation are true there is
no liability
o ibel D in riting
o $lander D verbal
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bull Occupiers Liailit68 The occupier of a property must eercise therequired standard of care to ensure the safety of individuals coming ontothat property
bull Tort of Nuisance8 esigned to alleviate undue interference ith the
comfortable and convenient enoyment of the plaintiff-s landampe insecticide spray drifting onto other land
CHAPTER Proof
The burden of proof is on the plaintiff to prove the case against the defendant
Engineers often find themselves ma7ing appearances as eBpert itnesses incourt
The epert is permitted to epress opinions ith respect to his or her area ofepertise and the itness should be cautious and restrict testimony to such
area
ou ill be hired by one side and crosseamined by counsel from the otherparty
Preparation is of the utmost importance in litigation The epert itness shouldclearly understand the issues in the lasuit and be aare of the scope ofquestions that can be reasonably epected
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CHAPTER 28 Contracts
3or a contract to be binding and enforceable the folloing elements must bepresent
bull An offer made and accepted
bull (utual intent to enter into the contract
bull 6onsideration or offer ampan echange of promises each promise representing
something of valueCpayment of money is not essential
bull 6apacity to contract ampcan-t be a minor drun7 or crazyCenforceable by the drun7 if
the other party 7ne they ere intoicatedbull aful purpose 6ontract on-t be enforced if it is unlaful
An offer is a promise made by one person to another
)ot all contracts are in riting
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+ntil it is accepted the offer may be ithdran by the offeror unless it is madeepressly irrevocable by its terms
Irre4oca1le Offers =idders submit offers or tenders that have been madeirrevocable for a specific period of time At any point during that period the offer
may be accepted and a contract ill be formed
Option Contract This contract is another means of 7eeping an offer open for acertain period of timeampe The party purchasing the option may ant do eploration or7 for a period of time beforedeciding to spend a large sum of money on the property
EDuita1le Estoppel A udge can stoplt the strict terms of a contract from beingfolloed if it is proven that the terms had changed outside of the agreementampoften used hen etensions to deadlines are agreed upon and then the person tried to go bac7to the original ritten contract
Pursuant to contract la consideration ampor a seal must be present in order toma7e a change to a contract enforceable D otherise it is ust a promise not laThe courts protect the person in the situation here a promise is ta7en as fullagreement
Statute of Frauds Ensures that certain types of contracts must be in riting tobe enforceable
Rectification This order can be applied for to rectify a contract because of asecretarial or recording mista7e
)nilateral Mistae A mista7e made by only one party to a contract 6ourts illdecide hether a contractor ill be relieved of their mista7e
CHAPTER 8 Tenderin Issues Contract A
a of tendering in 6anada gives the principle that there are B separatecontracts that arise in the tendering process
0 Contract A D the contract of irrevocability ampthat deals ith the tenderingphase
B Contract D the construction contract ampapplies to the construction phase
The number of number of tenders submitted is the number of 6ontract A-s thatare formed
The original tender pac7age contents cannot be changed ithout notifyingeveryone or you are in =reach of 6ontract A
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CHAPTER 82 Contract Interpretation
Parties to a contract sometimes dispute the meaning of part of the contract Todifferent approaches can be ta7en hen interpreting contracts
bull i1eral Approac ta7es into account the intent of the parties and maylead to speculation on that intent
bull Strict Approac focuses on the precise ords in the agreement andmay rely on dictionary meanings
Contra Preferentem hen a contract is ambiguous or unclear it ill beinterpreted against the person that rote it up
Parol E4idence Rule hen verbal agreements outside of the ritten contractare included as rule in a contract n most cases if a condition is agreed uponverbally but is not included in the contract then the condition is not part of thecontract
Implied Terms hen the inclusion of obvious terms of a contract have beenoverloo7ed here it is reasonable implied terms may eist in a contract
CHAPTER 83 iscare of Contracts
There are several ays to discharge a contract
bull Performance hen all parties have completed their respectiveobligations the contract is at an end
bull Areement to iscare Parties in a contract are alays free to amend
the contract or agree to cancel or terminate the contract upon mutuallyagreed terms
bull iscare Pursuant to Epress Terms t is advised to include in acontract terms here all parties may terminate the contract if certainoutside events ere to occur ampe ban7ruptcy
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bull iscare 1$ Frustration hen changing unforeseeablecircumstances occur that may radically change the obligations of theparties
o Force Maeure Provides that the time for completion ill beetended in the event of ar riot flood labor dispute or other
events that are beyond the control of both parties
bull iscare 1$ reac of Contract ne party fail to perform obligations
o iscare 1$ Repudiation hen the party to a contract
epressly tells the other party that they have no intention ofperforming contractual obligations
CHAPTER 86 reac of Contract
f a party to a contract fails to perform obligations specified in the contract thenthat party has breached the contract
The innocent party is entitled to certain remedies depending on the nature of thebreach and the terms of the contract
Condition an obligation that is essential or vital to the contract5arrant$ an obligation that is NOT essential or vital to the contract
A =reach of 6ontract is a cause for discharge only if its effect is to render itpurposeless for the innocent party to proceed further ith performance
Repudiation hen the party to a contract epressly tells the other party thatthey have no intention of performing contractual obligations
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REMIIES
A nondefaulting party is entitled to damages for losses incurred as a result of abreach of contract
irect amaes Actual calculated difference in the cost of having to chooseone service over the other ampthe loest bid is chosen and then they refuse to do the or7so the second loest bid is chosen and the party sues for the monetary difference beteen theloest and second loest bid
Indirect amaes Are consequential to the breach and might include damagesfor lost profits or damages incurred if the contract is not fulfilled
iDuidated amaes Are preestimated damages if certain events ere tooccur that are ritten into the contract under a Penalty 6lause
ltuantum Meruit hen services have been requested and performed but nooutside agreement as reached beteen the parties as to hat payment ouldbe provided in return for the services then the courts can aard the person ithas much as is reasonably deservedlt for time spent and materials supplied
Su1stantial Compliance hen a contractor has substantially complied iththe terms of a contract yet failed to comply ith some minor aspect of thecontract The contractor ill be paid the contract price minus the cost ofdamages caused by the minor problems
Specific Performance hen the courts require a party to perform a contractual
obligation li7e the sale of land or a personal item
Inunction A court order that prohibits or restrains a party from performing anactCHAPTER 9 Fundamental reac
Applies to a contract that contains an eemption clause amphere parties limit theirliability if a breach of contract results and ma7es the eemption ineffective
CHAPTER 8 Areement etampeen Client and Enineer
A contract beteen a client and an engineer must include all of the essentialcontract elements
The document ill not specify the degree of care that is required of the engineerin carrying out the services =ut the engineer is liable for incompetence
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carelessness or negligence that results in damages to the client and for notperforming ith an ordinary and reasonable degree of care and s7ill
CHAPTER Concurrent ia1ilit$ in Tort and Contract
+nless otherise stated in a contract the standard of care epected of anengineer doing a ob is the same standard of care by hich an engineer-sperformance is measured in tort
3or a breach of contract there is a limitation period of I years from date of thebreach in hich to press charges instead of hen it is discovered
n tort the limitation period in hich to press charges starts hen the damagesare first detected
CHAPTER 3 Ar1itration and AR
A lasuit is not alays the best ay to resolve a dispute beteen contractingparties especially technical disputes
Ar1itration or Alternati4e ispute Resolution +AR- t is less costly and lesspublic than litigation
An engineer that is an arbitrator is epected to act impartially and independentlyof the parties to the dispute
The Arbitration Act deals ith the appointment of an arbitrator and sets out astructure or set of rules to govern the conduct of an arbitration unless the partiesagree that some other structure or rules ill apply
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The Act also gives arbitrators the urisdiction to aard preudgment and post udgment interests ust li7e the courts have under the 6ourts of 4ustice Act
Partnerin intended to respond to the need for improved attitudes amongstindustry participants to the importance of teamor7 on proects
This cooperative attitude should assist in resolving proect disputes at an earlystage
) TGAT) and A=TAT) result in a 4+G(E)T TgtAT $=))G
Proect Neutral (proGect manaement oerie) The companies appoint a
proect neutral usually an independent professional eperienced in the industryto be aare of developments on the proect ith a vie to offering unbiasedadvice and decisions
Mediation esolving disputes through the negotiating process involving amediator ho is to provide guidance and to facilitate the settlement process agobeteenlt in communicating proposed settlements
There is no udgmentL the parties need to or7 out their differences
CHAPTER BB Industrial Propert$
Industrial Propert$ Rits ights that generally relate to patents trademar7scopyrights and industrial design
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CHAPTER 6 Etical Pro1lems of Enineers in Pri4ate Practice
THE CLIENT 7 CONSLTANT RELATIONSHIP8
The consultant ampengineer is usually hired to monitor an engineering proect li7ethe construction of something This creates a relationship beteen the
contractor ampdesigner or builder the consultant ampengineer and the client amponer
Independent Model The client eplains the problem and hands all decisionma7ing over to the consultant =ad because the client can-t ma7e any choices
alanced Model The consultant ma7es recommendations and provides theengineering advice but the client chooses the path to follo This is the middle of the spectrum
Aent Model The consultant ta7es orders from the client This doesn-t use anyof the engineer-s 7noledge
AERTISIN$ EN$INEERIN$ SERICES
Engineers can only advertise through factual representation ithouteaggerationlt
ou cannot use the engineer-s seal or association-s seal in any form ofadvertising
SE OF THE EN$INEERS SEAL
The Act requires that all final draings specifications plans reports and otherdocuments involving the practice of professional engineering must be datedsigned and sealed
t is not optional to use the seal
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(ost documents state that they ere prepared or ceced and appro4ed bythe person ho sealed them
The seal is legal because it indicates that the person accepts responsibility forthe accuracy of the documents and implies that the person has a thorough
7noledge of the proect to hich the documents relate
o not seal anything that you are not illing to accept full responsibility for
9CHECampIN$ EN$INEERIN$ OCMENTS
Ceced the documents ere prepared by someone under the directsupervision of the person ho signed and sealed them
ou can seal the or7 of others ampnot under direct supervision provided that you
thoroughly revie the or7 and are illing to accept full responsibility
o not assume responsibility for or7 that is beyond your area of epertise or for or7 that you have not thoroughly revieed for accuracy
PREPARATION AN APPROAL
f one engineer prepared the draing and another engineer must approve itthen 1ot seals should appear on it therise only the approving engineershould seal it
f final draings cover more than one discipline then they should be sealed bythe approving engineer ampchief and by the design engineer for each discipline
ETAILE RAIN$S
The engineer generally has responsibility for a proect as a hole and theengineer-s seal must appear on maor reports specifications or draings thatdescribe the proect ou are not epected to seal every draing but they allmust be prepared under the engineer-s control and supervision and you assume
responsibility for all of them hether they are sealed or not
MASTERS AN PRINTS
The master draings must be complete since they are the maor reference fordesign and construction fabrication
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The time to seal a draing is hen it is approved and released for fabrication orconstruction
ou seal te copies7 not te master That ay the prints can be chec7ed formodifications hen sealed
ETHICAL ISSES
Confidentialit$ The engineer has a clear obligation under the code of ethicsto 7eep affairs of the client confidential
Conflict of Interest here the engineer has an interest that interferes ith the
service oed to the client The engineer must disclose any personal interestthat there may be
Re4ieampin te 5or of Anoter Enineer The engineer should be informed hen his or7 is being revieed but it is not necessary to receive permission todo so The elfare of the client or the general public must come before thepersonal ishes of the engineer
Supplantin 6onvincing the client to fire their engineer and hire you instead isunethical
reac of Contract ampcivil liability a failure to complete the obligations specifiedin a contract ou can get protection for this ampliability insurance
Nelience ampcivil liability a failure to eercise due care in the performance ofengineering There is NO protection for this
ETHICAL PROLEMS OF EN$INEERS IN PRIATE PRACTICE (CASESTIES)
+ ORampIN$ AN OTIN$ ON PLANS FOR A STREET-----
ou cannot vote on hether a proect should be accepted if you are involved inbidding on the proect ou must disclose your involvement and abstain fromvoting and participating in the decision ma7ing process
+ ENORSIN$ A PROCT ON T---
t is seen as unprofessional and a conflict of interest
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0+ LE$AL SETTLEMENT AN EIN$ PAI ON THE OTCOME---
As an epert itness you are giving your professional opinions The amount youma7e ampcontingency ill be dependent upon the outcome of the case Getting
paid this ay is a conflict of interest since there is personal benefit based on theoutcome ou should accept a flat rate fee
3+ ORI$INAL SEALE RAIN$S CHAN$E INSPECTION---
ou don-t sign and seal the originalConly the copies so that modifications areevident f the proect isn-t to original specifications the calculations must bedone from scratch and nothing is to be done until they are complete
4+ RECIN$ OR FEE IF THE OECT HAS ALREA EENESI$NE FOR SOMEONE ELSE EFORE---
Establishing fair and reasonable fees depends on
bull evel of 7noledge and qualifications required
bull ifficulty and scope of the assignment
bull esponsibility that the engineer must assume
bull +rgency ith hich the or7 must be completed
bull Time required
ou should not loer your price to produce a similar design for 6lient = but if
6lient A anted a second building that as the same as the first then a smalldeal could be made
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CHAPTER 89 Te Enineer(s ut$ to Societ$ and te En4ironment
T TO SOCIET8
ou must put the greater good of society ahead of personal gain
The to environmental problems that have accompanied the industrialization ofour society
bull Proliferation of MacineMade Haards +sing highays aircraftnuclear poer toic chemicals more often ma7e it more dangerous
bull eradation of te En4ironment The lifestyle of industrialized nations
requires a high energy usage to maintain it The consumption of fossilfuels and the careless disposal of aste has deteriorated the environment
o 5aste isposal
o Air Pollution SO2 ndash from coal combustion (London) NO x ndash cars (LA) CO
Photochmical oxidants (sun) oon PAN Proxactl
nitrat
o Acid Rain
$amp harmful to fish at amp
o 5ater Pollution
isascausin+ bactria
Or+anic ast dcain+ in th atr
-rtilirs
oxic matrials ( PC) Acidification
0ast hat
A+ricultur ndash ind carris sticids salt frtilirs and
nitro+n to th atr
o Glo1al 5armin and Oone epletion +Greenouse Effect-
CO2 C$ NO2 O1 Chlorofluorocarbons
o Ener$ Conser4ation and Nuclear Poamper
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o Eponential Population Groampt
The good of society is determined on a utilitarian basis D creating the maimumgood for the maimum number of people
=efore reporting an incident to the Association
bull Informal Resolution 3irst the engineer should try to resolve problemsinformally and internally in an open and professional manner
bull Confidentialit$ f it is necessary to report a situation never report it to thepublic or media Alays report it to the Association or proper regulatory body
bull Retaliation ou cannot be fired for reporting a situation ou can file alasuit to recover lost ages and costs
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CHAPTER 88 Enineerin Case Histories
+ THE QEEC RI$E ISASTER
pened in 00 the longest cantilever span in the orld
=ridge as redesigned ith a larger span and the dead eight calculations erenot redone
Then there as a material failure in a bearing casting that temporarily supportedthe central span hile it as being transported and lifted into place
essons earnedbull ou have to have enough money to pay all the people to do their obs
properly for large proects before you start them amp(r 6ooper as not paid nearlyenough to do the etra or7 to redesign nor as he really competent
bull gtire capable competent professionals ampnot old or sic7 that can-t visit the construction site
bull 6learly define duties authorization and responsibility of professionalpersonnel
bull iscuss all design decisions and technical problems openly and listenreceptively amp3or F ee7s the chief engineer tried to contact 6ooper about the strangebending of some steel parts and recommended some changes be madeC6ooper didn-tlisten
bull evie details especially engineering design calculations amp6ooper did not redothe calculations for dead eight after he changed the length of the structure
bull (onitor or7 on the site adequately amp6ooper as too old and sic7 to monitor any ofthe building or fabrication
bull
Ensure that communication is rapid and accurate ampt too7 F ee7s for the chiefengineer to reach 6ooper ith his concerns
bull Provide adequate support staff for good money
+ THE ANCOER SECON NARROS RI$E ISASTER
4une 0H9 to spans of the cantilever bridge collapsed
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t as caused by the faulty design and eventual collapse of a temporary toersupporting the partially completed bridge
The additional time and material needed to reconstruct the damaged portions ofthe bridge
essons earned
bull 6onsulting engineers should recommend alloable stresses for temporaryconstruction support structures
bull The contractor should be required to submit all construction plans andcalculations for approval prior to construction
0+ THE ESTRA MINE ISASTER
(ay th 0B mine ble up and 7illed BI miners
The floor roof and sides of the road should have been cleared and treated ith
stonedust and proper ventilation procedures should have been folloed despitedelayed production
essons earned
bull Production demands resulted in the violation of basic and fundamental safemining practices
bull (anagement ignored or encouraged many hazardous and illegal practicesincluding 0Bhour or7 shifts improper storage of fuel refueling vehiclesunderground using nonflameproof equipment
bull The methane gas from the coal needed to be properly ventilated out of themine
bull Proper permits and changes to the mine plans ere not approved by theproper authorities
bull ritten orders to stonedust and to clean up the mine ere not folloed
3+ THE LO$EPOLE ELL LOOT
ctober 0Jth 0B a sour gas Amoco ell ble out and they could not get itbac7 under control
The initial 7ic7 occurred primarily because drilling practices during the ta7ing ofcores ere not folloed and this combined ith the marginally adequate muddensity used permitted the entry of reservoir fluids into the ellbore
They lost control of the ell and then it started on fire from some (us7eg thatas burning underground
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There ere also some equipment failures that attributed to not being ale tocirculate the 7ic7 out quic7 enough
essons earned
bull Amoco did not apply the necessary degree of caution hile carrying outoperationsbull )eeded to be fully prepared in the event of a fluid influ
4+ THE RE21 MININ$ FRA
The samples had been saltedlt D adding minerals li7e gold here none eist
essons earned
bull The chief geologist had a responsibility to sho due diligence in safeguardingthe core samples and ensuring that the gold assay as properly done Thatthe gold content based on the samples as accurately calculated and thatthe doublechec7s ere made to confirm the results
bull This emphasizes the critical dependence of the mining and resourceindustries on professionals ith high ethical standards
5+ THE CHALLEN$ER SPACE SHTTLE E1PLOSION
n 4anuary B9 09I the accident as caused by hot gases bloing past one ofthe seals in the roc7et boosters The seal had been unable to do its ob properlybecause of the unusually lo temperature in 3lorida on the day of the launch
The manufacturer of the boosters had this information but had decided to goahead ith the launch anyay
essons earned
bull n an enormously large organization it is easy for decision ma7ing to fall
through the crac7s
bull t is very easy for engineers to fall into the comforting belief that they arefolloing a conservative course hen in fact they are deviating intodangerous territory
bull isasters are easy to create D safety comes hard
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lt+ THE C2= PASSEN$ER AIRCRAT ISASTER
n 0JB a cargo door latch failed and the door ble out of a 601 over indsor) and the eplosive decompression of the cargo compartment caused part of
the cabin floor to collapse
This opened a large hole in the bottom of the fuselage and severed most of thehydraulic lines hich caused the loss of control of the rudder and aileronsEveryone landed safely that day
n 0JK another 601 over Paris lost its cargo door The decompression ofthe cargo compartment again caused the cabin floor to collapseL control of theailerons and rudder ere lost and the plane crashed 7illing FKI people
essons earned
bull The 3AA failed in its role of safety atchdog t certified the cargo doordesign in spite of the failure during the ground test Then after the neardisaster over indsor they merely advised the airlines to follo themanufacturer-s service bulletin rather than issuing a directive that ould haverequired all 601-s to be retrofitted
gt+ TO1IC POLLTION8 LOE CANAL MINAMATA HOPAL SR
mproper disposal of toic or environmentally harmful aste
Loe Canal Ne or 7 ioBin
bull n 0HF gtoo7er 6hemical 6orporation dumped over 09111 tons of chemicalaste including dioins until the canal as flat land again
bull Then they donated the land to the =oard of Education but said nothing aboutthe chemicals buried there
bull Eventually the chemicals ere discovered in 0JI and the area asevacuated and treated
bull Total cost of the cleanup as MBH1 million and gtoo7er asn-t liable for any ofit because of their contract hen they donated the land
Minamata a6 apan 7 Mercur6 Poisoninbull n 0FB the 6hisso 6ompany a nitrogen fertilizer company began producing
acetaldehyde (ercury as needed as a catalystbull uring the production process a portion of the mercury as lost D ashed
into the =ay ith the aste aterbull The organic mercury as absorbed by the shell fish and eventually eaten by
people
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bull =y 0IB it as estimated that about B11 people had contracted (inimatadisease
Dopal India 7 MetD6l Isoc6anate
bull n 09K a poisonous cloud of methyl isocyanate gas escaped from the +nion
6arbide plant 7illing thousands of people up to I 7m aaybull The incident happened hen a or7er as cleaning a pipe ith ater and the
ater mied ith the chemicals and over pressured the tan7s causing them torelease the gas
Sudur6 Ontario 7 SulpDur ioBide
bull )ic7el that is mined in ntario is in the form of sulphied ore and cannot be
directly converted into metallic form t must first be smelted D burned toremove the sulphur hich is done in huge open roastslt hich emitted huge
toic clouds of sulphur dioidebull $ulphur ioide hen dissolved in ater became acid rain
bull This devastated the area around the plantL trees are stunted and sparsela7es have no fish no bird life
bull $ince then about F111 hectares have been reclaimed
essons earned
bull Each of these incidents involves ignorance carelessness or incompetenceand most involve an arrogant lac7 of ethical action
bull6onsequences of negligence can be terrifying
+ NCLEAR SAFET
TDree Mile Island
(arch B9 0J a routine maintenance operation a pressure valve stuc7 openalloing radioactive ater to escape from the system for more than B hoursleaving the reactor core partially uncooled
(ore than 0F of the reactor core had melted and fallen to the bottom of thereactor vessel Than7 goodness the molten mass did not burn through thebottom of the reactor to penetrate the ground ater table ampin a cynical version ofthis story the molten mass continues to burn through the interior of the earth untilit emerges in 6hina ampThe 6hina $yndrome
t as not a disaster for the public but the unit as destroyed and the cleanupcost nearly M0 billion
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CDerno6l
April BI 09I reactor number K eploded releasing a huge cloud of radioactive
plutonium cesium and uranium dioide into the atmosphere
Accident occurred during a lopoer test =ecause of the design during loerpoer the ater in the core decreases
To date the number of related deaths is beteen J11101111 They aiteddays even ee7s to admit that it had eploded and they too7 even longer toevacuate the peopleessons earned
bull The possibility of disaster might be very small but it is not zero
bull $uch responsibility should never be treated casually
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CHAPTER 8 Product Safet$7 ltualit$ and ia1ilit$
NE$LI$ENCE AN LIAILIT
Engineers are liable for negligent incompetent or careless acts that result indamages to others including the employer
Engineers are required to use reasonable care established practices and elltested engineering principles
Nelience an act or omission that constitutes a failure to maintain thestandards that a reasonable and prudent practitioner ould maintain in thecircumstances
ITH A CONTRACT8
bull )egligence incompetence or carelessness may be a basis for a lasuit overbreach of contractlt
bull t is good practice to consider all reasonable ays in hich an agreementmay go rong foresee damages and include clauses that specify bonusesfor good results or limits to liability
ITHOT A CONTRACT8 (driin)
bull (ay result in legal liability based on tort la ampinuries or damages
bull To in a claim under tort la the plaintiff must prove
o that the defendant had a duty of care to the plaintiff
o that the defendant breached that dutyo that the loss or damage as a direct result of the defendant-s breach of
duty
iability insurance is a ise investment t is essential for manufacturers thatemploy engineers because of
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0icarious ia1ilit$ the engineer-s employer is liable for any loss or damagethat results from a tort caused by an employee The engineer is protectedfinancially but not from disciplinary action by the Association
PROCT ARRANTIES
5ARRANT= applies to goods and products
bull Epress 5arranties promises that the product has a certain quality or itill perform for a certain period of time
bull Implied 5arranties unstated promises that eist as a matter of common
sense A certain amount of quality or function that is epectedltSTRICT LIAILIT
Product defects and consumer safety the focus is on the product itself and noquestions of negligence arise
A manufacturer may be strictly liable for any damage that results from the use ofhis product even though the manufacturer as not negligent in producing it
G)ARANTEE applies to services and agreements
AICE TO ESI$N EN$INEERS TO AOI PROCT LIAILITIES
bull Formal esin Re4ieamps conceptual feasibility and finalbull Codes and Standards adhere to all government industry and company
standards and codesbull Stateofteart esin Metods ma7e choices that lean toard safety
bull Formal Haard Anal$sis identify hazards try to prevent or eliminate actionplan remedial action
bull Formal Failure Anal$sis 3ailure (odes and Effects Analysis amp3(EA and3ault Tree Analysis amp3TA
bull esin Records 2eep good design records to shoe planning for safety
AICE TO MANFACTRERS
bull ltualit$ Assurance and Testin $ 111
bull Instruction7 5arnin and aner Sins f dangers do eist plan forproper signs to give arnings of danger
bull Instruction Manuals Any product that is dangerous should come ith aservice or instruction manual
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bull 5arranties7 isclaimers and oter Pu1lised Material evie allinformation ith the design engineer and by a products liability layer
bull Consumer Complaints nvestigate claims quic7ly to fi problems early
bull Customer Records gtave good records in case of a recall
OTAININ$ CANAIAN STANARS
6hec7 ith the $tandards 6ouncil of 6anada amp$66 They promote efficient andeffective standardization in 6anada
The $66 manages the )ational $tandards $ystem amp)$$ The )$$ ritestandards certify products test products and register quality systems ofcompanies amp$ 111
The $66 coordinates the 6anadian contribution to $ ampnternational
rganization for standards and E6 ampnternational Electrotechnical 6ommission
ISO === 7 QALIT MANA$EMENT AN QALIT ASSRANCESTANARS
t is a standard for effective management of a manufacturing corporation in orderto maimize the quality of the manufactured products
A 7ey part of the process involves the development of a ualit 3anual thatdocuments the four 7ey aspects of the certification process
bull quality policies for every aspect of the corporation-s operationsbull quality assurance procedures
bull quality process procedures
bull quality proof
ISO 3=== 7 ENIRONMENTAL MANA$EMENT SSTEMS
The process requires the company to eamine every function of its operationsith the goal of identifying activities ith a significant environmental impact andcommitting the company to preventing pollution in all of its many forms
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CHAPTER 8gt isciplinar$ Poampers and Procedures
EFINITION OF PROFESSIONAL MISCONCT
Each Association has the poer to prosecute people ho unlafully practiceprofessional engineering and to discipline licensed engineers ho are guilty ofprofessional misconduct or incompetence
The provincial Acts typically identify I causes for disciplinary action
bull Professional Misconduct Any conduct detrimental to the best interestsof the public or that harms or tends to harm the standing of the profession
generally as unprofessional conduct ampor an act that ould reasonably beregarded as unprofessional
bull Incompetence a lac7 of 7noledge s7ill udgment or disregard for theelfare of the public that demonstrates the member is unfit to carry out theresponsibilities of a professional engineer
bull Nelience carelessness or carrying out or7 that is belo the acceptedstandard of care or performance
bull reac of te Code of Etics
bull P$sical or Mental Incapacit$ this is included as a definition ofincompetence
bull Con4iction of an Offense isciplinary action against a member ho isguilty of an offense that is relevant to the member-s suitability to practice
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ISCIPLINAR PROCESS
hen a complaint of negligence incompetence or professional misconduct ismade against a licensed professional engineer it sets in motion a Fstageprocess of
bull Gathering nformationbull Evaluating the 6omplaint
bull 6onducting a 3ormal gtearing that enders 4udgment
Stipulated Order A simpler form of disciplinary hearing for less serious casesThe decision of guilt or innocence is decided by one representative and the resulthas no appeal process =oth parties agree to the outcome
f a member or licensee should be found guilty the iscipline 6ommittee can
bull suspend or revo7e your licensebull impose restriction on your license
bull require the member to be counseled or reprimanded
bull ma7e you pay cost of investigation or hearing
bull ma7e you rite eams or ta7e courses
bull impose up to a M01111 fine
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CHAPTER 8 Maintainin Professional Competence
Engineers have the privilege of selfregulation a privilege accompanied by acorresponding duty to maintain competence and avoid professionalobsolescence
The process requires engineers ampand engineering corporations to maintaincompetence by
bull enineerin practice or emplo$ment
bull formal education amp+niversity or Association courses
bull informal education ampshort courses or seminarsbull pu1lications
bull participation in enineerin societies
bull 1encmarin ampcomparing your practices against best practices
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CHAPTER 8 Enineerin Societies
The maor purpose of engineering societies is to encourage research into netheories or methods to collect and classify this ne information and todisseminate it to members so that it can be put to good use
The difference beteen an association and a society is that the Associationregulates professional behavior and the $ocieties disseminate engineeringinformation $o you should be a member of both
$ocieties have been established by groups of engineers hose commoninterests are based on
bull discipline
bull product
bull facility
bull evaluation
bull function
bull environment
bull language
bull geographical area
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THE CONCEPTS OF PROFESSIONALISM
PROFESSION
bull A learned calling ith specialized 7noledge
bull Performs services ith advanced 7noledge s7ill and udgment in hich
the public trusts
bull gtas public obligation and performs services in the general public interest
bull s bound by an ethical code in its relationship ith the public clientsemployees and colleagues
bull Accepts responsibility to regulate professional members and professionalservices provided to clients and the public
Engineering is a profession that is selfo4ernin and has the authority todiscipline members ho fail to comply ith proper standards of practice andconduct
The engineering profession is
bull highly organized
bull minimum standards of admissionbull regulate the activities of their members amps7illed practice and ethical conduct
bull promote the advancement of 7noledge
Professionals depend on the confidence ofbull the client or employer
bull the public
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ECEENCE
A shared commitment ith your peers to strive for ecellence
ETHICS
Ethics deals ith voluntary actions ta7en by an individual ith sufficient7noledge of options available
The COE OF ETHICS shapes the practice in to important aysbull provides a commonest of values hich offers a reliable professional
product to the public
bull professional relationship of trust ith the public is fundamental
APE$$A COE OF ETHICS
Professional Engineers shall recognize that professional ethics is founded uponintegrity competence dignity and devotion to service
8 P En sall old paramount7 te ealt7 safet$ and ampelfare of te pu1lic and en4ironment
bull They have an obligation to report conditions hich present an
immediate threat to safety health elfare or the environment
bull t should first be reported to the professionals involved then to
corporate or regulatory authorities
PEn sall undertae onl$ ampor tat te$ are competent to perform 1$teir trainin and eperience
bull Professional members should ensure to the best of their ability thatstatements on engineering matters attributed to them properly reflecttheir professional opinion
Stampin and Sinin ocuments8
bull Professionals shall only stamp and sign documents that they haveprepared or that have been prepared under their direct supervision andcontrol
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bull hen or7 is prepared by others they shall only stamp and sign afterhaving thoroughly revieed the or7 and accepted responsibility for it
bull Engineers ho apply their seals or stamps to reports plans or otherdocuments are stating that they understand and are in agreement ith
these documents
bull The absence of a seal or stamp does not necessarily indicate that aprofessional member has not revieed the document not does itrelieve the member from professional or legal responsibility if it can beshon that he or she as involved ith the or7
B P En sall conduct temsel4es ampit interit$7 onest$7 fairness ando1ecti4it$ in teir professional acti4ities
bull A client-s or employer-s interests should be held in high regard gtoeverthe folloing duties ta7e precedencelt
o duty to protect public safety
o duty to the professions under the 6ode of Ethics
o duty to act fairly to all parties hen administering a contract on
behalf of a client or employer
bull Professionals should 7eep confidential all information that is acquired inthe course of their professional duties and that concerns the businessaffairs of present or past clientsemployees
gt PEn sall compl$ ampit applica1le statutes7 reulations and 1$laamps inteir professional practice
bull Professionals should maintain adequate 7noledge of the la relating totheir area of practice
bull esponsible n4ironmntal mana+mnt comutr softar anddiscrimination are a fe of the subects covered under this ule
PEn sall upold and enance te onor7 dinit$7 and reputation of teir professions7 and te a1ilit$ to ser4e te pu1lic interest
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bull Advertisements proposals and presentations should be factual clearand dignified
bull A professional should be careful to give due credit to others
bull nly revie the or7 of another professional hen they have beeninformed unless there is a confidentiality agreement to the client
bull gtelp ET-s
APE$$A COE OF ETHICS
0 P Eng shall hold paramount the DealtD safet6 and elfare of tDe pulic and enironment
B PEng shall underta7e only or tDat tDe6 are competent to perform bytheir training and eperience
F P Eng shall conduct themselves ith interit6 Donest6 fairness and
oGectiit6 in their professional activities
K PEng shall compl6 itD applicale statutes reulations and 62las intheir professional practice
H PEng shall uphold and enhance the Donor dinit6 and reputation of their professions and the ability to sere tDe pulic interest
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COPRI$HTS
9RiDt to cop6
nly the oner of the or7 is alloed to reproduce the or7 or permit others tocopy it
Plaiarism is copying someone else-s or7 and claiming it as your on
Fair ealin +se or reproduction of or7 for private study research criticismrevie or nes reporting
Cop6riDts appl6 to8bull iterar$ ampors boo7s poems pamphlets computer programs
bull ramatic ampors films videos plays scripts
bull Musical ampors compositions ampords and music
bull Artistic ampors paintings draings maps photos sculptures architects
Also to8bull Performer(s performances actors musicians dancers
bull Communication Sinals broadcasters
bull Sound Recordins
6opyright is restricted to the epression in a fied manner amptet recordingdraing of an ideaL it does not etend to the idea itself
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3acts ideas and nes are all considered public property
6opyright does apply tobull $ong
bull )ovel
bull Playbull (agazine article
bull 6omputer program
bull ideo 6assettes (ovies
6opyright does NOT apply tobull $ong titlebull Plot ideabull Play of gtamletbull 3acts in an articlebull )ame of a computer programbull (a7ing a copy of a musical tape amproyalties have been paid already
bull 6opies for educational institutions ampcan 7eep radio and nes tapes for 0 year
bull )onprofit libraries archives and museumshen you create a or7 you automatically have copyright protection providedthat at the time of creation you ere a 6anadian 6itizen or a resident in a countrythat participates in 6opyright rules
Autorsip The person that creates the or7
Oampnersip f you are the creator of the or7 you on the copyright f you
create a or7 hile employed the copyright belongs to the employer ou canlegally transfer your rights to someone else then they on the copyright
uration 6opyright ampintellectual property lasts for the life of the author N H1years
Moral Rits Even if you sell your copyright you still retain moral rightsltThis means that no one including the person ho ons the copyright candistort mutilate or modify your or7 ampchange the ending use for a commercial etc
(oral rights eist for the same length as the copyrightou cannot sell or transfer your moral rights but you can aive them
RE$ISTRATION OF A COPRI$HT
ou do not have to register a copyright to have protection in 6anada
f you choose to register ith the copyright office you receive a certificate hichcan be used to your advantage if your or7 is infringed t is evidence that it is
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your or7 and you are the oner n a dispute you do not have to proveonership
ou send the application to the 6opyright office and you do not send your or7in ou may need to send a copy to the )ational ibrary of 6anada but the
6opyright office doesn-t revie your or7 at all
There is no requirement to mar7 your or7 under the 6opyright Act ou canmar7 it li7e this
)ame ear copy e 4ane oe 09I copy
ou can use this format even if you have not registered your or7
The 6opyright ffice is not responsible for ensuring that your copyright is notbeing infringedCCthis is your ob ou have to launch legal action yourself and
the courts are left to decide
Assinment As the oner you may decide i4e up part or all of $our rits toanother party The assignment may be for the hole term or for ust a certainpart of the term
icense ou as the oner give someone else permission to use your or7 forcertain purposes and under certain conditions but you still retain onership oudo not i4e up $our rits
Ro$alties (oney paid to the copyright oner as commission for sales of theiror7 or permission to use them
Tariffs $et fees that users must pay for using certain copyright material
Collecti4es an organization that collects royalties on behalf of its members
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TRAEMARampS
A trade2mar is a ord symbol or design to distinguish the products or servicesof an organization or person from others t can also represent a reputation
Ordinar$ Mars ords or symbols that distinguish your product or service ampe Giddy+p
Certification Mars identify ares or services that meet a defined standardThey are oned by one person but licensed to others to identify ares orservices hich meet a defined standard ampe oolmar7 APEGGA seal
istinuisin uise identifies the unique shape of a product or its pac7ageampe eggs Egg
A trade name is the name under hich you conduct your business The tradename can be registered under the Trade(ar7s Act only if it is also used as aTrademar7 ampto identify products or services
RE$ISTERIN$ A TRAE2MARamp
The Reistered Trade2Mar is one that is entered on the Trademar7s registerou are not required to register your trademar7 if you use it for a certain lengthof time you can establish onership by 6ommon a
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bull egistration of your trademar7 gives you the eclusive right to use the mar7across Canada for 8 $ears then you have to rene it
bull t is recommended that you register your Trade(ar7 in case someone elsetries to use it
bull f you fail to use the mar7 for an etended period your registration may becancelled
bull ou can register a trademar7 by filing an application for registration ith theTrademar7s ffice our trade2mar must e used in Canada efore itcan e reistered+
RE$ISTRATION QALIFICATIONS
bull 6annot be primarily your full name or surname ampunless you can prove it is already
identified
bull ou may not register a ord that clearly describes a feature of the product orservice ampseet uicy
bull The ord cannot be clearly misleading ampdeceptively misdescriptive ampe sugarseet if it has no sugar
bull ou may not register a ord that clearly designates the place of origin of theproduct or service or if it misleads the public into thin7ing that the productcomes from there ampParis 3ashions Atlantic 6od but you can use )orth Pole =ananasbecause no one ould epect them to come from there
bull ou can use a disclaimer statement indicating that you are not claimingeclusive rights for certain ords appearing in the trademar7 n this ayyou can use clearly descriptive ords hich are unregisterable on their onampce 6ream in =ob-s ce 6ream
bull )ames of products in other languages cannot be registered ampurstlt is Germanfor sausage
bull 6annot be registered if it consists or a plant variety denomination
bull ou cannot use ords symbols sounds or ideas that are confusingly similar
to a registered trademar7 or a pending mar7 amp2ing og 3ood and 2ing 6at 3oodould be refused
bull ou cannot register a trademar7 that resembles certain official symbolsunless you have the consent of the authority in question
o fficial government symbols
o 3amily coats of arms
o =adges and crests or 6(P
o Emblems and names of ed 6ross or +)
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o 3lags of other countries
o $ymbols of provinces
=efore you try to register your trademar7 do a search and include trade namesas ell
After you have a registered trademar7 to 7eep it you mustLbull Pay the registration fees every 0H years
bull +se the trademar7 in 6anada or it ill be epunged
Assinment to sell or transfer your rights to a trademar7 to another party
Marin ReDuirements The Trade(ar7s Act does )T have anyrequirements but many oners indicate their registration through the folloingmar7s
983214 O registered trademar7
991522 O trademar7$( O service mar7
The Trade(ar7 ffice ill prevent anyone else from registering your trademar7but it is your responsibility to monitor the mar7etplace and ta7e legal action ifsomeone is using your trademar7
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PATENTS
A patent is
bull A document protecting the rights of the inventor
bull A repository of useful technical information for the public
The idea is to promote the sharing of technological information hile giving you amonopoly on your creation
ith a patent the government gives the inventor the right to eclude others fromma7ing or selling your invention
The invention is protected from the day the patent is granted to a maimum of =6ears after the day you filed your application
The Patent ffice then epects you to provide a full description of your inventionso that all 6anadians can benefit from this technology They allo your
application to be open gt montDs from the filing date during the con4ention priorit$ date
Patent applications are made pulic gt montDs after the 6anadian 3iling ate
ou must obtain a valid patent ithin 8 $ear of main te product pu1lic
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A 6anadian patent is only etended throughout 6anada ou must apply forpatent rights in other countries separately
t is important to 7eep your invention secret until your first patent application isfiled in order to preserve your rights to file later in most foreign countries
3or an invention to be patented it must be
bull NO0ET= 3irst in the orld
bull )TIIT= 3unctional and operative
bull INGEN)IT= $ho inventive ingenuity and not be obvious to someones7illed in that area
The folloing items are patentable
bull Product ampdoor loc7
bull A composition ampchemical composition li7e lubricant
bull An apparatus ampmachine to ma7e door loc7s
bull A process ampmethod
bull An improvement on any of these
The idea alone is not patentable t must be reduced to something physical
ou CANNOT patentbull A scientific principle
bull An abstract theorem
bull An idea
bull A method of doing businessbull A computer program
bull A medical treatmentn 6anada patents are given to the first inventor to file an application
f you invent something hile or7ing for an employer on the employer-s timeith the employer-s materials at the epense of the employer the inventionrights still belong to you unless you have been hired by the company to inventpatentable inventions
PATENT APPLICATION
+ $et a Patent Aent
+ Preliminar6 SearcD
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bull ou can do a preliminary search in the online database or visit the Patentffice in person
0+ Preparin tDe Patent Application
bull A patent application must consist ofo a1stract ampbrief description
o specification ampclaims and boundaries of protection
o draampins
3+ File 6our Application4+ Reuest eBamination5+ EBaminer does searcD and approes or oGects+lt+ Respond to an6 oGectionsgt+ Patent ranted or oGected+
CONENTION PRIORIT
(any countries belong to the Paris 6onvention for the Protection of ndustrialProperty
This treaty allos you to invo7e convention prioritylt hich means that your filingdate in one member country ill be recognized by all others provided you file inthose countries ithin the first year
ampe if you file in 6anada in 4anuary B111 you could file up to one year later in most countriesamp4anuary B110 and still receive the same rights as if you filed in B111
PATENT COOPERATION TREAT (PCT)
t provides a standardized international filing procedure for foreign patents hichis shared by our principal trading partners including the +$ 4apan and mostEuropean countriesou may file for a patent in as many as 01I member countries through a singleapplication filed in 6anada
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INSTRIAL ESI$N
An Industrial esin is the features of shape configuration pattern or ornamentapplied to a finished article made by hand tool or machine ampappealing to the eye
There is no time limit for filing an application as long as the design has neverbeen published ampmade public to anyone
ou must file ithin 6ear of going public ith your design or you ill lose youreclusive rights to the design
The advantage of registering your industrial design is that it gives you eclusive
right to your design for up to = 6ears from tDe date of reistration
+nless you register your design you can ma7e no legal claim of onership andhave no legal protection from imitation
nly the proprietor ampcreator of the design may obtain registration unless youhave been hired to develop a design Then the hirer is the proprietor
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Trade Secret industrial 7noho or valuable information acquired by abusiness t could be a
bull formula
bull pattern
bull device
bull compilation of info used to give you an advantage over the competitors
ou cannot registerbull That don-t have visual appeal
bull 3eatures that are hidden from vie or too small to appeal to the eye
bull A method of construction
bull An idea
bull (aterials used in construction
bull 3unction of an article
bull 6olor
ESI$N RE$ISTRATION
The application ill includebull Application forms ampdescription
bull At least one draing or photograph
bull 3ees
The process ill include
bull nitial processing
bull Eamination
bull egistration
ou do not have to mar7 your design in order to indicate that it is registered butmar7ing it gives you etra protection
As proprietor you may ta7e legal action against anyone ho infringes on yourdesign in 6anada but you must ta7e action ithin F years of the incident
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An 9assinment occurs hen you sell all or part of your rights in the designpermanently to another party
ou can 9license another user to allo someone else to use your design but
you still retain onership
To have your design protected in other countries you must apply separately ineach country
ou have 5 montDs to file for 9conention priorit6+ampe you apply to register in 6anada in 4anuary B111 then you have until 4uly B111 to file in other 6onvention countries and receive the same rights as if it ere 4anuary B111
LA FOR PROFESSIONAL EN$INEERS OOamp
CHAPTER 8 Te Canadian eal S$stem
The legal system of 6anada is based on the English common2lalt system andthe English courts of euit6lt system ampudgemade la and is calledCOMMON2LAlt
The 3ederal 6ourt of 6anada has urisdiction over federal matters such aspatents trademar7s and copyrights
Pu1lic aamp deals ith the rights and obligations of government ampcriminal and6onstitutional la
Pri4ate aamp deals ith the rights and obligations of individuals or private organizations ampCONTRACT AN TORT LA
Termsbull itigation lasuit
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bull Plaintiff party bringing the actionbull efendant party defending the actionbull Appellant party appealing the decisionbull espondent party see7ing to uphold a decisionbull Privity of contract legal relationship beteen parties to a contract
bull 6reditor party to hom an amount is oingbull ebtor party that oes an amount to creditor bull $uarantee A guarantees = the debt of 6omp amphen = doesn-t get paid
= goes to 6omp first then to A
bull Indemnification a promise to directly compensate or reimburseanother party for a loss or cost incurred f Aindemnifies = the debt of 6omp amphen = doesn-t get paid =goes directly to A
CHAPTER usiness Oraniations
Sole Proprietorsip an individual carries on business by and for himself andalso enoys the profits and incurs any losses personally
Partnersip an association of persons ho conduct business in common ith avie to profit ndividuals or organizations share profits and losses
Corporation an entity unto itself distinct from its oners ampfictitious personThe corporation itself ons its assets and incurs its on liabilities
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CHAPTER B International Considerations
t is etremely important to obtain advice from an appropriately eperiencedlayer in the foreign country or have the advice of a consultant in that countryt is ise to purchase political ris7 insurance and to use careful udgment together ith a local influential partner
$ome potential ris7s of or7ing internationally are
bull Political Ris is one of the more obvious ris7 factors in or7inginternationally The 6hanges in government can lead to significant policychanges
bull Licensin reuirements and obtaining necessary permits and approvalsin a foreign country under different legal systems can be timeconsuming
bull Financial Riss due to currency echange and controls or restrictions onthe transfer of funds out of the country
bull Contract documents and forms used on proects may be different
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CHAPTER gt Tort ia1ilit$
Tort8 generally refers to a private or civil rong or inury one that involvesnegligence and that may arise independently of contract ampcar driver and victim
amphich includes financial loss hen based on a professional-s opinion
The fundamental purpose of tort la is to compensate ictims of tortsPunishment of negligent rongdoers IS NOT a purpose of tort la
Professional liability insurance should provide protection if an engineer-snegligence results in damage arising in tort
n order to satisfy the courts that compensation should be made the plaintiff in atort action must prove that
bull The defendant oed the plaintiff a duty of care
bull The defendant breached that duty by his conduct
bull The defendant-s conduct caused the inury to the plaintiff
f any 0 of these F aspects is not proven to the satisfaction of the courts theplaintiff ill not in
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A significant factor in a tort action is the establishment of the standard of carerequired of the defendant
The standard is applied based on the premise that engineers have a duty to use
the reasonable care and s7ill of engineers of ordinary competence Thereasonable carelt is measured by applicable professional standards of theengineering profession at the time the services ere performed
Strict ia1ilit$ manufacturers and employers are held strictly liable hen faultis not necessary if compensation is to be provided ampnot yet upheld in 6anadaampe All employees ma7e contributions on behalf of employees and if someone is inuredcompensation is provided ith no finding of faultampe A manufacturer may be strictl6 lialelt if for any damages that result from the use of theirproduct
0icarious ia1ilit$ The employer is responsible for damaged caused by its
employees The employer provides compensation because it is presumed thatthe employer is in a better financial position than the employee
Concurrent Tortfeasors hen more than one party is liable in a tort actionThe defendant-s together are called concurrent tortfeasors
Products ia1ilit$ The plaintiff must be able to establish that damage hasclearly resulted from appropriate use of a product and the defendantmanufacturer must then persuade the court that at the time the manufacturercould not have foreseen the defective nature of the goods manufactured6anada has not yet ta7en a strict liability approach on products as the +$ has
Products liability has developed through principles of both contract la and tortla The tort concept of fault has been applied and implied contractualarranties that the product is effective and the contract of a sale must also eist
n productsliability matters economic losses ampin the absence of physical inurymay in some circumstances be recoverable
Standards of Care and ut$ to 5arn A manufacturer must arn theconsumer of any dangerous potential of the product by appropriate labeling
Oter Tortsbull Tort of defamation8 ampif the statements that damage the reputation are true there is
no liability
o ibel D in riting
o $lander D verbal
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bull Occupiers Liailit68 The occupier of a property must eercise therequired standard of care to ensure the safety of individuals coming ontothat property
bull Tort of Nuisance8 esigned to alleviate undue interference ith the
comfortable and convenient enoyment of the plaintiff-s landampe insecticide spray drifting onto other land
CHAPTER Proof
The burden of proof is on the plaintiff to prove the case against the defendant
Engineers often find themselves ma7ing appearances as eBpert itnesses incourt
The epert is permitted to epress opinions ith respect to his or her area ofepertise and the itness should be cautious and restrict testimony to such
area
ou ill be hired by one side and crosseamined by counsel from the otherparty
Preparation is of the utmost importance in litigation The epert itness shouldclearly understand the issues in the lasuit and be aare of the scope ofquestions that can be reasonably epected
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CHAPTER 28 Contracts
3or a contract to be binding and enforceable the folloing elements must bepresent
bull An offer made and accepted
bull (utual intent to enter into the contract
bull 6onsideration or offer ampan echange of promises each promise representing
something of valueCpayment of money is not essential
bull 6apacity to contract ampcan-t be a minor drun7 or crazyCenforceable by the drun7 if
the other party 7ne they ere intoicatedbull aful purpose 6ontract on-t be enforced if it is unlaful
An offer is a promise made by one person to another
)ot all contracts are in riting
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+ntil it is accepted the offer may be ithdran by the offeror unless it is madeepressly irrevocable by its terms
Irre4oca1le Offers =idders submit offers or tenders that have been madeirrevocable for a specific period of time At any point during that period the offer
may be accepted and a contract ill be formed
Option Contract This contract is another means of 7eeping an offer open for acertain period of timeampe The party purchasing the option may ant do eploration or7 for a period of time beforedeciding to spend a large sum of money on the property
EDuita1le Estoppel A udge can stoplt the strict terms of a contract from beingfolloed if it is proven that the terms had changed outside of the agreementampoften used hen etensions to deadlines are agreed upon and then the person tried to go bac7to the original ritten contract
Pursuant to contract la consideration ampor a seal must be present in order toma7e a change to a contract enforceable D otherise it is ust a promise not laThe courts protect the person in the situation here a promise is ta7en as fullagreement
Statute of Frauds Ensures that certain types of contracts must be in riting tobe enforceable
Rectification This order can be applied for to rectify a contract because of asecretarial or recording mista7e
)nilateral Mistae A mista7e made by only one party to a contract 6ourts illdecide hether a contractor ill be relieved of their mista7e
CHAPTER 8 Tenderin Issues Contract A
a of tendering in 6anada gives the principle that there are B separatecontracts that arise in the tendering process
0 Contract A D the contract of irrevocability ampthat deals ith the tenderingphase
B Contract D the construction contract ampapplies to the construction phase
The number of number of tenders submitted is the number of 6ontract A-s thatare formed
The original tender pac7age contents cannot be changed ithout notifyingeveryone or you are in =reach of 6ontract A
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CHAPTER 82 Contract Interpretation
Parties to a contract sometimes dispute the meaning of part of the contract Todifferent approaches can be ta7en hen interpreting contracts
bull i1eral Approac ta7es into account the intent of the parties and maylead to speculation on that intent
bull Strict Approac focuses on the precise ords in the agreement andmay rely on dictionary meanings
Contra Preferentem hen a contract is ambiguous or unclear it ill beinterpreted against the person that rote it up
Parol E4idence Rule hen verbal agreements outside of the ritten contractare included as rule in a contract n most cases if a condition is agreed uponverbally but is not included in the contract then the condition is not part of thecontract
Implied Terms hen the inclusion of obvious terms of a contract have beenoverloo7ed here it is reasonable implied terms may eist in a contract
CHAPTER 83 iscare of Contracts
There are several ays to discharge a contract
bull Performance hen all parties have completed their respectiveobligations the contract is at an end
bull Areement to iscare Parties in a contract are alays free to amend
the contract or agree to cancel or terminate the contract upon mutuallyagreed terms
bull iscare Pursuant to Epress Terms t is advised to include in acontract terms here all parties may terminate the contract if certainoutside events ere to occur ampe ban7ruptcy
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bull iscare 1$ Frustration hen changing unforeseeablecircumstances occur that may radically change the obligations of theparties
o Force Maeure Provides that the time for completion ill beetended in the event of ar riot flood labor dispute or other
events that are beyond the control of both parties
bull iscare 1$ reac of Contract ne party fail to perform obligations
o iscare 1$ Repudiation hen the party to a contract
epressly tells the other party that they have no intention ofperforming contractual obligations
CHAPTER 86 reac of Contract
f a party to a contract fails to perform obligations specified in the contract thenthat party has breached the contract
The innocent party is entitled to certain remedies depending on the nature of thebreach and the terms of the contract
Condition an obligation that is essential or vital to the contract5arrant$ an obligation that is NOT essential or vital to the contract
A =reach of 6ontract is a cause for discharge only if its effect is to render itpurposeless for the innocent party to proceed further ith performance
Repudiation hen the party to a contract epressly tells the other party thatthey have no intention of performing contractual obligations
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REMIIES
A nondefaulting party is entitled to damages for losses incurred as a result of abreach of contract
irect amaes Actual calculated difference in the cost of having to chooseone service over the other ampthe loest bid is chosen and then they refuse to do the or7so the second loest bid is chosen and the party sues for the monetary difference beteen theloest and second loest bid
Indirect amaes Are consequential to the breach and might include damagesfor lost profits or damages incurred if the contract is not fulfilled
iDuidated amaes Are preestimated damages if certain events ere tooccur that are ritten into the contract under a Penalty 6lause
ltuantum Meruit hen services have been requested and performed but nooutside agreement as reached beteen the parties as to hat payment ouldbe provided in return for the services then the courts can aard the person ithas much as is reasonably deservedlt for time spent and materials supplied
Su1stantial Compliance hen a contractor has substantially complied iththe terms of a contract yet failed to comply ith some minor aspect of thecontract The contractor ill be paid the contract price minus the cost ofdamages caused by the minor problems
Specific Performance hen the courts require a party to perform a contractual
obligation li7e the sale of land or a personal item
Inunction A court order that prohibits or restrains a party from performing anactCHAPTER 9 Fundamental reac
Applies to a contract that contains an eemption clause amphere parties limit theirliability if a breach of contract results and ma7es the eemption ineffective
CHAPTER 8 Areement etampeen Client and Enineer
A contract beteen a client and an engineer must include all of the essentialcontract elements
The document ill not specify the degree of care that is required of the engineerin carrying out the services =ut the engineer is liable for incompetence
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carelessness or negligence that results in damages to the client and for notperforming ith an ordinary and reasonable degree of care and s7ill
CHAPTER Concurrent ia1ilit$ in Tort and Contract
+nless otherise stated in a contract the standard of care epected of anengineer doing a ob is the same standard of care by hich an engineer-sperformance is measured in tort
3or a breach of contract there is a limitation period of I years from date of thebreach in hich to press charges instead of hen it is discovered
n tort the limitation period in hich to press charges starts hen the damagesare first detected
CHAPTER 3 Ar1itration and AR
A lasuit is not alays the best ay to resolve a dispute beteen contractingparties especially technical disputes
Ar1itration or Alternati4e ispute Resolution +AR- t is less costly and lesspublic than litigation
An engineer that is an arbitrator is epected to act impartially and independentlyof the parties to the dispute
The Arbitration Act deals ith the appointment of an arbitrator and sets out astructure or set of rules to govern the conduct of an arbitration unless the partiesagree that some other structure or rules ill apply
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The Act also gives arbitrators the urisdiction to aard preudgment and post udgment interests ust li7e the courts have under the 6ourts of 4ustice Act
Partnerin intended to respond to the need for improved attitudes amongstindustry participants to the importance of teamor7 on proects
This cooperative attitude should assist in resolving proect disputes at an earlystage
) TGAT) and A=TAT) result in a 4+G(E)T TgtAT $=))G
Proect Neutral (proGect manaement oerie) The companies appoint a
proect neutral usually an independent professional eperienced in the industryto be aare of developments on the proect ith a vie to offering unbiasedadvice and decisions
Mediation esolving disputes through the negotiating process involving amediator ho is to provide guidance and to facilitate the settlement process agobeteenlt in communicating proposed settlements
There is no udgmentL the parties need to or7 out their differences
CHAPTER BB Industrial Propert$
Industrial Propert$ Rits ights that generally relate to patents trademar7scopyrights and industrial design
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(ost documents state that they ere prepared or ceced and appro4ed bythe person ho sealed them
The seal is legal because it indicates that the person accepts responsibility forthe accuracy of the documents and implies that the person has a thorough
7noledge of the proect to hich the documents relate
o not seal anything that you are not illing to accept full responsibility for
9CHECampIN$ EN$INEERIN$ OCMENTS
Ceced the documents ere prepared by someone under the directsupervision of the person ho signed and sealed them
ou can seal the or7 of others ampnot under direct supervision provided that you
thoroughly revie the or7 and are illing to accept full responsibility
o not assume responsibility for or7 that is beyond your area of epertise or for or7 that you have not thoroughly revieed for accuracy
PREPARATION AN APPROAL
f one engineer prepared the draing and another engineer must approve itthen 1ot seals should appear on it therise only the approving engineershould seal it
f final draings cover more than one discipline then they should be sealed bythe approving engineer ampchief and by the design engineer for each discipline
ETAILE RAIN$S
The engineer generally has responsibility for a proect as a hole and theengineer-s seal must appear on maor reports specifications or draings thatdescribe the proect ou are not epected to seal every draing but they allmust be prepared under the engineer-s control and supervision and you assume
responsibility for all of them hether they are sealed or not
MASTERS AN PRINTS
The master draings must be complete since they are the maor reference fordesign and construction fabrication
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The time to seal a draing is hen it is approved and released for fabrication orconstruction
ou seal te copies7 not te master That ay the prints can be chec7ed formodifications hen sealed
ETHICAL ISSES
Confidentialit$ The engineer has a clear obligation under the code of ethicsto 7eep affairs of the client confidential
Conflict of Interest here the engineer has an interest that interferes ith the
service oed to the client The engineer must disclose any personal interestthat there may be
Re4ieampin te 5or of Anoter Enineer The engineer should be informed hen his or7 is being revieed but it is not necessary to receive permission todo so The elfare of the client or the general public must come before thepersonal ishes of the engineer
Supplantin 6onvincing the client to fire their engineer and hire you instead isunethical
reac of Contract ampcivil liability a failure to complete the obligations specifiedin a contract ou can get protection for this ampliability insurance
Nelience ampcivil liability a failure to eercise due care in the performance ofengineering There is NO protection for this
ETHICAL PROLEMS OF EN$INEERS IN PRIATE PRACTICE (CASESTIES)
+ ORampIN$ AN OTIN$ ON PLANS FOR A STREET-----
ou cannot vote on hether a proect should be accepted if you are involved inbidding on the proect ou must disclose your involvement and abstain fromvoting and participating in the decision ma7ing process
+ ENORSIN$ A PROCT ON T---
t is seen as unprofessional and a conflict of interest
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0+ LE$AL SETTLEMENT AN EIN$ PAI ON THE OTCOME---
As an epert itness you are giving your professional opinions The amount youma7e ampcontingency ill be dependent upon the outcome of the case Getting
paid this ay is a conflict of interest since there is personal benefit based on theoutcome ou should accept a flat rate fee
3+ ORI$INAL SEALE RAIN$S CHAN$E INSPECTION---
ou don-t sign and seal the originalConly the copies so that modifications areevident f the proect isn-t to original specifications the calculations must bedone from scratch and nothing is to be done until they are complete
4+ RECIN$ OR FEE IF THE OECT HAS ALREA EENESI$NE FOR SOMEONE ELSE EFORE---
Establishing fair and reasonable fees depends on
bull evel of 7noledge and qualifications required
bull ifficulty and scope of the assignment
bull esponsibility that the engineer must assume
bull +rgency ith hich the or7 must be completed
bull Time required
ou should not loer your price to produce a similar design for 6lient = but if
6lient A anted a second building that as the same as the first then a smalldeal could be made
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CHAPTER 89 Te Enineer(s ut$ to Societ$ and te En4ironment
T TO SOCIET8
ou must put the greater good of society ahead of personal gain
The to environmental problems that have accompanied the industrialization ofour society
bull Proliferation of MacineMade Haards +sing highays aircraftnuclear poer toic chemicals more often ma7e it more dangerous
bull eradation of te En4ironment The lifestyle of industrialized nations
requires a high energy usage to maintain it The consumption of fossilfuels and the careless disposal of aste has deteriorated the environment
o 5aste isposal
o Air Pollution SO2 ndash from coal combustion (London) NO x ndash cars (LA) CO
Photochmical oxidants (sun) oon PAN Proxactl
nitrat
o Acid Rain
$amp harmful to fish at amp
o 5ater Pollution
isascausin+ bactria
Or+anic ast dcain+ in th atr
-rtilirs
oxic matrials ( PC) Acidification
0ast hat
A+ricultur ndash ind carris sticids salt frtilirs and
nitro+n to th atr
o Glo1al 5armin and Oone epletion +Greenouse Effect-
CO2 C$ NO2 O1 Chlorofluorocarbons
o Ener$ Conser4ation and Nuclear Poamper
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o Eponential Population Groampt
The good of society is determined on a utilitarian basis D creating the maimumgood for the maimum number of people
=efore reporting an incident to the Association
bull Informal Resolution 3irst the engineer should try to resolve problemsinformally and internally in an open and professional manner
bull Confidentialit$ f it is necessary to report a situation never report it to thepublic or media Alays report it to the Association or proper regulatory body
bull Retaliation ou cannot be fired for reporting a situation ou can file alasuit to recover lost ages and costs
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CHAPTER 88 Enineerin Case Histories
+ THE QEEC RI$E ISASTER
pened in 00 the longest cantilever span in the orld
=ridge as redesigned ith a larger span and the dead eight calculations erenot redone
Then there as a material failure in a bearing casting that temporarily supportedthe central span hile it as being transported and lifted into place
essons earnedbull ou have to have enough money to pay all the people to do their obs
properly for large proects before you start them amp(r 6ooper as not paid nearlyenough to do the etra or7 to redesign nor as he really competent
bull gtire capable competent professionals ampnot old or sic7 that can-t visit the construction site
bull 6learly define duties authorization and responsibility of professionalpersonnel
bull iscuss all design decisions and technical problems openly and listenreceptively amp3or F ee7s the chief engineer tried to contact 6ooper about the strangebending of some steel parts and recommended some changes be madeC6ooper didn-tlisten
bull evie details especially engineering design calculations amp6ooper did not redothe calculations for dead eight after he changed the length of the structure
bull (onitor or7 on the site adequately amp6ooper as too old and sic7 to monitor any ofthe building or fabrication
bull
Ensure that communication is rapid and accurate ampt too7 F ee7s for the chiefengineer to reach 6ooper ith his concerns
bull Provide adequate support staff for good money
+ THE ANCOER SECON NARROS RI$E ISASTER
4une 0H9 to spans of the cantilever bridge collapsed
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t as caused by the faulty design and eventual collapse of a temporary toersupporting the partially completed bridge
The additional time and material needed to reconstruct the damaged portions ofthe bridge
essons earned
bull 6onsulting engineers should recommend alloable stresses for temporaryconstruction support structures
bull The contractor should be required to submit all construction plans andcalculations for approval prior to construction
0+ THE ESTRA MINE ISASTER
(ay th 0B mine ble up and 7illed BI miners
The floor roof and sides of the road should have been cleared and treated ith
stonedust and proper ventilation procedures should have been folloed despitedelayed production
essons earned
bull Production demands resulted in the violation of basic and fundamental safemining practices
bull (anagement ignored or encouraged many hazardous and illegal practicesincluding 0Bhour or7 shifts improper storage of fuel refueling vehiclesunderground using nonflameproof equipment
bull The methane gas from the coal needed to be properly ventilated out of themine
bull Proper permits and changes to the mine plans ere not approved by theproper authorities
bull ritten orders to stonedust and to clean up the mine ere not folloed
3+ THE LO$EPOLE ELL LOOT
ctober 0Jth 0B a sour gas Amoco ell ble out and they could not get itbac7 under control
The initial 7ic7 occurred primarily because drilling practices during the ta7ing ofcores ere not folloed and this combined ith the marginally adequate muddensity used permitted the entry of reservoir fluids into the ellbore
They lost control of the ell and then it started on fire from some (us7eg thatas burning underground
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There ere also some equipment failures that attributed to not being ale tocirculate the 7ic7 out quic7 enough
essons earned
bull Amoco did not apply the necessary degree of caution hile carrying outoperationsbull )eeded to be fully prepared in the event of a fluid influ
4+ THE RE21 MININ$ FRA
The samples had been saltedlt D adding minerals li7e gold here none eist
essons earned
bull The chief geologist had a responsibility to sho due diligence in safeguardingthe core samples and ensuring that the gold assay as properly done Thatthe gold content based on the samples as accurately calculated and thatthe doublechec7s ere made to confirm the results
bull This emphasizes the critical dependence of the mining and resourceindustries on professionals ith high ethical standards
5+ THE CHALLEN$ER SPACE SHTTLE E1PLOSION
n 4anuary B9 09I the accident as caused by hot gases bloing past one ofthe seals in the roc7et boosters The seal had been unable to do its ob properlybecause of the unusually lo temperature in 3lorida on the day of the launch
The manufacturer of the boosters had this information but had decided to goahead ith the launch anyay
essons earned
bull n an enormously large organization it is easy for decision ma7ing to fall
through the crac7s
bull t is very easy for engineers to fall into the comforting belief that they arefolloing a conservative course hen in fact they are deviating intodangerous territory
bull isasters are easy to create D safety comes hard
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lt+ THE C2= PASSEN$ER AIRCRAT ISASTER
n 0JB a cargo door latch failed and the door ble out of a 601 over indsor) and the eplosive decompression of the cargo compartment caused part of
the cabin floor to collapse
This opened a large hole in the bottom of the fuselage and severed most of thehydraulic lines hich caused the loss of control of the rudder and aileronsEveryone landed safely that day
n 0JK another 601 over Paris lost its cargo door The decompression ofthe cargo compartment again caused the cabin floor to collapseL control of theailerons and rudder ere lost and the plane crashed 7illing FKI people
essons earned
bull The 3AA failed in its role of safety atchdog t certified the cargo doordesign in spite of the failure during the ground test Then after the neardisaster over indsor they merely advised the airlines to follo themanufacturer-s service bulletin rather than issuing a directive that ould haverequired all 601-s to be retrofitted
gt+ TO1IC POLLTION8 LOE CANAL MINAMATA HOPAL SR
mproper disposal of toic or environmentally harmful aste
Loe Canal Ne or 7 ioBin
bull n 0HF gtoo7er 6hemical 6orporation dumped over 09111 tons of chemicalaste including dioins until the canal as flat land again
bull Then they donated the land to the =oard of Education but said nothing aboutthe chemicals buried there
bull Eventually the chemicals ere discovered in 0JI and the area asevacuated and treated
bull Total cost of the cleanup as MBH1 million and gtoo7er asn-t liable for any ofit because of their contract hen they donated the land
Minamata a6 apan 7 Mercur6 Poisoninbull n 0FB the 6hisso 6ompany a nitrogen fertilizer company began producing
acetaldehyde (ercury as needed as a catalystbull uring the production process a portion of the mercury as lost D ashed
into the =ay ith the aste aterbull The organic mercury as absorbed by the shell fish and eventually eaten by
people
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bull =y 0IB it as estimated that about B11 people had contracted (inimatadisease
Dopal India 7 MetD6l Isoc6anate
bull n 09K a poisonous cloud of methyl isocyanate gas escaped from the +nion
6arbide plant 7illing thousands of people up to I 7m aaybull The incident happened hen a or7er as cleaning a pipe ith ater and the
ater mied ith the chemicals and over pressured the tan7s causing them torelease the gas
Sudur6 Ontario 7 SulpDur ioBide
bull )ic7el that is mined in ntario is in the form of sulphied ore and cannot be
directly converted into metallic form t must first be smelted D burned toremove the sulphur hich is done in huge open roastslt hich emitted huge
toic clouds of sulphur dioidebull $ulphur ioide hen dissolved in ater became acid rain
bull This devastated the area around the plantL trees are stunted and sparsela7es have no fish no bird life
bull $ince then about F111 hectares have been reclaimed
essons earned
bull Each of these incidents involves ignorance carelessness or incompetenceand most involve an arrogant lac7 of ethical action
bull6onsequences of negligence can be terrifying
+ NCLEAR SAFET
TDree Mile Island
(arch B9 0J a routine maintenance operation a pressure valve stuc7 openalloing radioactive ater to escape from the system for more than B hoursleaving the reactor core partially uncooled
(ore than 0F of the reactor core had melted and fallen to the bottom of thereactor vessel Than7 goodness the molten mass did not burn through thebottom of the reactor to penetrate the ground ater table ampin a cynical version ofthis story the molten mass continues to burn through the interior of the earth untilit emerges in 6hina ampThe 6hina $yndrome
t as not a disaster for the public but the unit as destroyed and the cleanupcost nearly M0 billion
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CDerno6l
April BI 09I reactor number K eploded releasing a huge cloud of radioactive
plutonium cesium and uranium dioide into the atmosphere
Accident occurred during a lopoer test =ecause of the design during loerpoer the ater in the core decreases
To date the number of related deaths is beteen J11101111 They aiteddays even ee7s to admit that it had eploded and they too7 even longer toevacuate the peopleessons earned
bull The possibility of disaster might be very small but it is not zero
bull $uch responsibility should never be treated casually
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CHAPTER 8 Product Safet$7 ltualit$ and ia1ilit$
NE$LI$ENCE AN LIAILIT
Engineers are liable for negligent incompetent or careless acts that result indamages to others including the employer
Engineers are required to use reasonable care established practices and elltested engineering principles
Nelience an act or omission that constitutes a failure to maintain thestandards that a reasonable and prudent practitioner ould maintain in thecircumstances
ITH A CONTRACT8
bull )egligence incompetence or carelessness may be a basis for a lasuit overbreach of contractlt
bull t is good practice to consider all reasonable ays in hich an agreementmay go rong foresee damages and include clauses that specify bonusesfor good results or limits to liability
ITHOT A CONTRACT8 (driin)
bull (ay result in legal liability based on tort la ampinuries or damages
bull To in a claim under tort la the plaintiff must prove
o that the defendant had a duty of care to the plaintiff
o that the defendant breached that dutyo that the loss or damage as a direct result of the defendant-s breach of
duty
iability insurance is a ise investment t is essential for manufacturers thatemploy engineers because of
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0icarious ia1ilit$ the engineer-s employer is liable for any loss or damagethat results from a tort caused by an employee The engineer is protectedfinancially but not from disciplinary action by the Association
PROCT ARRANTIES
5ARRANT= applies to goods and products
bull Epress 5arranties promises that the product has a certain quality or itill perform for a certain period of time
bull Implied 5arranties unstated promises that eist as a matter of common
sense A certain amount of quality or function that is epectedltSTRICT LIAILIT
Product defects and consumer safety the focus is on the product itself and noquestions of negligence arise
A manufacturer may be strictly liable for any damage that results from the use ofhis product even though the manufacturer as not negligent in producing it
G)ARANTEE applies to services and agreements
AICE TO ESI$N EN$INEERS TO AOI PROCT LIAILITIES
bull Formal esin Re4ieamps conceptual feasibility and finalbull Codes and Standards adhere to all government industry and company
standards and codesbull Stateofteart esin Metods ma7e choices that lean toard safety
bull Formal Haard Anal$sis identify hazards try to prevent or eliminate actionplan remedial action
bull Formal Failure Anal$sis 3ailure (odes and Effects Analysis amp3(EA and3ault Tree Analysis amp3TA
bull esin Records 2eep good design records to shoe planning for safety
AICE TO MANFACTRERS
bull ltualit$ Assurance and Testin $ 111
bull Instruction7 5arnin and aner Sins f dangers do eist plan forproper signs to give arnings of danger
bull Instruction Manuals Any product that is dangerous should come ith aservice or instruction manual
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bull 5arranties7 isclaimers and oter Pu1lised Material evie allinformation ith the design engineer and by a products liability layer
bull Consumer Complaints nvestigate claims quic7ly to fi problems early
bull Customer Records gtave good records in case of a recall
OTAININ$ CANAIAN STANARS
6hec7 ith the $tandards 6ouncil of 6anada amp$66 They promote efficient andeffective standardization in 6anada
The $66 manages the )ational $tandards $ystem amp)$$ The )$$ ritestandards certify products test products and register quality systems ofcompanies amp$ 111
The $66 coordinates the 6anadian contribution to $ ampnternational
rganization for standards and E6 ampnternational Electrotechnical 6ommission
ISO === 7 QALIT MANA$EMENT AN QALIT ASSRANCESTANARS
t is a standard for effective management of a manufacturing corporation in orderto maimize the quality of the manufactured products
A 7ey part of the process involves the development of a ualit 3anual thatdocuments the four 7ey aspects of the certification process
bull quality policies for every aspect of the corporation-s operationsbull quality assurance procedures
bull quality process procedures
bull quality proof
ISO 3=== 7 ENIRONMENTAL MANA$EMENT SSTEMS
The process requires the company to eamine every function of its operationsith the goal of identifying activities ith a significant environmental impact andcommitting the company to preventing pollution in all of its many forms
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CHAPTER 8gt isciplinar$ Poampers and Procedures
EFINITION OF PROFESSIONAL MISCONCT
Each Association has the poer to prosecute people ho unlafully practiceprofessional engineering and to discipline licensed engineers ho are guilty ofprofessional misconduct or incompetence
The provincial Acts typically identify I causes for disciplinary action
bull Professional Misconduct Any conduct detrimental to the best interestsof the public or that harms or tends to harm the standing of the profession
generally as unprofessional conduct ampor an act that ould reasonably beregarded as unprofessional
bull Incompetence a lac7 of 7noledge s7ill udgment or disregard for theelfare of the public that demonstrates the member is unfit to carry out theresponsibilities of a professional engineer
bull Nelience carelessness or carrying out or7 that is belo the acceptedstandard of care or performance
bull reac of te Code of Etics
bull P$sical or Mental Incapacit$ this is included as a definition ofincompetence
bull Con4iction of an Offense isciplinary action against a member ho isguilty of an offense that is relevant to the member-s suitability to practice
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ISCIPLINAR PROCESS
hen a complaint of negligence incompetence or professional misconduct ismade against a licensed professional engineer it sets in motion a Fstageprocess of
bull Gathering nformationbull Evaluating the 6omplaint
bull 6onducting a 3ormal gtearing that enders 4udgment
Stipulated Order A simpler form of disciplinary hearing for less serious casesThe decision of guilt or innocence is decided by one representative and the resulthas no appeal process =oth parties agree to the outcome
f a member or licensee should be found guilty the iscipline 6ommittee can
bull suspend or revo7e your licensebull impose restriction on your license
bull require the member to be counseled or reprimanded
bull ma7e you pay cost of investigation or hearing
bull ma7e you rite eams or ta7e courses
bull impose up to a M01111 fine
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CHAPTER 8 Maintainin Professional Competence
Engineers have the privilege of selfregulation a privilege accompanied by acorresponding duty to maintain competence and avoid professionalobsolescence
The process requires engineers ampand engineering corporations to maintaincompetence by
bull enineerin practice or emplo$ment
bull formal education amp+niversity or Association courses
bull informal education ampshort courses or seminarsbull pu1lications
bull participation in enineerin societies
bull 1encmarin ampcomparing your practices against best practices
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CHAPTER 8 Enineerin Societies
The maor purpose of engineering societies is to encourage research into netheories or methods to collect and classify this ne information and todisseminate it to members so that it can be put to good use
The difference beteen an association and a society is that the Associationregulates professional behavior and the $ocieties disseminate engineeringinformation $o you should be a member of both
$ocieties have been established by groups of engineers hose commoninterests are based on
bull discipline
bull product
bull facility
bull evaluation
bull function
bull environment
bull language
bull geographical area
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THE CONCEPTS OF PROFESSIONALISM
PROFESSION
bull A learned calling ith specialized 7noledge
bull Performs services ith advanced 7noledge s7ill and udgment in hich
the public trusts
bull gtas public obligation and performs services in the general public interest
bull s bound by an ethical code in its relationship ith the public clientsemployees and colleagues
bull Accepts responsibility to regulate professional members and professionalservices provided to clients and the public
Engineering is a profession that is selfo4ernin and has the authority todiscipline members ho fail to comply ith proper standards of practice andconduct
The engineering profession is
bull highly organized
bull minimum standards of admissionbull regulate the activities of their members amps7illed practice and ethical conduct
bull promote the advancement of 7noledge
Professionals depend on the confidence ofbull the client or employer
bull the public
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ECEENCE
A shared commitment ith your peers to strive for ecellence
ETHICS
Ethics deals ith voluntary actions ta7en by an individual ith sufficient7noledge of options available
The COE OF ETHICS shapes the practice in to important aysbull provides a commonest of values hich offers a reliable professional
product to the public
bull professional relationship of trust ith the public is fundamental
APE$$A COE OF ETHICS
Professional Engineers shall recognize that professional ethics is founded uponintegrity competence dignity and devotion to service
8 P En sall old paramount7 te ealt7 safet$ and ampelfare of te pu1lic and en4ironment
bull They have an obligation to report conditions hich present an
immediate threat to safety health elfare or the environment
bull t should first be reported to the professionals involved then to
corporate or regulatory authorities
PEn sall undertae onl$ ampor tat te$ are competent to perform 1$teir trainin and eperience
bull Professional members should ensure to the best of their ability thatstatements on engineering matters attributed to them properly reflecttheir professional opinion
Stampin and Sinin ocuments8
bull Professionals shall only stamp and sign documents that they haveprepared or that have been prepared under their direct supervision andcontrol
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bull hen or7 is prepared by others they shall only stamp and sign afterhaving thoroughly revieed the or7 and accepted responsibility for it
bull Engineers ho apply their seals or stamps to reports plans or otherdocuments are stating that they understand and are in agreement ith
these documents
bull The absence of a seal or stamp does not necessarily indicate that aprofessional member has not revieed the document not does itrelieve the member from professional or legal responsibility if it can beshon that he or she as involved ith the or7
B P En sall conduct temsel4es ampit interit$7 onest$7 fairness ando1ecti4it$ in teir professional acti4ities
bull A client-s or employer-s interests should be held in high regard gtoeverthe folloing duties ta7e precedencelt
o duty to protect public safety
o duty to the professions under the 6ode of Ethics
o duty to act fairly to all parties hen administering a contract on
behalf of a client or employer
bull Professionals should 7eep confidential all information that is acquired inthe course of their professional duties and that concerns the businessaffairs of present or past clientsemployees
gt PEn sall compl$ ampit applica1le statutes7 reulations and 1$laamps inteir professional practice
bull Professionals should maintain adequate 7noledge of the la relating totheir area of practice
bull esponsible n4ironmntal mana+mnt comutr softar anddiscrimination are a fe of the subects covered under this ule
PEn sall upold and enance te onor7 dinit$7 and reputation of teir professions7 and te a1ilit$ to ser4e te pu1lic interest
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bull Advertisements proposals and presentations should be factual clearand dignified
bull A professional should be careful to give due credit to others
bull nly revie the or7 of another professional hen they have beeninformed unless there is a confidentiality agreement to the client
bull gtelp ET-s
APE$$A COE OF ETHICS
0 P Eng shall hold paramount the DealtD safet6 and elfare of tDe pulic and enironment
B PEng shall underta7e only or tDat tDe6 are competent to perform bytheir training and eperience
F P Eng shall conduct themselves ith interit6 Donest6 fairness and
oGectiit6 in their professional activities
K PEng shall compl6 itD applicale statutes reulations and 62las intheir professional practice
H PEng shall uphold and enhance the Donor dinit6 and reputation of their professions and the ability to sere tDe pulic interest
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COPRI$HTS
9RiDt to cop6
nly the oner of the or7 is alloed to reproduce the or7 or permit others tocopy it
Plaiarism is copying someone else-s or7 and claiming it as your on
Fair ealin +se or reproduction of or7 for private study research criticismrevie or nes reporting
Cop6riDts appl6 to8bull iterar$ ampors boo7s poems pamphlets computer programs
bull ramatic ampors films videos plays scripts
bull Musical ampors compositions ampords and music
bull Artistic ampors paintings draings maps photos sculptures architects
Also to8bull Performer(s performances actors musicians dancers
bull Communication Sinals broadcasters
bull Sound Recordins
6opyright is restricted to the epression in a fied manner amptet recordingdraing of an ideaL it does not etend to the idea itself
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3acts ideas and nes are all considered public property
6opyright does apply tobull $ong
bull )ovel
bull Playbull (agazine article
bull 6omputer program
bull ideo 6assettes (ovies
6opyright does NOT apply tobull $ong titlebull Plot ideabull Play of gtamletbull 3acts in an articlebull )ame of a computer programbull (a7ing a copy of a musical tape amproyalties have been paid already
bull 6opies for educational institutions ampcan 7eep radio and nes tapes for 0 year
bull )onprofit libraries archives and museumshen you create a or7 you automatically have copyright protection providedthat at the time of creation you ere a 6anadian 6itizen or a resident in a countrythat participates in 6opyright rules
Autorsip The person that creates the or7
Oampnersip f you are the creator of the or7 you on the copyright f you
create a or7 hile employed the copyright belongs to the employer ou canlegally transfer your rights to someone else then they on the copyright
uration 6opyright ampintellectual property lasts for the life of the author N H1years
Moral Rits Even if you sell your copyright you still retain moral rightsltThis means that no one including the person ho ons the copyright candistort mutilate or modify your or7 ampchange the ending use for a commercial etc
(oral rights eist for the same length as the copyrightou cannot sell or transfer your moral rights but you can aive them
RE$ISTRATION OF A COPRI$HT
ou do not have to register a copyright to have protection in 6anada
f you choose to register ith the copyright office you receive a certificate hichcan be used to your advantage if your or7 is infringed t is evidence that it is
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your or7 and you are the oner n a dispute you do not have to proveonership
ou send the application to the 6opyright office and you do not send your or7in ou may need to send a copy to the )ational ibrary of 6anada but the
6opyright office doesn-t revie your or7 at all
There is no requirement to mar7 your or7 under the 6opyright Act ou canmar7 it li7e this
)ame ear copy e 4ane oe 09I copy
ou can use this format even if you have not registered your or7
The 6opyright ffice is not responsible for ensuring that your copyright is notbeing infringedCCthis is your ob ou have to launch legal action yourself and
the courts are left to decide
Assinment As the oner you may decide i4e up part or all of $our rits toanother party The assignment may be for the hole term or for ust a certainpart of the term
icense ou as the oner give someone else permission to use your or7 forcertain purposes and under certain conditions but you still retain onership oudo not i4e up $our rits
Ro$alties (oney paid to the copyright oner as commission for sales of theiror7 or permission to use them
Tariffs $et fees that users must pay for using certain copyright material
Collecti4es an organization that collects royalties on behalf of its members
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TRAEMARampS
A trade2mar is a ord symbol or design to distinguish the products or servicesof an organization or person from others t can also represent a reputation
Ordinar$ Mars ords or symbols that distinguish your product or service ampe Giddy+p
Certification Mars identify ares or services that meet a defined standardThey are oned by one person but licensed to others to identify ares orservices hich meet a defined standard ampe oolmar7 APEGGA seal
istinuisin uise identifies the unique shape of a product or its pac7ageampe eggs Egg
A trade name is the name under hich you conduct your business The tradename can be registered under the Trade(ar7s Act only if it is also used as aTrademar7 ampto identify products or services
RE$ISTERIN$ A TRAE2MARamp
The Reistered Trade2Mar is one that is entered on the Trademar7s registerou are not required to register your trademar7 if you use it for a certain lengthof time you can establish onership by 6ommon a
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bull egistration of your trademar7 gives you the eclusive right to use the mar7across Canada for 8 $ears then you have to rene it
bull t is recommended that you register your Trade(ar7 in case someone elsetries to use it
bull f you fail to use the mar7 for an etended period your registration may becancelled
bull ou can register a trademar7 by filing an application for registration ith theTrademar7s ffice our trade2mar must e used in Canada efore itcan e reistered+
RE$ISTRATION QALIFICATIONS
bull 6annot be primarily your full name or surname ampunless you can prove it is already
identified
bull ou may not register a ord that clearly describes a feature of the product orservice ampseet uicy
bull The ord cannot be clearly misleading ampdeceptively misdescriptive ampe sugarseet if it has no sugar
bull ou may not register a ord that clearly designates the place of origin of theproduct or service or if it misleads the public into thin7ing that the productcomes from there ampParis 3ashions Atlantic 6od but you can use )orth Pole =ananasbecause no one ould epect them to come from there
bull ou can use a disclaimer statement indicating that you are not claimingeclusive rights for certain ords appearing in the trademar7 n this ayyou can use clearly descriptive ords hich are unregisterable on their onampce 6ream in =ob-s ce 6ream
bull )ames of products in other languages cannot be registered ampurstlt is Germanfor sausage
bull 6annot be registered if it consists or a plant variety denomination
bull ou cannot use ords symbols sounds or ideas that are confusingly similar
to a registered trademar7 or a pending mar7 amp2ing og 3ood and 2ing 6at 3oodould be refused
bull ou cannot register a trademar7 that resembles certain official symbolsunless you have the consent of the authority in question
o fficial government symbols
o 3amily coats of arms
o =adges and crests or 6(P
o Emblems and names of ed 6ross or +)
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o 3lags of other countries
o $ymbols of provinces
=efore you try to register your trademar7 do a search and include trade namesas ell
After you have a registered trademar7 to 7eep it you mustLbull Pay the registration fees every 0H years
bull +se the trademar7 in 6anada or it ill be epunged
Assinment to sell or transfer your rights to a trademar7 to another party
Marin ReDuirements The Trade(ar7s Act does )T have anyrequirements but many oners indicate their registration through the folloingmar7s
983214 O registered trademar7
991522 O trademar7$( O service mar7
The Trade(ar7 ffice ill prevent anyone else from registering your trademar7but it is your responsibility to monitor the mar7etplace and ta7e legal action ifsomeone is using your trademar7
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PATENTS
A patent is
bull A document protecting the rights of the inventor
bull A repository of useful technical information for the public
The idea is to promote the sharing of technological information hile giving you amonopoly on your creation
ith a patent the government gives the inventor the right to eclude others fromma7ing or selling your invention
The invention is protected from the day the patent is granted to a maimum of =6ears after the day you filed your application
The Patent ffice then epects you to provide a full description of your inventionso that all 6anadians can benefit from this technology They allo your
application to be open gt montDs from the filing date during the con4ention priorit$ date
Patent applications are made pulic gt montDs after the 6anadian 3iling ate
ou must obtain a valid patent ithin 8 $ear of main te product pu1lic
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A 6anadian patent is only etended throughout 6anada ou must apply forpatent rights in other countries separately
t is important to 7eep your invention secret until your first patent application isfiled in order to preserve your rights to file later in most foreign countries
3or an invention to be patented it must be
bull NO0ET= 3irst in the orld
bull )TIIT= 3unctional and operative
bull INGEN)IT= $ho inventive ingenuity and not be obvious to someones7illed in that area
The folloing items are patentable
bull Product ampdoor loc7
bull A composition ampchemical composition li7e lubricant
bull An apparatus ampmachine to ma7e door loc7s
bull A process ampmethod
bull An improvement on any of these
The idea alone is not patentable t must be reduced to something physical
ou CANNOT patentbull A scientific principle
bull An abstract theorem
bull An idea
bull A method of doing businessbull A computer program
bull A medical treatmentn 6anada patents are given to the first inventor to file an application
f you invent something hile or7ing for an employer on the employer-s timeith the employer-s materials at the epense of the employer the inventionrights still belong to you unless you have been hired by the company to inventpatentable inventions
PATENT APPLICATION
+ $et a Patent Aent
+ Preliminar6 SearcD
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bull ou can do a preliminary search in the online database or visit the Patentffice in person
0+ Preparin tDe Patent Application
bull A patent application must consist ofo a1stract ampbrief description
o specification ampclaims and boundaries of protection
o draampins
3+ File 6our Application4+ Reuest eBamination5+ EBaminer does searcD and approes or oGects+lt+ Respond to an6 oGectionsgt+ Patent ranted or oGected+
CONENTION PRIORIT
(any countries belong to the Paris 6onvention for the Protection of ndustrialProperty
This treaty allos you to invo7e convention prioritylt hich means that your filingdate in one member country ill be recognized by all others provided you file inthose countries ithin the first year
ampe if you file in 6anada in 4anuary B111 you could file up to one year later in most countriesamp4anuary B110 and still receive the same rights as if you filed in B111
PATENT COOPERATION TREAT (PCT)
t provides a standardized international filing procedure for foreign patents hichis shared by our principal trading partners including the +$ 4apan and mostEuropean countriesou may file for a patent in as many as 01I member countries through a singleapplication filed in 6anada
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INSTRIAL ESI$N
An Industrial esin is the features of shape configuration pattern or ornamentapplied to a finished article made by hand tool or machine ampappealing to the eye
There is no time limit for filing an application as long as the design has neverbeen published ampmade public to anyone
ou must file ithin 6ear of going public ith your design or you ill lose youreclusive rights to the design
The advantage of registering your industrial design is that it gives you eclusive
right to your design for up to = 6ears from tDe date of reistration
+nless you register your design you can ma7e no legal claim of onership andhave no legal protection from imitation
nly the proprietor ampcreator of the design may obtain registration unless youhave been hired to develop a design Then the hirer is the proprietor
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Trade Secret industrial 7noho or valuable information acquired by abusiness t could be a
bull formula
bull pattern
bull device
bull compilation of info used to give you an advantage over the competitors
ou cannot registerbull That don-t have visual appeal
bull 3eatures that are hidden from vie or too small to appeal to the eye
bull A method of construction
bull An idea
bull (aterials used in construction
bull 3unction of an article
bull 6olor
ESI$N RE$ISTRATION
The application ill includebull Application forms ampdescription
bull At least one draing or photograph
bull 3ees
The process ill include
bull nitial processing
bull Eamination
bull egistration
ou do not have to mar7 your design in order to indicate that it is registered butmar7ing it gives you etra protection
As proprietor you may ta7e legal action against anyone ho infringes on yourdesign in 6anada but you must ta7e action ithin F years of the incident
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An 9assinment occurs hen you sell all or part of your rights in the designpermanently to another party
ou can 9license another user to allo someone else to use your design but
you still retain onership
To have your design protected in other countries you must apply separately ineach country
ou have 5 montDs to file for 9conention priorit6+ampe you apply to register in 6anada in 4anuary B111 then you have until 4uly B111 to file in other 6onvention countries and receive the same rights as if it ere 4anuary B111
LA FOR PROFESSIONAL EN$INEERS OOamp
CHAPTER 8 Te Canadian eal S$stem
The legal system of 6anada is based on the English common2lalt system andthe English courts of euit6lt system ampudgemade la and is calledCOMMON2LAlt
The 3ederal 6ourt of 6anada has urisdiction over federal matters such aspatents trademar7s and copyrights
Pu1lic aamp deals ith the rights and obligations of government ampcriminal and6onstitutional la
Pri4ate aamp deals ith the rights and obligations of individuals or private organizations ampCONTRACT AN TORT LA
Termsbull itigation lasuit
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bull Plaintiff party bringing the actionbull efendant party defending the actionbull Appellant party appealing the decisionbull espondent party see7ing to uphold a decisionbull Privity of contract legal relationship beteen parties to a contract
bull 6reditor party to hom an amount is oingbull ebtor party that oes an amount to creditor bull $uarantee A guarantees = the debt of 6omp amphen = doesn-t get paid
= goes to 6omp first then to A
bull Indemnification a promise to directly compensate or reimburseanother party for a loss or cost incurred f Aindemnifies = the debt of 6omp amphen = doesn-t get paid =goes directly to A
CHAPTER usiness Oraniations
Sole Proprietorsip an individual carries on business by and for himself andalso enoys the profits and incurs any losses personally
Partnersip an association of persons ho conduct business in common ith avie to profit ndividuals or organizations share profits and losses
Corporation an entity unto itself distinct from its oners ampfictitious personThe corporation itself ons its assets and incurs its on liabilities
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CHAPTER B International Considerations
t is etremely important to obtain advice from an appropriately eperiencedlayer in the foreign country or have the advice of a consultant in that countryt is ise to purchase political ris7 insurance and to use careful udgment together ith a local influential partner
$ome potential ris7s of or7ing internationally are
bull Political Ris is one of the more obvious ris7 factors in or7inginternationally The 6hanges in government can lead to significant policychanges
bull Licensin reuirements and obtaining necessary permits and approvalsin a foreign country under different legal systems can be timeconsuming
bull Financial Riss due to currency echange and controls or restrictions onthe transfer of funds out of the country
bull Contract documents and forms used on proects may be different
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CHAPTER gt Tort ia1ilit$
Tort8 generally refers to a private or civil rong or inury one that involvesnegligence and that may arise independently of contract ampcar driver and victim
amphich includes financial loss hen based on a professional-s opinion
The fundamental purpose of tort la is to compensate ictims of tortsPunishment of negligent rongdoers IS NOT a purpose of tort la
Professional liability insurance should provide protection if an engineer-snegligence results in damage arising in tort
n order to satisfy the courts that compensation should be made the plaintiff in atort action must prove that
bull The defendant oed the plaintiff a duty of care
bull The defendant breached that duty by his conduct
bull The defendant-s conduct caused the inury to the plaintiff
f any 0 of these F aspects is not proven to the satisfaction of the courts theplaintiff ill not in
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A significant factor in a tort action is the establishment of the standard of carerequired of the defendant
The standard is applied based on the premise that engineers have a duty to use
the reasonable care and s7ill of engineers of ordinary competence Thereasonable carelt is measured by applicable professional standards of theengineering profession at the time the services ere performed
Strict ia1ilit$ manufacturers and employers are held strictly liable hen faultis not necessary if compensation is to be provided ampnot yet upheld in 6anadaampe All employees ma7e contributions on behalf of employees and if someone is inuredcompensation is provided ith no finding of faultampe A manufacturer may be strictl6 lialelt if for any damages that result from the use of theirproduct
0icarious ia1ilit$ The employer is responsible for damaged caused by its
employees The employer provides compensation because it is presumed thatthe employer is in a better financial position than the employee
Concurrent Tortfeasors hen more than one party is liable in a tort actionThe defendant-s together are called concurrent tortfeasors
Products ia1ilit$ The plaintiff must be able to establish that damage hasclearly resulted from appropriate use of a product and the defendantmanufacturer must then persuade the court that at the time the manufacturercould not have foreseen the defective nature of the goods manufactured6anada has not yet ta7en a strict liability approach on products as the +$ has
Products liability has developed through principles of both contract la and tortla The tort concept of fault has been applied and implied contractualarranties that the product is effective and the contract of a sale must also eist
n productsliability matters economic losses ampin the absence of physical inurymay in some circumstances be recoverable
Standards of Care and ut$ to 5arn A manufacturer must arn theconsumer of any dangerous potential of the product by appropriate labeling
Oter Tortsbull Tort of defamation8 ampif the statements that damage the reputation are true there is
no liability
o ibel D in riting
o $lander D verbal
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bull Occupiers Liailit68 The occupier of a property must eercise therequired standard of care to ensure the safety of individuals coming ontothat property
bull Tort of Nuisance8 esigned to alleviate undue interference ith the
comfortable and convenient enoyment of the plaintiff-s landampe insecticide spray drifting onto other land
CHAPTER Proof
The burden of proof is on the plaintiff to prove the case against the defendant
Engineers often find themselves ma7ing appearances as eBpert itnesses incourt
The epert is permitted to epress opinions ith respect to his or her area ofepertise and the itness should be cautious and restrict testimony to such
area
ou ill be hired by one side and crosseamined by counsel from the otherparty
Preparation is of the utmost importance in litigation The epert itness shouldclearly understand the issues in the lasuit and be aare of the scope ofquestions that can be reasonably epected
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CHAPTER 28 Contracts
3or a contract to be binding and enforceable the folloing elements must bepresent
bull An offer made and accepted
bull (utual intent to enter into the contract
bull 6onsideration or offer ampan echange of promises each promise representing
something of valueCpayment of money is not essential
bull 6apacity to contract ampcan-t be a minor drun7 or crazyCenforceable by the drun7 if
the other party 7ne they ere intoicatedbull aful purpose 6ontract on-t be enforced if it is unlaful
An offer is a promise made by one person to another
)ot all contracts are in riting
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+ntil it is accepted the offer may be ithdran by the offeror unless it is madeepressly irrevocable by its terms
Irre4oca1le Offers =idders submit offers or tenders that have been madeirrevocable for a specific period of time At any point during that period the offer
may be accepted and a contract ill be formed
Option Contract This contract is another means of 7eeping an offer open for acertain period of timeampe The party purchasing the option may ant do eploration or7 for a period of time beforedeciding to spend a large sum of money on the property
EDuita1le Estoppel A udge can stoplt the strict terms of a contract from beingfolloed if it is proven that the terms had changed outside of the agreementampoften used hen etensions to deadlines are agreed upon and then the person tried to go bac7to the original ritten contract
Pursuant to contract la consideration ampor a seal must be present in order toma7e a change to a contract enforceable D otherise it is ust a promise not laThe courts protect the person in the situation here a promise is ta7en as fullagreement
Statute of Frauds Ensures that certain types of contracts must be in riting tobe enforceable
Rectification This order can be applied for to rectify a contract because of asecretarial or recording mista7e
)nilateral Mistae A mista7e made by only one party to a contract 6ourts illdecide hether a contractor ill be relieved of their mista7e
CHAPTER 8 Tenderin Issues Contract A
a of tendering in 6anada gives the principle that there are B separatecontracts that arise in the tendering process
0 Contract A D the contract of irrevocability ampthat deals ith the tenderingphase
B Contract D the construction contract ampapplies to the construction phase
The number of number of tenders submitted is the number of 6ontract A-s thatare formed
The original tender pac7age contents cannot be changed ithout notifyingeveryone or you are in =reach of 6ontract A
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CHAPTER 82 Contract Interpretation
Parties to a contract sometimes dispute the meaning of part of the contract Todifferent approaches can be ta7en hen interpreting contracts
bull i1eral Approac ta7es into account the intent of the parties and maylead to speculation on that intent
bull Strict Approac focuses on the precise ords in the agreement andmay rely on dictionary meanings
Contra Preferentem hen a contract is ambiguous or unclear it ill beinterpreted against the person that rote it up
Parol E4idence Rule hen verbal agreements outside of the ritten contractare included as rule in a contract n most cases if a condition is agreed uponverbally but is not included in the contract then the condition is not part of thecontract
Implied Terms hen the inclusion of obvious terms of a contract have beenoverloo7ed here it is reasonable implied terms may eist in a contract
CHAPTER 83 iscare of Contracts
There are several ays to discharge a contract
bull Performance hen all parties have completed their respectiveobligations the contract is at an end
bull Areement to iscare Parties in a contract are alays free to amend
the contract or agree to cancel or terminate the contract upon mutuallyagreed terms
bull iscare Pursuant to Epress Terms t is advised to include in acontract terms here all parties may terminate the contract if certainoutside events ere to occur ampe ban7ruptcy
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bull iscare 1$ Frustration hen changing unforeseeablecircumstances occur that may radically change the obligations of theparties
o Force Maeure Provides that the time for completion ill beetended in the event of ar riot flood labor dispute or other
events that are beyond the control of both parties
bull iscare 1$ reac of Contract ne party fail to perform obligations
o iscare 1$ Repudiation hen the party to a contract
epressly tells the other party that they have no intention ofperforming contractual obligations
CHAPTER 86 reac of Contract
f a party to a contract fails to perform obligations specified in the contract thenthat party has breached the contract
The innocent party is entitled to certain remedies depending on the nature of thebreach and the terms of the contract
Condition an obligation that is essential or vital to the contract5arrant$ an obligation that is NOT essential or vital to the contract
A =reach of 6ontract is a cause for discharge only if its effect is to render itpurposeless for the innocent party to proceed further ith performance
Repudiation hen the party to a contract epressly tells the other party thatthey have no intention of performing contractual obligations
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REMIIES
A nondefaulting party is entitled to damages for losses incurred as a result of abreach of contract
irect amaes Actual calculated difference in the cost of having to chooseone service over the other ampthe loest bid is chosen and then they refuse to do the or7so the second loest bid is chosen and the party sues for the monetary difference beteen theloest and second loest bid
Indirect amaes Are consequential to the breach and might include damagesfor lost profits or damages incurred if the contract is not fulfilled
iDuidated amaes Are preestimated damages if certain events ere tooccur that are ritten into the contract under a Penalty 6lause
ltuantum Meruit hen services have been requested and performed but nooutside agreement as reached beteen the parties as to hat payment ouldbe provided in return for the services then the courts can aard the person ithas much as is reasonably deservedlt for time spent and materials supplied
Su1stantial Compliance hen a contractor has substantially complied iththe terms of a contract yet failed to comply ith some minor aspect of thecontract The contractor ill be paid the contract price minus the cost ofdamages caused by the minor problems
Specific Performance hen the courts require a party to perform a contractual
obligation li7e the sale of land or a personal item
Inunction A court order that prohibits or restrains a party from performing anactCHAPTER 9 Fundamental reac
Applies to a contract that contains an eemption clause amphere parties limit theirliability if a breach of contract results and ma7es the eemption ineffective
CHAPTER 8 Areement etampeen Client and Enineer
A contract beteen a client and an engineer must include all of the essentialcontract elements
The document ill not specify the degree of care that is required of the engineerin carrying out the services =ut the engineer is liable for incompetence
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carelessness or negligence that results in damages to the client and for notperforming ith an ordinary and reasonable degree of care and s7ill
CHAPTER Concurrent ia1ilit$ in Tort and Contract
+nless otherise stated in a contract the standard of care epected of anengineer doing a ob is the same standard of care by hich an engineer-sperformance is measured in tort
3or a breach of contract there is a limitation period of I years from date of thebreach in hich to press charges instead of hen it is discovered
n tort the limitation period in hich to press charges starts hen the damagesare first detected
CHAPTER 3 Ar1itration and AR
A lasuit is not alays the best ay to resolve a dispute beteen contractingparties especially technical disputes
Ar1itration or Alternati4e ispute Resolution +AR- t is less costly and lesspublic than litigation
An engineer that is an arbitrator is epected to act impartially and independentlyof the parties to the dispute
The Arbitration Act deals ith the appointment of an arbitrator and sets out astructure or set of rules to govern the conduct of an arbitration unless the partiesagree that some other structure or rules ill apply
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The Act also gives arbitrators the urisdiction to aard preudgment and post udgment interests ust li7e the courts have under the 6ourts of 4ustice Act
Partnerin intended to respond to the need for improved attitudes amongstindustry participants to the importance of teamor7 on proects
This cooperative attitude should assist in resolving proect disputes at an earlystage
) TGAT) and A=TAT) result in a 4+G(E)T TgtAT $=))G
Proect Neutral (proGect manaement oerie) The companies appoint a
proect neutral usually an independent professional eperienced in the industryto be aare of developments on the proect ith a vie to offering unbiasedadvice and decisions
Mediation esolving disputes through the negotiating process involving amediator ho is to provide guidance and to facilitate the settlement process agobeteenlt in communicating proposed settlements
There is no udgmentL the parties need to or7 out their differences
CHAPTER BB Industrial Propert$
Industrial Propert$ Rits ights that generally relate to patents trademar7scopyrights and industrial design
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The time to seal a draing is hen it is approved and released for fabrication orconstruction
ou seal te copies7 not te master That ay the prints can be chec7ed formodifications hen sealed
ETHICAL ISSES
Confidentialit$ The engineer has a clear obligation under the code of ethicsto 7eep affairs of the client confidential
Conflict of Interest here the engineer has an interest that interferes ith the
service oed to the client The engineer must disclose any personal interestthat there may be
Re4ieampin te 5or of Anoter Enineer The engineer should be informed hen his or7 is being revieed but it is not necessary to receive permission todo so The elfare of the client or the general public must come before thepersonal ishes of the engineer
Supplantin 6onvincing the client to fire their engineer and hire you instead isunethical
reac of Contract ampcivil liability a failure to complete the obligations specifiedin a contract ou can get protection for this ampliability insurance
Nelience ampcivil liability a failure to eercise due care in the performance ofengineering There is NO protection for this
ETHICAL PROLEMS OF EN$INEERS IN PRIATE PRACTICE (CASESTIES)
+ ORampIN$ AN OTIN$ ON PLANS FOR A STREET-----
ou cannot vote on hether a proect should be accepted if you are involved inbidding on the proect ou must disclose your involvement and abstain fromvoting and participating in the decision ma7ing process
+ ENORSIN$ A PROCT ON T---
t is seen as unprofessional and a conflict of interest
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0+ LE$AL SETTLEMENT AN EIN$ PAI ON THE OTCOME---
As an epert itness you are giving your professional opinions The amount youma7e ampcontingency ill be dependent upon the outcome of the case Getting
paid this ay is a conflict of interest since there is personal benefit based on theoutcome ou should accept a flat rate fee
3+ ORI$INAL SEALE RAIN$S CHAN$E INSPECTION---
ou don-t sign and seal the originalConly the copies so that modifications areevident f the proect isn-t to original specifications the calculations must bedone from scratch and nothing is to be done until they are complete
4+ RECIN$ OR FEE IF THE OECT HAS ALREA EENESI$NE FOR SOMEONE ELSE EFORE---
Establishing fair and reasonable fees depends on
bull evel of 7noledge and qualifications required
bull ifficulty and scope of the assignment
bull esponsibility that the engineer must assume
bull +rgency ith hich the or7 must be completed
bull Time required
ou should not loer your price to produce a similar design for 6lient = but if
6lient A anted a second building that as the same as the first then a smalldeal could be made
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CHAPTER 89 Te Enineer(s ut$ to Societ$ and te En4ironment
T TO SOCIET8
ou must put the greater good of society ahead of personal gain
The to environmental problems that have accompanied the industrialization ofour society
bull Proliferation of MacineMade Haards +sing highays aircraftnuclear poer toic chemicals more often ma7e it more dangerous
bull eradation of te En4ironment The lifestyle of industrialized nations
requires a high energy usage to maintain it The consumption of fossilfuels and the careless disposal of aste has deteriorated the environment
o 5aste isposal
o Air Pollution SO2 ndash from coal combustion (London) NO x ndash cars (LA) CO
Photochmical oxidants (sun) oon PAN Proxactl
nitrat
o Acid Rain
$amp harmful to fish at amp
o 5ater Pollution
isascausin+ bactria
Or+anic ast dcain+ in th atr
-rtilirs
oxic matrials ( PC) Acidification
0ast hat
A+ricultur ndash ind carris sticids salt frtilirs and
nitro+n to th atr
o Glo1al 5armin and Oone epletion +Greenouse Effect-
CO2 C$ NO2 O1 Chlorofluorocarbons
o Ener$ Conser4ation and Nuclear Poamper
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o Eponential Population Groampt
The good of society is determined on a utilitarian basis D creating the maimumgood for the maimum number of people
=efore reporting an incident to the Association
bull Informal Resolution 3irst the engineer should try to resolve problemsinformally and internally in an open and professional manner
bull Confidentialit$ f it is necessary to report a situation never report it to thepublic or media Alays report it to the Association or proper regulatory body
bull Retaliation ou cannot be fired for reporting a situation ou can file alasuit to recover lost ages and costs
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CHAPTER 88 Enineerin Case Histories
+ THE QEEC RI$E ISASTER
pened in 00 the longest cantilever span in the orld
=ridge as redesigned ith a larger span and the dead eight calculations erenot redone
Then there as a material failure in a bearing casting that temporarily supportedthe central span hile it as being transported and lifted into place
essons earnedbull ou have to have enough money to pay all the people to do their obs
properly for large proects before you start them amp(r 6ooper as not paid nearlyenough to do the etra or7 to redesign nor as he really competent
bull gtire capable competent professionals ampnot old or sic7 that can-t visit the construction site
bull 6learly define duties authorization and responsibility of professionalpersonnel
bull iscuss all design decisions and technical problems openly and listenreceptively amp3or F ee7s the chief engineer tried to contact 6ooper about the strangebending of some steel parts and recommended some changes be madeC6ooper didn-tlisten
bull evie details especially engineering design calculations amp6ooper did not redothe calculations for dead eight after he changed the length of the structure
bull (onitor or7 on the site adequately amp6ooper as too old and sic7 to monitor any ofthe building or fabrication
bull
Ensure that communication is rapid and accurate ampt too7 F ee7s for the chiefengineer to reach 6ooper ith his concerns
bull Provide adequate support staff for good money
+ THE ANCOER SECON NARROS RI$E ISASTER
4une 0H9 to spans of the cantilever bridge collapsed
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t as caused by the faulty design and eventual collapse of a temporary toersupporting the partially completed bridge
The additional time and material needed to reconstruct the damaged portions ofthe bridge
essons earned
bull 6onsulting engineers should recommend alloable stresses for temporaryconstruction support structures
bull The contractor should be required to submit all construction plans andcalculations for approval prior to construction
0+ THE ESTRA MINE ISASTER
(ay th 0B mine ble up and 7illed BI miners
The floor roof and sides of the road should have been cleared and treated ith
stonedust and proper ventilation procedures should have been folloed despitedelayed production
essons earned
bull Production demands resulted in the violation of basic and fundamental safemining practices
bull (anagement ignored or encouraged many hazardous and illegal practicesincluding 0Bhour or7 shifts improper storage of fuel refueling vehiclesunderground using nonflameproof equipment
bull The methane gas from the coal needed to be properly ventilated out of themine
bull Proper permits and changes to the mine plans ere not approved by theproper authorities
bull ritten orders to stonedust and to clean up the mine ere not folloed
3+ THE LO$EPOLE ELL LOOT
ctober 0Jth 0B a sour gas Amoco ell ble out and they could not get itbac7 under control
The initial 7ic7 occurred primarily because drilling practices during the ta7ing ofcores ere not folloed and this combined ith the marginally adequate muddensity used permitted the entry of reservoir fluids into the ellbore
They lost control of the ell and then it started on fire from some (us7eg thatas burning underground
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There ere also some equipment failures that attributed to not being ale tocirculate the 7ic7 out quic7 enough
essons earned
bull Amoco did not apply the necessary degree of caution hile carrying outoperationsbull )eeded to be fully prepared in the event of a fluid influ
4+ THE RE21 MININ$ FRA
The samples had been saltedlt D adding minerals li7e gold here none eist
essons earned
bull The chief geologist had a responsibility to sho due diligence in safeguardingthe core samples and ensuring that the gold assay as properly done Thatthe gold content based on the samples as accurately calculated and thatthe doublechec7s ere made to confirm the results
bull This emphasizes the critical dependence of the mining and resourceindustries on professionals ith high ethical standards
5+ THE CHALLEN$ER SPACE SHTTLE E1PLOSION
n 4anuary B9 09I the accident as caused by hot gases bloing past one ofthe seals in the roc7et boosters The seal had been unable to do its ob properlybecause of the unusually lo temperature in 3lorida on the day of the launch
The manufacturer of the boosters had this information but had decided to goahead ith the launch anyay
essons earned
bull n an enormously large organization it is easy for decision ma7ing to fall
through the crac7s
bull t is very easy for engineers to fall into the comforting belief that they arefolloing a conservative course hen in fact they are deviating intodangerous territory
bull isasters are easy to create D safety comes hard
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lt+ THE C2= PASSEN$ER AIRCRAT ISASTER
n 0JB a cargo door latch failed and the door ble out of a 601 over indsor) and the eplosive decompression of the cargo compartment caused part of
the cabin floor to collapse
This opened a large hole in the bottom of the fuselage and severed most of thehydraulic lines hich caused the loss of control of the rudder and aileronsEveryone landed safely that day
n 0JK another 601 over Paris lost its cargo door The decompression ofthe cargo compartment again caused the cabin floor to collapseL control of theailerons and rudder ere lost and the plane crashed 7illing FKI people
essons earned
bull The 3AA failed in its role of safety atchdog t certified the cargo doordesign in spite of the failure during the ground test Then after the neardisaster over indsor they merely advised the airlines to follo themanufacturer-s service bulletin rather than issuing a directive that ould haverequired all 601-s to be retrofitted
gt+ TO1IC POLLTION8 LOE CANAL MINAMATA HOPAL SR
mproper disposal of toic or environmentally harmful aste
Loe Canal Ne or 7 ioBin
bull n 0HF gtoo7er 6hemical 6orporation dumped over 09111 tons of chemicalaste including dioins until the canal as flat land again
bull Then they donated the land to the =oard of Education but said nothing aboutthe chemicals buried there
bull Eventually the chemicals ere discovered in 0JI and the area asevacuated and treated
bull Total cost of the cleanup as MBH1 million and gtoo7er asn-t liable for any ofit because of their contract hen they donated the land
Minamata a6 apan 7 Mercur6 Poisoninbull n 0FB the 6hisso 6ompany a nitrogen fertilizer company began producing
acetaldehyde (ercury as needed as a catalystbull uring the production process a portion of the mercury as lost D ashed
into the =ay ith the aste aterbull The organic mercury as absorbed by the shell fish and eventually eaten by
people
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bull =y 0IB it as estimated that about B11 people had contracted (inimatadisease
Dopal India 7 MetD6l Isoc6anate
bull n 09K a poisonous cloud of methyl isocyanate gas escaped from the +nion
6arbide plant 7illing thousands of people up to I 7m aaybull The incident happened hen a or7er as cleaning a pipe ith ater and the
ater mied ith the chemicals and over pressured the tan7s causing them torelease the gas
Sudur6 Ontario 7 SulpDur ioBide
bull )ic7el that is mined in ntario is in the form of sulphied ore and cannot be
directly converted into metallic form t must first be smelted D burned toremove the sulphur hich is done in huge open roastslt hich emitted huge
toic clouds of sulphur dioidebull $ulphur ioide hen dissolved in ater became acid rain
bull This devastated the area around the plantL trees are stunted and sparsela7es have no fish no bird life
bull $ince then about F111 hectares have been reclaimed
essons earned
bull Each of these incidents involves ignorance carelessness or incompetenceand most involve an arrogant lac7 of ethical action
bull6onsequences of negligence can be terrifying
+ NCLEAR SAFET
TDree Mile Island
(arch B9 0J a routine maintenance operation a pressure valve stuc7 openalloing radioactive ater to escape from the system for more than B hoursleaving the reactor core partially uncooled
(ore than 0F of the reactor core had melted and fallen to the bottom of thereactor vessel Than7 goodness the molten mass did not burn through thebottom of the reactor to penetrate the ground ater table ampin a cynical version ofthis story the molten mass continues to burn through the interior of the earth untilit emerges in 6hina ampThe 6hina $yndrome
t as not a disaster for the public but the unit as destroyed and the cleanupcost nearly M0 billion
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CDerno6l
April BI 09I reactor number K eploded releasing a huge cloud of radioactive
plutonium cesium and uranium dioide into the atmosphere
Accident occurred during a lopoer test =ecause of the design during loerpoer the ater in the core decreases
To date the number of related deaths is beteen J11101111 They aiteddays even ee7s to admit that it had eploded and they too7 even longer toevacuate the peopleessons earned
bull The possibility of disaster might be very small but it is not zero
bull $uch responsibility should never be treated casually
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CHAPTER 8 Product Safet$7 ltualit$ and ia1ilit$
NE$LI$ENCE AN LIAILIT
Engineers are liable for negligent incompetent or careless acts that result indamages to others including the employer
Engineers are required to use reasonable care established practices and elltested engineering principles
Nelience an act or omission that constitutes a failure to maintain thestandards that a reasonable and prudent practitioner ould maintain in thecircumstances
ITH A CONTRACT8
bull )egligence incompetence or carelessness may be a basis for a lasuit overbreach of contractlt
bull t is good practice to consider all reasonable ays in hich an agreementmay go rong foresee damages and include clauses that specify bonusesfor good results or limits to liability
ITHOT A CONTRACT8 (driin)
bull (ay result in legal liability based on tort la ampinuries or damages
bull To in a claim under tort la the plaintiff must prove
o that the defendant had a duty of care to the plaintiff
o that the defendant breached that dutyo that the loss or damage as a direct result of the defendant-s breach of
duty
iability insurance is a ise investment t is essential for manufacturers thatemploy engineers because of
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0icarious ia1ilit$ the engineer-s employer is liable for any loss or damagethat results from a tort caused by an employee The engineer is protectedfinancially but not from disciplinary action by the Association
PROCT ARRANTIES
5ARRANT= applies to goods and products
bull Epress 5arranties promises that the product has a certain quality or itill perform for a certain period of time
bull Implied 5arranties unstated promises that eist as a matter of common
sense A certain amount of quality or function that is epectedltSTRICT LIAILIT
Product defects and consumer safety the focus is on the product itself and noquestions of negligence arise
A manufacturer may be strictly liable for any damage that results from the use ofhis product even though the manufacturer as not negligent in producing it
G)ARANTEE applies to services and agreements
AICE TO ESI$N EN$INEERS TO AOI PROCT LIAILITIES
bull Formal esin Re4ieamps conceptual feasibility and finalbull Codes and Standards adhere to all government industry and company
standards and codesbull Stateofteart esin Metods ma7e choices that lean toard safety
bull Formal Haard Anal$sis identify hazards try to prevent or eliminate actionplan remedial action
bull Formal Failure Anal$sis 3ailure (odes and Effects Analysis amp3(EA and3ault Tree Analysis amp3TA
bull esin Records 2eep good design records to shoe planning for safety
AICE TO MANFACTRERS
bull ltualit$ Assurance and Testin $ 111
bull Instruction7 5arnin and aner Sins f dangers do eist plan forproper signs to give arnings of danger
bull Instruction Manuals Any product that is dangerous should come ith aservice or instruction manual
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bull 5arranties7 isclaimers and oter Pu1lised Material evie allinformation ith the design engineer and by a products liability layer
bull Consumer Complaints nvestigate claims quic7ly to fi problems early
bull Customer Records gtave good records in case of a recall
OTAININ$ CANAIAN STANARS
6hec7 ith the $tandards 6ouncil of 6anada amp$66 They promote efficient andeffective standardization in 6anada
The $66 manages the )ational $tandards $ystem amp)$$ The )$$ ritestandards certify products test products and register quality systems ofcompanies amp$ 111
The $66 coordinates the 6anadian contribution to $ ampnternational
rganization for standards and E6 ampnternational Electrotechnical 6ommission
ISO === 7 QALIT MANA$EMENT AN QALIT ASSRANCESTANARS
t is a standard for effective management of a manufacturing corporation in orderto maimize the quality of the manufactured products
A 7ey part of the process involves the development of a ualit 3anual thatdocuments the four 7ey aspects of the certification process
bull quality policies for every aspect of the corporation-s operationsbull quality assurance procedures
bull quality process procedures
bull quality proof
ISO 3=== 7 ENIRONMENTAL MANA$EMENT SSTEMS
The process requires the company to eamine every function of its operationsith the goal of identifying activities ith a significant environmental impact andcommitting the company to preventing pollution in all of its many forms
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CHAPTER 8gt isciplinar$ Poampers and Procedures
EFINITION OF PROFESSIONAL MISCONCT
Each Association has the poer to prosecute people ho unlafully practiceprofessional engineering and to discipline licensed engineers ho are guilty ofprofessional misconduct or incompetence
The provincial Acts typically identify I causes for disciplinary action
bull Professional Misconduct Any conduct detrimental to the best interestsof the public or that harms or tends to harm the standing of the profession
generally as unprofessional conduct ampor an act that ould reasonably beregarded as unprofessional
bull Incompetence a lac7 of 7noledge s7ill udgment or disregard for theelfare of the public that demonstrates the member is unfit to carry out theresponsibilities of a professional engineer
bull Nelience carelessness or carrying out or7 that is belo the acceptedstandard of care or performance
bull reac of te Code of Etics
bull P$sical or Mental Incapacit$ this is included as a definition ofincompetence
bull Con4iction of an Offense isciplinary action against a member ho isguilty of an offense that is relevant to the member-s suitability to practice
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ISCIPLINAR PROCESS
hen a complaint of negligence incompetence or professional misconduct ismade against a licensed professional engineer it sets in motion a Fstageprocess of
bull Gathering nformationbull Evaluating the 6omplaint
bull 6onducting a 3ormal gtearing that enders 4udgment
Stipulated Order A simpler form of disciplinary hearing for less serious casesThe decision of guilt or innocence is decided by one representative and the resulthas no appeal process =oth parties agree to the outcome
f a member or licensee should be found guilty the iscipline 6ommittee can
bull suspend or revo7e your licensebull impose restriction on your license
bull require the member to be counseled or reprimanded
bull ma7e you pay cost of investigation or hearing
bull ma7e you rite eams or ta7e courses
bull impose up to a M01111 fine
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CHAPTER 8 Maintainin Professional Competence
Engineers have the privilege of selfregulation a privilege accompanied by acorresponding duty to maintain competence and avoid professionalobsolescence
The process requires engineers ampand engineering corporations to maintaincompetence by
bull enineerin practice or emplo$ment
bull formal education amp+niversity or Association courses
bull informal education ampshort courses or seminarsbull pu1lications
bull participation in enineerin societies
bull 1encmarin ampcomparing your practices against best practices
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CHAPTER 8 Enineerin Societies
The maor purpose of engineering societies is to encourage research into netheories or methods to collect and classify this ne information and todisseminate it to members so that it can be put to good use
The difference beteen an association and a society is that the Associationregulates professional behavior and the $ocieties disseminate engineeringinformation $o you should be a member of both
$ocieties have been established by groups of engineers hose commoninterests are based on
bull discipline
bull product
bull facility
bull evaluation
bull function
bull environment
bull language
bull geographical area
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THE CONCEPTS OF PROFESSIONALISM
PROFESSION
bull A learned calling ith specialized 7noledge
bull Performs services ith advanced 7noledge s7ill and udgment in hich
the public trusts
bull gtas public obligation and performs services in the general public interest
bull s bound by an ethical code in its relationship ith the public clientsemployees and colleagues
bull Accepts responsibility to regulate professional members and professionalservices provided to clients and the public
Engineering is a profession that is selfo4ernin and has the authority todiscipline members ho fail to comply ith proper standards of practice andconduct
The engineering profession is
bull highly organized
bull minimum standards of admissionbull regulate the activities of their members amps7illed practice and ethical conduct
bull promote the advancement of 7noledge
Professionals depend on the confidence ofbull the client or employer
bull the public
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ECEENCE
A shared commitment ith your peers to strive for ecellence
ETHICS
Ethics deals ith voluntary actions ta7en by an individual ith sufficient7noledge of options available
The COE OF ETHICS shapes the practice in to important aysbull provides a commonest of values hich offers a reliable professional
product to the public
bull professional relationship of trust ith the public is fundamental
APE$$A COE OF ETHICS
Professional Engineers shall recognize that professional ethics is founded uponintegrity competence dignity and devotion to service
8 P En sall old paramount7 te ealt7 safet$ and ampelfare of te pu1lic and en4ironment
bull They have an obligation to report conditions hich present an
immediate threat to safety health elfare or the environment
bull t should first be reported to the professionals involved then to
corporate or regulatory authorities
PEn sall undertae onl$ ampor tat te$ are competent to perform 1$teir trainin and eperience
bull Professional members should ensure to the best of their ability thatstatements on engineering matters attributed to them properly reflecttheir professional opinion
Stampin and Sinin ocuments8
bull Professionals shall only stamp and sign documents that they haveprepared or that have been prepared under their direct supervision andcontrol
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bull hen or7 is prepared by others they shall only stamp and sign afterhaving thoroughly revieed the or7 and accepted responsibility for it
bull Engineers ho apply their seals or stamps to reports plans or otherdocuments are stating that they understand and are in agreement ith
these documents
bull The absence of a seal or stamp does not necessarily indicate that aprofessional member has not revieed the document not does itrelieve the member from professional or legal responsibility if it can beshon that he or she as involved ith the or7
B P En sall conduct temsel4es ampit interit$7 onest$7 fairness ando1ecti4it$ in teir professional acti4ities
bull A client-s or employer-s interests should be held in high regard gtoeverthe folloing duties ta7e precedencelt
o duty to protect public safety
o duty to the professions under the 6ode of Ethics
o duty to act fairly to all parties hen administering a contract on
behalf of a client or employer
bull Professionals should 7eep confidential all information that is acquired inthe course of their professional duties and that concerns the businessaffairs of present or past clientsemployees
gt PEn sall compl$ ampit applica1le statutes7 reulations and 1$laamps inteir professional practice
bull Professionals should maintain adequate 7noledge of the la relating totheir area of practice
bull esponsible n4ironmntal mana+mnt comutr softar anddiscrimination are a fe of the subects covered under this ule
PEn sall upold and enance te onor7 dinit$7 and reputation of teir professions7 and te a1ilit$ to ser4e te pu1lic interest
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bull Advertisements proposals and presentations should be factual clearand dignified
bull A professional should be careful to give due credit to others
bull nly revie the or7 of another professional hen they have beeninformed unless there is a confidentiality agreement to the client
bull gtelp ET-s
APE$$A COE OF ETHICS
0 P Eng shall hold paramount the DealtD safet6 and elfare of tDe pulic and enironment
B PEng shall underta7e only or tDat tDe6 are competent to perform bytheir training and eperience
F P Eng shall conduct themselves ith interit6 Donest6 fairness and
oGectiit6 in their professional activities
K PEng shall compl6 itD applicale statutes reulations and 62las intheir professional practice
H PEng shall uphold and enhance the Donor dinit6 and reputation of their professions and the ability to sere tDe pulic interest
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COPRI$HTS
9RiDt to cop6
nly the oner of the or7 is alloed to reproduce the or7 or permit others tocopy it
Plaiarism is copying someone else-s or7 and claiming it as your on
Fair ealin +se or reproduction of or7 for private study research criticismrevie or nes reporting
Cop6riDts appl6 to8bull iterar$ ampors boo7s poems pamphlets computer programs
bull ramatic ampors films videos plays scripts
bull Musical ampors compositions ampords and music
bull Artistic ampors paintings draings maps photos sculptures architects
Also to8bull Performer(s performances actors musicians dancers
bull Communication Sinals broadcasters
bull Sound Recordins
6opyright is restricted to the epression in a fied manner amptet recordingdraing of an ideaL it does not etend to the idea itself
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3acts ideas and nes are all considered public property
6opyright does apply tobull $ong
bull )ovel
bull Playbull (agazine article
bull 6omputer program
bull ideo 6assettes (ovies
6opyright does NOT apply tobull $ong titlebull Plot ideabull Play of gtamletbull 3acts in an articlebull )ame of a computer programbull (a7ing a copy of a musical tape amproyalties have been paid already
bull 6opies for educational institutions ampcan 7eep radio and nes tapes for 0 year
bull )onprofit libraries archives and museumshen you create a or7 you automatically have copyright protection providedthat at the time of creation you ere a 6anadian 6itizen or a resident in a countrythat participates in 6opyright rules
Autorsip The person that creates the or7
Oampnersip f you are the creator of the or7 you on the copyright f you
create a or7 hile employed the copyright belongs to the employer ou canlegally transfer your rights to someone else then they on the copyright
uration 6opyright ampintellectual property lasts for the life of the author N H1years
Moral Rits Even if you sell your copyright you still retain moral rightsltThis means that no one including the person ho ons the copyright candistort mutilate or modify your or7 ampchange the ending use for a commercial etc
(oral rights eist for the same length as the copyrightou cannot sell or transfer your moral rights but you can aive them
RE$ISTRATION OF A COPRI$HT
ou do not have to register a copyright to have protection in 6anada
f you choose to register ith the copyright office you receive a certificate hichcan be used to your advantage if your or7 is infringed t is evidence that it is
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your or7 and you are the oner n a dispute you do not have to proveonership
ou send the application to the 6opyright office and you do not send your or7in ou may need to send a copy to the )ational ibrary of 6anada but the
6opyright office doesn-t revie your or7 at all
There is no requirement to mar7 your or7 under the 6opyright Act ou canmar7 it li7e this
)ame ear copy e 4ane oe 09I copy
ou can use this format even if you have not registered your or7
The 6opyright ffice is not responsible for ensuring that your copyright is notbeing infringedCCthis is your ob ou have to launch legal action yourself and
the courts are left to decide
Assinment As the oner you may decide i4e up part or all of $our rits toanother party The assignment may be for the hole term or for ust a certainpart of the term
icense ou as the oner give someone else permission to use your or7 forcertain purposes and under certain conditions but you still retain onership oudo not i4e up $our rits
Ro$alties (oney paid to the copyright oner as commission for sales of theiror7 or permission to use them
Tariffs $et fees that users must pay for using certain copyright material
Collecti4es an organization that collects royalties on behalf of its members
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TRAEMARampS
A trade2mar is a ord symbol or design to distinguish the products or servicesof an organization or person from others t can also represent a reputation
Ordinar$ Mars ords or symbols that distinguish your product or service ampe Giddy+p
Certification Mars identify ares or services that meet a defined standardThey are oned by one person but licensed to others to identify ares orservices hich meet a defined standard ampe oolmar7 APEGGA seal
istinuisin uise identifies the unique shape of a product or its pac7ageampe eggs Egg
A trade name is the name under hich you conduct your business The tradename can be registered under the Trade(ar7s Act only if it is also used as aTrademar7 ampto identify products or services
RE$ISTERIN$ A TRAE2MARamp
The Reistered Trade2Mar is one that is entered on the Trademar7s registerou are not required to register your trademar7 if you use it for a certain lengthof time you can establish onership by 6ommon a
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bull egistration of your trademar7 gives you the eclusive right to use the mar7across Canada for 8 $ears then you have to rene it
bull t is recommended that you register your Trade(ar7 in case someone elsetries to use it
bull f you fail to use the mar7 for an etended period your registration may becancelled
bull ou can register a trademar7 by filing an application for registration ith theTrademar7s ffice our trade2mar must e used in Canada efore itcan e reistered+
RE$ISTRATION QALIFICATIONS
bull 6annot be primarily your full name or surname ampunless you can prove it is already
identified
bull ou may not register a ord that clearly describes a feature of the product orservice ampseet uicy
bull The ord cannot be clearly misleading ampdeceptively misdescriptive ampe sugarseet if it has no sugar
bull ou may not register a ord that clearly designates the place of origin of theproduct or service or if it misleads the public into thin7ing that the productcomes from there ampParis 3ashions Atlantic 6od but you can use )orth Pole =ananasbecause no one ould epect them to come from there
bull ou can use a disclaimer statement indicating that you are not claimingeclusive rights for certain ords appearing in the trademar7 n this ayyou can use clearly descriptive ords hich are unregisterable on their onampce 6ream in =ob-s ce 6ream
bull )ames of products in other languages cannot be registered ampurstlt is Germanfor sausage
bull 6annot be registered if it consists or a plant variety denomination
bull ou cannot use ords symbols sounds or ideas that are confusingly similar
to a registered trademar7 or a pending mar7 amp2ing og 3ood and 2ing 6at 3oodould be refused
bull ou cannot register a trademar7 that resembles certain official symbolsunless you have the consent of the authority in question
o fficial government symbols
o 3amily coats of arms
o =adges and crests or 6(P
o Emblems and names of ed 6ross or +)
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o 3lags of other countries
o $ymbols of provinces
=efore you try to register your trademar7 do a search and include trade namesas ell
After you have a registered trademar7 to 7eep it you mustLbull Pay the registration fees every 0H years
bull +se the trademar7 in 6anada or it ill be epunged
Assinment to sell or transfer your rights to a trademar7 to another party
Marin ReDuirements The Trade(ar7s Act does )T have anyrequirements but many oners indicate their registration through the folloingmar7s
983214 O registered trademar7
991522 O trademar7$( O service mar7
The Trade(ar7 ffice ill prevent anyone else from registering your trademar7but it is your responsibility to monitor the mar7etplace and ta7e legal action ifsomeone is using your trademar7
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PATENTS
A patent is
bull A document protecting the rights of the inventor
bull A repository of useful technical information for the public
The idea is to promote the sharing of technological information hile giving you amonopoly on your creation
ith a patent the government gives the inventor the right to eclude others fromma7ing or selling your invention
The invention is protected from the day the patent is granted to a maimum of =6ears after the day you filed your application
The Patent ffice then epects you to provide a full description of your inventionso that all 6anadians can benefit from this technology They allo your
application to be open gt montDs from the filing date during the con4ention priorit$ date
Patent applications are made pulic gt montDs after the 6anadian 3iling ate
ou must obtain a valid patent ithin 8 $ear of main te product pu1lic
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A 6anadian patent is only etended throughout 6anada ou must apply forpatent rights in other countries separately
t is important to 7eep your invention secret until your first patent application isfiled in order to preserve your rights to file later in most foreign countries
3or an invention to be patented it must be
bull NO0ET= 3irst in the orld
bull )TIIT= 3unctional and operative
bull INGEN)IT= $ho inventive ingenuity and not be obvious to someones7illed in that area
The folloing items are patentable
bull Product ampdoor loc7
bull A composition ampchemical composition li7e lubricant
bull An apparatus ampmachine to ma7e door loc7s
bull A process ampmethod
bull An improvement on any of these
The idea alone is not patentable t must be reduced to something physical
ou CANNOT patentbull A scientific principle
bull An abstract theorem
bull An idea
bull A method of doing businessbull A computer program
bull A medical treatmentn 6anada patents are given to the first inventor to file an application
f you invent something hile or7ing for an employer on the employer-s timeith the employer-s materials at the epense of the employer the inventionrights still belong to you unless you have been hired by the company to inventpatentable inventions
PATENT APPLICATION
+ $et a Patent Aent
+ Preliminar6 SearcD
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bull ou can do a preliminary search in the online database or visit the Patentffice in person
0+ Preparin tDe Patent Application
bull A patent application must consist ofo a1stract ampbrief description
o specification ampclaims and boundaries of protection
o draampins
3+ File 6our Application4+ Reuest eBamination5+ EBaminer does searcD and approes or oGects+lt+ Respond to an6 oGectionsgt+ Patent ranted or oGected+
CONENTION PRIORIT
(any countries belong to the Paris 6onvention for the Protection of ndustrialProperty
This treaty allos you to invo7e convention prioritylt hich means that your filingdate in one member country ill be recognized by all others provided you file inthose countries ithin the first year
ampe if you file in 6anada in 4anuary B111 you could file up to one year later in most countriesamp4anuary B110 and still receive the same rights as if you filed in B111
PATENT COOPERATION TREAT (PCT)
t provides a standardized international filing procedure for foreign patents hichis shared by our principal trading partners including the +$ 4apan and mostEuropean countriesou may file for a patent in as many as 01I member countries through a singleapplication filed in 6anada
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INSTRIAL ESI$N
An Industrial esin is the features of shape configuration pattern or ornamentapplied to a finished article made by hand tool or machine ampappealing to the eye
There is no time limit for filing an application as long as the design has neverbeen published ampmade public to anyone
ou must file ithin 6ear of going public ith your design or you ill lose youreclusive rights to the design
The advantage of registering your industrial design is that it gives you eclusive
right to your design for up to = 6ears from tDe date of reistration
+nless you register your design you can ma7e no legal claim of onership andhave no legal protection from imitation
nly the proprietor ampcreator of the design may obtain registration unless youhave been hired to develop a design Then the hirer is the proprietor
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Trade Secret industrial 7noho or valuable information acquired by abusiness t could be a
bull formula
bull pattern
bull device
bull compilation of info used to give you an advantage over the competitors
ou cannot registerbull That don-t have visual appeal
bull 3eatures that are hidden from vie or too small to appeal to the eye
bull A method of construction
bull An idea
bull (aterials used in construction
bull 3unction of an article
bull 6olor
ESI$N RE$ISTRATION
The application ill includebull Application forms ampdescription
bull At least one draing or photograph
bull 3ees
The process ill include
bull nitial processing
bull Eamination
bull egistration
ou do not have to mar7 your design in order to indicate that it is registered butmar7ing it gives you etra protection
As proprietor you may ta7e legal action against anyone ho infringes on yourdesign in 6anada but you must ta7e action ithin F years of the incident
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An 9assinment occurs hen you sell all or part of your rights in the designpermanently to another party
ou can 9license another user to allo someone else to use your design but
you still retain onership
To have your design protected in other countries you must apply separately ineach country
ou have 5 montDs to file for 9conention priorit6+ampe you apply to register in 6anada in 4anuary B111 then you have until 4uly B111 to file in other 6onvention countries and receive the same rights as if it ere 4anuary B111
LA FOR PROFESSIONAL EN$INEERS OOamp
CHAPTER 8 Te Canadian eal S$stem
The legal system of 6anada is based on the English common2lalt system andthe English courts of euit6lt system ampudgemade la and is calledCOMMON2LAlt
The 3ederal 6ourt of 6anada has urisdiction over federal matters such aspatents trademar7s and copyrights
Pu1lic aamp deals ith the rights and obligations of government ampcriminal and6onstitutional la
Pri4ate aamp deals ith the rights and obligations of individuals or private organizations ampCONTRACT AN TORT LA
Termsbull itigation lasuit
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bull Plaintiff party bringing the actionbull efendant party defending the actionbull Appellant party appealing the decisionbull espondent party see7ing to uphold a decisionbull Privity of contract legal relationship beteen parties to a contract
bull 6reditor party to hom an amount is oingbull ebtor party that oes an amount to creditor bull $uarantee A guarantees = the debt of 6omp amphen = doesn-t get paid
= goes to 6omp first then to A
bull Indemnification a promise to directly compensate or reimburseanother party for a loss or cost incurred f Aindemnifies = the debt of 6omp amphen = doesn-t get paid =goes directly to A
CHAPTER usiness Oraniations
Sole Proprietorsip an individual carries on business by and for himself andalso enoys the profits and incurs any losses personally
Partnersip an association of persons ho conduct business in common ith avie to profit ndividuals or organizations share profits and losses
Corporation an entity unto itself distinct from its oners ampfictitious personThe corporation itself ons its assets and incurs its on liabilities
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CHAPTER B International Considerations
t is etremely important to obtain advice from an appropriately eperiencedlayer in the foreign country or have the advice of a consultant in that countryt is ise to purchase political ris7 insurance and to use careful udgment together ith a local influential partner
$ome potential ris7s of or7ing internationally are
bull Political Ris is one of the more obvious ris7 factors in or7inginternationally The 6hanges in government can lead to significant policychanges
bull Licensin reuirements and obtaining necessary permits and approvalsin a foreign country under different legal systems can be timeconsuming
bull Financial Riss due to currency echange and controls or restrictions onthe transfer of funds out of the country
bull Contract documents and forms used on proects may be different
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CHAPTER gt Tort ia1ilit$
Tort8 generally refers to a private or civil rong or inury one that involvesnegligence and that may arise independently of contract ampcar driver and victim
amphich includes financial loss hen based on a professional-s opinion
The fundamental purpose of tort la is to compensate ictims of tortsPunishment of negligent rongdoers IS NOT a purpose of tort la
Professional liability insurance should provide protection if an engineer-snegligence results in damage arising in tort
n order to satisfy the courts that compensation should be made the plaintiff in atort action must prove that
bull The defendant oed the plaintiff a duty of care
bull The defendant breached that duty by his conduct
bull The defendant-s conduct caused the inury to the plaintiff
f any 0 of these F aspects is not proven to the satisfaction of the courts theplaintiff ill not in
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A significant factor in a tort action is the establishment of the standard of carerequired of the defendant
The standard is applied based on the premise that engineers have a duty to use
the reasonable care and s7ill of engineers of ordinary competence Thereasonable carelt is measured by applicable professional standards of theengineering profession at the time the services ere performed
Strict ia1ilit$ manufacturers and employers are held strictly liable hen faultis not necessary if compensation is to be provided ampnot yet upheld in 6anadaampe All employees ma7e contributions on behalf of employees and if someone is inuredcompensation is provided ith no finding of faultampe A manufacturer may be strictl6 lialelt if for any damages that result from the use of theirproduct
0icarious ia1ilit$ The employer is responsible for damaged caused by its
employees The employer provides compensation because it is presumed thatthe employer is in a better financial position than the employee
Concurrent Tortfeasors hen more than one party is liable in a tort actionThe defendant-s together are called concurrent tortfeasors
Products ia1ilit$ The plaintiff must be able to establish that damage hasclearly resulted from appropriate use of a product and the defendantmanufacturer must then persuade the court that at the time the manufacturercould not have foreseen the defective nature of the goods manufactured6anada has not yet ta7en a strict liability approach on products as the +$ has
Products liability has developed through principles of both contract la and tortla The tort concept of fault has been applied and implied contractualarranties that the product is effective and the contract of a sale must also eist
n productsliability matters economic losses ampin the absence of physical inurymay in some circumstances be recoverable
Standards of Care and ut$ to 5arn A manufacturer must arn theconsumer of any dangerous potential of the product by appropriate labeling
Oter Tortsbull Tort of defamation8 ampif the statements that damage the reputation are true there is
no liability
o ibel D in riting
o $lander D verbal
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bull Occupiers Liailit68 The occupier of a property must eercise therequired standard of care to ensure the safety of individuals coming ontothat property
bull Tort of Nuisance8 esigned to alleviate undue interference ith the
comfortable and convenient enoyment of the plaintiff-s landampe insecticide spray drifting onto other land
CHAPTER Proof
The burden of proof is on the plaintiff to prove the case against the defendant
Engineers often find themselves ma7ing appearances as eBpert itnesses incourt
The epert is permitted to epress opinions ith respect to his or her area ofepertise and the itness should be cautious and restrict testimony to such
area
ou ill be hired by one side and crosseamined by counsel from the otherparty
Preparation is of the utmost importance in litigation The epert itness shouldclearly understand the issues in the lasuit and be aare of the scope ofquestions that can be reasonably epected
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CHAPTER 28 Contracts
3or a contract to be binding and enforceable the folloing elements must bepresent
bull An offer made and accepted
bull (utual intent to enter into the contract
bull 6onsideration or offer ampan echange of promises each promise representing
something of valueCpayment of money is not essential
bull 6apacity to contract ampcan-t be a minor drun7 or crazyCenforceable by the drun7 if
the other party 7ne they ere intoicatedbull aful purpose 6ontract on-t be enforced if it is unlaful
An offer is a promise made by one person to another
)ot all contracts are in riting
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+ntil it is accepted the offer may be ithdran by the offeror unless it is madeepressly irrevocable by its terms
Irre4oca1le Offers =idders submit offers or tenders that have been madeirrevocable for a specific period of time At any point during that period the offer
may be accepted and a contract ill be formed
Option Contract This contract is another means of 7eeping an offer open for acertain period of timeampe The party purchasing the option may ant do eploration or7 for a period of time beforedeciding to spend a large sum of money on the property
EDuita1le Estoppel A udge can stoplt the strict terms of a contract from beingfolloed if it is proven that the terms had changed outside of the agreementampoften used hen etensions to deadlines are agreed upon and then the person tried to go bac7to the original ritten contract
Pursuant to contract la consideration ampor a seal must be present in order toma7e a change to a contract enforceable D otherise it is ust a promise not laThe courts protect the person in the situation here a promise is ta7en as fullagreement
Statute of Frauds Ensures that certain types of contracts must be in riting tobe enforceable
Rectification This order can be applied for to rectify a contract because of asecretarial or recording mista7e
)nilateral Mistae A mista7e made by only one party to a contract 6ourts illdecide hether a contractor ill be relieved of their mista7e
CHAPTER 8 Tenderin Issues Contract A
a of tendering in 6anada gives the principle that there are B separatecontracts that arise in the tendering process
0 Contract A D the contract of irrevocability ampthat deals ith the tenderingphase
B Contract D the construction contract ampapplies to the construction phase
The number of number of tenders submitted is the number of 6ontract A-s thatare formed
The original tender pac7age contents cannot be changed ithout notifyingeveryone or you are in =reach of 6ontract A
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CHAPTER 82 Contract Interpretation
Parties to a contract sometimes dispute the meaning of part of the contract Todifferent approaches can be ta7en hen interpreting contracts
bull i1eral Approac ta7es into account the intent of the parties and maylead to speculation on that intent
bull Strict Approac focuses on the precise ords in the agreement andmay rely on dictionary meanings
Contra Preferentem hen a contract is ambiguous or unclear it ill beinterpreted against the person that rote it up
Parol E4idence Rule hen verbal agreements outside of the ritten contractare included as rule in a contract n most cases if a condition is agreed uponverbally but is not included in the contract then the condition is not part of thecontract
Implied Terms hen the inclusion of obvious terms of a contract have beenoverloo7ed here it is reasonable implied terms may eist in a contract
CHAPTER 83 iscare of Contracts
There are several ays to discharge a contract
bull Performance hen all parties have completed their respectiveobligations the contract is at an end
bull Areement to iscare Parties in a contract are alays free to amend
the contract or agree to cancel or terminate the contract upon mutuallyagreed terms
bull iscare Pursuant to Epress Terms t is advised to include in acontract terms here all parties may terminate the contract if certainoutside events ere to occur ampe ban7ruptcy
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bull iscare 1$ Frustration hen changing unforeseeablecircumstances occur that may radically change the obligations of theparties
o Force Maeure Provides that the time for completion ill beetended in the event of ar riot flood labor dispute or other
events that are beyond the control of both parties
bull iscare 1$ reac of Contract ne party fail to perform obligations
o iscare 1$ Repudiation hen the party to a contract
epressly tells the other party that they have no intention ofperforming contractual obligations
CHAPTER 86 reac of Contract
f a party to a contract fails to perform obligations specified in the contract thenthat party has breached the contract
The innocent party is entitled to certain remedies depending on the nature of thebreach and the terms of the contract
Condition an obligation that is essential or vital to the contract5arrant$ an obligation that is NOT essential or vital to the contract
A =reach of 6ontract is a cause for discharge only if its effect is to render itpurposeless for the innocent party to proceed further ith performance
Repudiation hen the party to a contract epressly tells the other party thatthey have no intention of performing contractual obligations
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REMIIES
A nondefaulting party is entitled to damages for losses incurred as a result of abreach of contract
irect amaes Actual calculated difference in the cost of having to chooseone service over the other ampthe loest bid is chosen and then they refuse to do the or7so the second loest bid is chosen and the party sues for the monetary difference beteen theloest and second loest bid
Indirect amaes Are consequential to the breach and might include damagesfor lost profits or damages incurred if the contract is not fulfilled
iDuidated amaes Are preestimated damages if certain events ere tooccur that are ritten into the contract under a Penalty 6lause
ltuantum Meruit hen services have been requested and performed but nooutside agreement as reached beteen the parties as to hat payment ouldbe provided in return for the services then the courts can aard the person ithas much as is reasonably deservedlt for time spent and materials supplied
Su1stantial Compliance hen a contractor has substantially complied iththe terms of a contract yet failed to comply ith some minor aspect of thecontract The contractor ill be paid the contract price minus the cost ofdamages caused by the minor problems
Specific Performance hen the courts require a party to perform a contractual
obligation li7e the sale of land or a personal item
Inunction A court order that prohibits or restrains a party from performing anactCHAPTER 9 Fundamental reac
Applies to a contract that contains an eemption clause amphere parties limit theirliability if a breach of contract results and ma7es the eemption ineffective
CHAPTER 8 Areement etampeen Client and Enineer
A contract beteen a client and an engineer must include all of the essentialcontract elements
The document ill not specify the degree of care that is required of the engineerin carrying out the services =ut the engineer is liable for incompetence
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carelessness or negligence that results in damages to the client and for notperforming ith an ordinary and reasonable degree of care and s7ill
CHAPTER Concurrent ia1ilit$ in Tort and Contract
+nless otherise stated in a contract the standard of care epected of anengineer doing a ob is the same standard of care by hich an engineer-sperformance is measured in tort
3or a breach of contract there is a limitation period of I years from date of thebreach in hich to press charges instead of hen it is discovered
n tort the limitation period in hich to press charges starts hen the damagesare first detected
CHAPTER 3 Ar1itration and AR
A lasuit is not alays the best ay to resolve a dispute beteen contractingparties especially technical disputes
Ar1itration or Alternati4e ispute Resolution +AR- t is less costly and lesspublic than litigation
An engineer that is an arbitrator is epected to act impartially and independentlyof the parties to the dispute
The Arbitration Act deals ith the appointment of an arbitrator and sets out astructure or set of rules to govern the conduct of an arbitration unless the partiesagree that some other structure or rules ill apply
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The Act also gives arbitrators the urisdiction to aard preudgment and post udgment interests ust li7e the courts have under the 6ourts of 4ustice Act
Partnerin intended to respond to the need for improved attitudes amongstindustry participants to the importance of teamor7 on proects
This cooperative attitude should assist in resolving proect disputes at an earlystage
) TGAT) and A=TAT) result in a 4+G(E)T TgtAT $=))G
Proect Neutral (proGect manaement oerie) The companies appoint a
proect neutral usually an independent professional eperienced in the industryto be aare of developments on the proect ith a vie to offering unbiasedadvice and decisions
Mediation esolving disputes through the negotiating process involving amediator ho is to provide guidance and to facilitate the settlement process agobeteenlt in communicating proposed settlements
There is no udgmentL the parties need to or7 out their differences
CHAPTER BB Industrial Propert$
Industrial Propert$ Rits ights that generally relate to patents trademar7scopyrights and industrial design
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0+ LE$AL SETTLEMENT AN EIN$ PAI ON THE OTCOME---
As an epert itness you are giving your professional opinions The amount youma7e ampcontingency ill be dependent upon the outcome of the case Getting
paid this ay is a conflict of interest since there is personal benefit based on theoutcome ou should accept a flat rate fee
3+ ORI$INAL SEALE RAIN$S CHAN$E INSPECTION---
ou don-t sign and seal the originalConly the copies so that modifications areevident f the proect isn-t to original specifications the calculations must bedone from scratch and nothing is to be done until they are complete
4+ RECIN$ OR FEE IF THE OECT HAS ALREA EENESI$NE FOR SOMEONE ELSE EFORE---
Establishing fair and reasonable fees depends on
bull evel of 7noledge and qualifications required
bull ifficulty and scope of the assignment
bull esponsibility that the engineer must assume
bull +rgency ith hich the or7 must be completed
bull Time required
ou should not loer your price to produce a similar design for 6lient = but if
6lient A anted a second building that as the same as the first then a smalldeal could be made
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CHAPTER 89 Te Enineer(s ut$ to Societ$ and te En4ironment
T TO SOCIET8
ou must put the greater good of society ahead of personal gain
The to environmental problems that have accompanied the industrialization ofour society
bull Proliferation of MacineMade Haards +sing highays aircraftnuclear poer toic chemicals more often ma7e it more dangerous
bull eradation of te En4ironment The lifestyle of industrialized nations
requires a high energy usage to maintain it The consumption of fossilfuels and the careless disposal of aste has deteriorated the environment
o 5aste isposal
o Air Pollution SO2 ndash from coal combustion (London) NO x ndash cars (LA) CO
Photochmical oxidants (sun) oon PAN Proxactl
nitrat
o Acid Rain
$amp harmful to fish at amp
o 5ater Pollution
isascausin+ bactria
Or+anic ast dcain+ in th atr
-rtilirs
oxic matrials ( PC) Acidification
0ast hat
A+ricultur ndash ind carris sticids salt frtilirs and
nitro+n to th atr
o Glo1al 5armin and Oone epletion +Greenouse Effect-
CO2 C$ NO2 O1 Chlorofluorocarbons
o Ener$ Conser4ation and Nuclear Poamper
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o Eponential Population Groampt
The good of society is determined on a utilitarian basis D creating the maimumgood for the maimum number of people
=efore reporting an incident to the Association
bull Informal Resolution 3irst the engineer should try to resolve problemsinformally and internally in an open and professional manner
bull Confidentialit$ f it is necessary to report a situation never report it to thepublic or media Alays report it to the Association or proper regulatory body
bull Retaliation ou cannot be fired for reporting a situation ou can file alasuit to recover lost ages and costs
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CHAPTER 88 Enineerin Case Histories
+ THE QEEC RI$E ISASTER
pened in 00 the longest cantilever span in the orld
=ridge as redesigned ith a larger span and the dead eight calculations erenot redone
Then there as a material failure in a bearing casting that temporarily supportedthe central span hile it as being transported and lifted into place
essons earnedbull ou have to have enough money to pay all the people to do their obs
properly for large proects before you start them amp(r 6ooper as not paid nearlyenough to do the etra or7 to redesign nor as he really competent
bull gtire capable competent professionals ampnot old or sic7 that can-t visit the construction site
bull 6learly define duties authorization and responsibility of professionalpersonnel
bull iscuss all design decisions and technical problems openly and listenreceptively amp3or F ee7s the chief engineer tried to contact 6ooper about the strangebending of some steel parts and recommended some changes be madeC6ooper didn-tlisten
bull evie details especially engineering design calculations amp6ooper did not redothe calculations for dead eight after he changed the length of the structure
bull (onitor or7 on the site adequately amp6ooper as too old and sic7 to monitor any ofthe building or fabrication
bull
Ensure that communication is rapid and accurate ampt too7 F ee7s for the chiefengineer to reach 6ooper ith his concerns
bull Provide adequate support staff for good money
+ THE ANCOER SECON NARROS RI$E ISASTER
4une 0H9 to spans of the cantilever bridge collapsed
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t as caused by the faulty design and eventual collapse of a temporary toersupporting the partially completed bridge
The additional time and material needed to reconstruct the damaged portions ofthe bridge
essons earned
bull 6onsulting engineers should recommend alloable stresses for temporaryconstruction support structures
bull The contractor should be required to submit all construction plans andcalculations for approval prior to construction
0+ THE ESTRA MINE ISASTER
(ay th 0B mine ble up and 7illed BI miners
The floor roof and sides of the road should have been cleared and treated ith
stonedust and proper ventilation procedures should have been folloed despitedelayed production
essons earned
bull Production demands resulted in the violation of basic and fundamental safemining practices
bull (anagement ignored or encouraged many hazardous and illegal practicesincluding 0Bhour or7 shifts improper storage of fuel refueling vehiclesunderground using nonflameproof equipment
bull The methane gas from the coal needed to be properly ventilated out of themine
bull Proper permits and changes to the mine plans ere not approved by theproper authorities
bull ritten orders to stonedust and to clean up the mine ere not folloed
3+ THE LO$EPOLE ELL LOOT
ctober 0Jth 0B a sour gas Amoco ell ble out and they could not get itbac7 under control
The initial 7ic7 occurred primarily because drilling practices during the ta7ing ofcores ere not folloed and this combined ith the marginally adequate muddensity used permitted the entry of reservoir fluids into the ellbore
They lost control of the ell and then it started on fire from some (us7eg thatas burning underground
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There ere also some equipment failures that attributed to not being ale tocirculate the 7ic7 out quic7 enough
essons earned
bull Amoco did not apply the necessary degree of caution hile carrying outoperationsbull )eeded to be fully prepared in the event of a fluid influ
4+ THE RE21 MININ$ FRA
The samples had been saltedlt D adding minerals li7e gold here none eist
essons earned
bull The chief geologist had a responsibility to sho due diligence in safeguardingthe core samples and ensuring that the gold assay as properly done Thatthe gold content based on the samples as accurately calculated and thatthe doublechec7s ere made to confirm the results
bull This emphasizes the critical dependence of the mining and resourceindustries on professionals ith high ethical standards
5+ THE CHALLEN$ER SPACE SHTTLE E1PLOSION
n 4anuary B9 09I the accident as caused by hot gases bloing past one ofthe seals in the roc7et boosters The seal had been unable to do its ob properlybecause of the unusually lo temperature in 3lorida on the day of the launch
The manufacturer of the boosters had this information but had decided to goahead ith the launch anyay
essons earned
bull n an enormously large organization it is easy for decision ma7ing to fall
through the crac7s
bull t is very easy for engineers to fall into the comforting belief that they arefolloing a conservative course hen in fact they are deviating intodangerous territory
bull isasters are easy to create D safety comes hard
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lt+ THE C2= PASSEN$ER AIRCRAT ISASTER
n 0JB a cargo door latch failed and the door ble out of a 601 over indsor) and the eplosive decompression of the cargo compartment caused part of
the cabin floor to collapse
This opened a large hole in the bottom of the fuselage and severed most of thehydraulic lines hich caused the loss of control of the rudder and aileronsEveryone landed safely that day
n 0JK another 601 over Paris lost its cargo door The decompression ofthe cargo compartment again caused the cabin floor to collapseL control of theailerons and rudder ere lost and the plane crashed 7illing FKI people
essons earned
bull The 3AA failed in its role of safety atchdog t certified the cargo doordesign in spite of the failure during the ground test Then after the neardisaster over indsor they merely advised the airlines to follo themanufacturer-s service bulletin rather than issuing a directive that ould haverequired all 601-s to be retrofitted
gt+ TO1IC POLLTION8 LOE CANAL MINAMATA HOPAL SR
mproper disposal of toic or environmentally harmful aste
Loe Canal Ne or 7 ioBin
bull n 0HF gtoo7er 6hemical 6orporation dumped over 09111 tons of chemicalaste including dioins until the canal as flat land again
bull Then they donated the land to the =oard of Education but said nothing aboutthe chemicals buried there
bull Eventually the chemicals ere discovered in 0JI and the area asevacuated and treated
bull Total cost of the cleanup as MBH1 million and gtoo7er asn-t liable for any ofit because of their contract hen they donated the land
Minamata a6 apan 7 Mercur6 Poisoninbull n 0FB the 6hisso 6ompany a nitrogen fertilizer company began producing
acetaldehyde (ercury as needed as a catalystbull uring the production process a portion of the mercury as lost D ashed
into the =ay ith the aste aterbull The organic mercury as absorbed by the shell fish and eventually eaten by
people
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bull =y 0IB it as estimated that about B11 people had contracted (inimatadisease
Dopal India 7 MetD6l Isoc6anate
bull n 09K a poisonous cloud of methyl isocyanate gas escaped from the +nion
6arbide plant 7illing thousands of people up to I 7m aaybull The incident happened hen a or7er as cleaning a pipe ith ater and the
ater mied ith the chemicals and over pressured the tan7s causing them torelease the gas
Sudur6 Ontario 7 SulpDur ioBide
bull )ic7el that is mined in ntario is in the form of sulphied ore and cannot be
directly converted into metallic form t must first be smelted D burned toremove the sulphur hich is done in huge open roastslt hich emitted huge
toic clouds of sulphur dioidebull $ulphur ioide hen dissolved in ater became acid rain
bull This devastated the area around the plantL trees are stunted and sparsela7es have no fish no bird life
bull $ince then about F111 hectares have been reclaimed
essons earned
bull Each of these incidents involves ignorance carelessness or incompetenceand most involve an arrogant lac7 of ethical action
bull6onsequences of negligence can be terrifying
+ NCLEAR SAFET
TDree Mile Island
(arch B9 0J a routine maintenance operation a pressure valve stuc7 openalloing radioactive ater to escape from the system for more than B hoursleaving the reactor core partially uncooled
(ore than 0F of the reactor core had melted and fallen to the bottom of thereactor vessel Than7 goodness the molten mass did not burn through thebottom of the reactor to penetrate the ground ater table ampin a cynical version ofthis story the molten mass continues to burn through the interior of the earth untilit emerges in 6hina ampThe 6hina $yndrome
t as not a disaster for the public but the unit as destroyed and the cleanupcost nearly M0 billion
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CDerno6l
April BI 09I reactor number K eploded releasing a huge cloud of radioactive
plutonium cesium and uranium dioide into the atmosphere
Accident occurred during a lopoer test =ecause of the design during loerpoer the ater in the core decreases
To date the number of related deaths is beteen J11101111 They aiteddays even ee7s to admit that it had eploded and they too7 even longer toevacuate the peopleessons earned
bull The possibility of disaster might be very small but it is not zero
bull $uch responsibility should never be treated casually
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CHAPTER 8 Product Safet$7 ltualit$ and ia1ilit$
NE$LI$ENCE AN LIAILIT
Engineers are liable for negligent incompetent or careless acts that result indamages to others including the employer
Engineers are required to use reasonable care established practices and elltested engineering principles
Nelience an act or omission that constitutes a failure to maintain thestandards that a reasonable and prudent practitioner ould maintain in thecircumstances
ITH A CONTRACT8
bull )egligence incompetence or carelessness may be a basis for a lasuit overbreach of contractlt
bull t is good practice to consider all reasonable ays in hich an agreementmay go rong foresee damages and include clauses that specify bonusesfor good results or limits to liability
ITHOT A CONTRACT8 (driin)
bull (ay result in legal liability based on tort la ampinuries or damages
bull To in a claim under tort la the plaintiff must prove
o that the defendant had a duty of care to the plaintiff
o that the defendant breached that dutyo that the loss or damage as a direct result of the defendant-s breach of
duty
iability insurance is a ise investment t is essential for manufacturers thatemploy engineers because of
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0icarious ia1ilit$ the engineer-s employer is liable for any loss or damagethat results from a tort caused by an employee The engineer is protectedfinancially but not from disciplinary action by the Association
PROCT ARRANTIES
5ARRANT= applies to goods and products
bull Epress 5arranties promises that the product has a certain quality or itill perform for a certain period of time
bull Implied 5arranties unstated promises that eist as a matter of common
sense A certain amount of quality or function that is epectedltSTRICT LIAILIT
Product defects and consumer safety the focus is on the product itself and noquestions of negligence arise
A manufacturer may be strictly liable for any damage that results from the use ofhis product even though the manufacturer as not negligent in producing it
G)ARANTEE applies to services and agreements
AICE TO ESI$N EN$INEERS TO AOI PROCT LIAILITIES
bull Formal esin Re4ieamps conceptual feasibility and finalbull Codes and Standards adhere to all government industry and company
standards and codesbull Stateofteart esin Metods ma7e choices that lean toard safety
bull Formal Haard Anal$sis identify hazards try to prevent or eliminate actionplan remedial action
bull Formal Failure Anal$sis 3ailure (odes and Effects Analysis amp3(EA and3ault Tree Analysis amp3TA
bull esin Records 2eep good design records to shoe planning for safety
AICE TO MANFACTRERS
bull ltualit$ Assurance and Testin $ 111
bull Instruction7 5arnin and aner Sins f dangers do eist plan forproper signs to give arnings of danger
bull Instruction Manuals Any product that is dangerous should come ith aservice or instruction manual
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bull 5arranties7 isclaimers and oter Pu1lised Material evie allinformation ith the design engineer and by a products liability layer
bull Consumer Complaints nvestigate claims quic7ly to fi problems early
bull Customer Records gtave good records in case of a recall
OTAININ$ CANAIAN STANARS
6hec7 ith the $tandards 6ouncil of 6anada amp$66 They promote efficient andeffective standardization in 6anada
The $66 manages the )ational $tandards $ystem amp)$$ The )$$ ritestandards certify products test products and register quality systems ofcompanies amp$ 111
The $66 coordinates the 6anadian contribution to $ ampnternational
rganization for standards and E6 ampnternational Electrotechnical 6ommission
ISO === 7 QALIT MANA$EMENT AN QALIT ASSRANCESTANARS
t is a standard for effective management of a manufacturing corporation in orderto maimize the quality of the manufactured products
A 7ey part of the process involves the development of a ualit 3anual thatdocuments the four 7ey aspects of the certification process
bull quality policies for every aspect of the corporation-s operationsbull quality assurance procedures
bull quality process procedures
bull quality proof
ISO 3=== 7 ENIRONMENTAL MANA$EMENT SSTEMS
The process requires the company to eamine every function of its operationsith the goal of identifying activities ith a significant environmental impact andcommitting the company to preventing pollution in all of its many forms
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CHAPTER 8gt isciplinar$ Poampers and Procedures
EFINITION OF PROFESSIONAL MISCONCT
Each Association has the poer to prosecute people ho unlafully practiceprofessional engineering and to discipline licensed engineers ho are guilty ofprofessional misconduct or incompetence
The provincial Acts typically identify I causes for disciplinary action
bull Professional Misconduct Any conduct detrimental to the best interestsof the public or that harms or tends to harm the standing of the profession
generally as unprofessional conduct ampor an act that ould reasonably beregarded as unprofessional
bull Incompetence a lac7 of 7noledge s7ill udgment or disregard for theelfare of the public that demonstrates the member is unfit to carry out theresponsibilities of a professional engineer
bull Nelience carelessness or carrying out or7 that is belo the acceptedstandard of care or performance
bull reac of te Code of Etics
bull P$sical or Mental Incapacit$ this is included as a definition ofincompetence
bull Con4iction of an Offense isciplinary action against a member ho isguilty of an offense that is relevant to the member-s suitability to practice
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ISCIPLINAR PROCESS
hen a complaint of negligence incompetence or professional misconduct ismade against a licensed professional engineer it sets in motion a Fstageprocess of
bull Gathering nformationbull Evaluating the 6omplaint
bull 6onducting a 3ormal gtearing that enders 4udgment
Stipulated Order A simpler form of disciplinary hearing for less serious casesThe decision of guilt or innocence is decided by one representative and the resulthas no appeal process =oth parties agree to the outcome
f a member or licensee should be found guilty the iscipline 6ommittee can
bull suspend or revo7e your licensebull impose restriction on your license
bull require the member to be counseled or reprimanded
bull ma7e you pay cost of investigation or hearing
bull ma7e you rite eams or ta7e courses
bull impose up to a M01111 fine
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CHAPTER 8 Maintainin Professional Competence
Engineers have the privilege of selfregulation a privilege accompanied by acorresponding duty to maintain competence and avoid professionalobsolescence
The process requires engineers ampand engineering corporations to maintaincompetence by
bull enineerin practice or emplo$ment
bull formal education amp+niversity or Association courses
bull informal education ampshort courses or seminarsbull pu1lications
bull participation in enineerin societies
bull 1encmarin ampcomparing your practices against best practices
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CHAPTER 8 Enineerin Societies
The maor purpose of engineering societies is to encourage research into netheories or methods to collect and classify this ne information and todisseminate it to members so that it can be put to good use
The difference beteen an association and a society is that the Associationregulates professional behavior and the $ocieties disseminate engineeringinformation $o you should be a member of both
$ocieties have been established by groups of engineers hose commoninterests are based on
bull discipline
bull product
bull facility
bull evaluation
bull function
bull environment
bull language
bull geographical area
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THE CONCEPTS OF PROFESSIONALISM
PROFESSION
bull A learned calling ith specialized 7noledge
bull Performs services ith advanced 7noledge s7ill and udgment in hich
the public trusts
bull gtas public obligation and performs services in the general public interest
bull s bound by an ethical code in its relationship ith the public clientsemployees and colleagues
bull Accepts responsibility to regulate professional members and professionalservices provided to clients and the public
Engineering is a profession that is selfo4ernin and has the authority todiscipline members ho fail to comply ith proper standards of practice andconduct
The engineering profession is
bull highly organized
bull minimum standards of admissionbull regulate the activities of their members amps7illed practice and ethical conduct
bull promote the advancement of 7noledge
Professionals depend on the confidence ofbull the client or employer
bull the public
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ECEENCE
A shared commitment ith your peers to strive for ecellence
ETHICS
Ethics deals ith voluntary actions ta7en by an individual ith sufficient7noledge of options available
The COE OF ETHICS shapes the practice in to important aysbull provides a commonest of values hich offers a reliable professional
product to the public
bull professional relationship of trust ith the public is fundamental
APE$$A COE OF ETHICS
Professional Engineers shall recognize that professional ethics is founded uponintegrity competence dignity and devotion to service
8 P En sall old paramount7 te ealt7 safet$ and ampelfare of te pu1lic and en4ironment
bull They have an obligation to report conditions hich present an
immediate threat to safety health elfare or the environment
bull t should first be reported to the professionals involved then to
corporate or regulatory authorities
PEn sall undertae onl$ ampor tat te$ are competent to perform 1$teir trainin and eperience
bull Professional members should ensure to the best of their ability thatstatements on engineering matters attributed to them properly reflecttheir professional opinion
Stampin and Sinin ocuments8
bull Professionals shall only stamp and sign documents that they haveprepared or that have been prepared under their direct supervision andcontrol
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bull hen or7 is prepared by others they shall only stamp and sign afterhaving thoroughly revieed the or7 and accepted responsibility for it
bull Engineers ho apply their seals or stamps to reports plans or otherdocuments are stating that they understand and are in agreement ith
these documents
bull The absence of a seal or stamp does not necessarily indicate that aprofessional member has not revieed the document not does itrelieve the member from professional or legal responsibility if it can beshon that he or she as involved ith the or7
B P En sall conduct temsel4es ampit interit$7 onest$7 fairness ando1ecti4it$ in teir professional acti4ities
bull A client-s or employer-s interests should be held in high regard gtoeverthe folloing duties ta7e precedencelt
o duty to protect public safety
o duty to the professions under the 6ode of Ethics
o duty to act fairly to all parties hen administering a contract on
behalf of a client or employer
bull Professionals should 7eep confidential all information that is acquired inthe course of their professional duties and that concerns the businessaffairs of present or past clientsemployees
gt PEn sall compl$ ampit applica1le statutes7 reulations and 1$laamps inteir professional practice
bull Professionals should maintain adequate 7noledge of the la relating totheir area of practice
bull esponsible n4ironmntal mana+mnt comutr softar anddiscrimination are a fe of the subects covered under this ule
PEn sall upold and enance te onor7 dinit$7 and reputation of teir professions7 and te a1ilit$ to ser4e te pu1lic interest
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bull Advertisements proposals and presentations should be factual clearand dignified
bull A professional should be careful to give due credit to others
bull nly revie the or7 of another professional hen they have beeninformed unless there is a confidentiality agreement to the client
bull gtelp ET-s
APE$$A COE OF ETHICS
0 P Eng shall hold paramount the DealtD safet6 and elfare of tDe pulic and enironment
B PEng shall underta7e only or tDat tDe6 are competent to perform bytheir training and eperience
F P Eng shall conduct themselves ith interit6 Donest6 fairness and
oGectiit6 in their professional activities
K PEng shall compl6 itD applicale statutes reulations and 62las intheir professional practice
H PEng shall uphold and enhance the Donor dinit6 and reputation of their professions and the ability to sere tDe pulic interest
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COPRI$HTS
9RiDt to cop6
nly the oner of the or7 is alloed to reproduce the or7 or permit others tocopy it
Plaiarism is copying someone else-s or7 and claiming it as your on
Fair ealin +se or reproduction of or7 for private study research criticismrevie or nes reporting
Cop6riDts appl6 to8bull iterar$ ampors boo7s poems pamphlets computer programs
bull ramatic ampors films videos plays scripts
bull Musical ampors compositions ampords and music
bull Artistic ampors paintings draings maps photos sculptures architects
Also to8bull Performer(s performances actors musicians dancers
bull Communication Sinals broadcasters
bull Sound Recordins
6opyright is restricted to the epression in a fied manner amptet recordingdraing of an ideaL it does not etend to the idea itself
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3acts ideas and nes are all considered public property
6opyright does apply tobull $ong
bull )ovel
bull Playbull (agazine article
bull 6omputer program
bull ideo 6assettes (ovies
6opyright does NOT apply tobull $ong titlebull Plot ideabull Play of gtamletbull 3acts in an articlebull )ame of a computer programbull (a7ing a copy of a musical tape amproyalties have been paid already
bull 6opies for educational institutions ampcan 7eep radio and nes tapes for 0 year
bull )onprofit libraries archives and museumshen you create a or7 you automatically have copyright protection providedthat at the time of creation you ere a 6anadian 6itizen or a resident in a countrythat participates in 6opyright rules
Autorsip The person that creates the or7
Oampnersip f you are the creator of the or7 you on the copyright f you
create a or7 hile employed the copyright belongs to the employer ou canlegally transfer your rights to someone else then they on the copyright
uration 6opyright ampintellectual property lasts for the life of the author N H1years
Moral Rits Even if you sell your copyright you still retain moral rightsltThis means that no one including the person ho ons the copyright candistort mutilate or modify your or7 ampchange the ending use for a commercial etc
(oral rights eist for the same length as the copyrightou cannot sell or transfer your moral rights but you can aive them
RE$ISTRATION OF A COPRI$HT
ou do not have to register a copyright to have protection in 6anada
f you choose to register ith the copyright office you receive a certificate hichcan be used to your advantage if your or7 is infringed t is evidence that it is
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your or7 and you are the oner n a dispute you do not have to proveonership
ou send the application to the 6opyright office and you do not send your or7in ou may need to send a copy to the )ational ibrary of 6anada but the
6opyright office doesn-t revie your or7 at all
There is no requirement to mar7 your or7 under the 6opyright Act ou canmar7 it li7e this
)ame ear copy e 4ane oe 09I copy
ou can use this format even if you have not registered your or7
The 6opyright ffice is not responsible for ensuring that your copyright is notbeing infringedCCthis is your ob ou have to launch legal action yourself and
the courts are left to decide
Assinment As the oner you may decide i4e up part or all of $our rits toanother party The assignment may be for the hole term or for ust a certainpart of the term
icense ou as the oner give someone else permission to use your or7 forcertain purposes and under certain conditions but you still retain onership oudo not i4e up $our rits
Ro$alties (oney paid to the copyright oner as commission for sales of theiror7 or permission to use them
Tariffs $et fees that users must pay for using certain copyright material
Collecti4es an organization that collects royalties on behalf of its members
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TRAEMARampS
A trade2mar is a ord symbol or design to distinguish the products or servicesof an organization or person from others t can also represent a reputation
Ordinar$ Mars ords or symbols that distinguish your product or service ampe Giddy+p
Certification Mars identify ares or services that meet a defined standardThey are oned by one person but licensed to others to identify ares orservices hich meet a defined standard ampe oolmar7 APEGGA seal
istinuisin uise identifies the unique shape of a product or its pac7ageampe eggs Egg
A trade name is the name under hich you conduct your business The tradename can be registered under the Trade(ar7s Act only if it is also used as aTrademar7 ampto identify products or services
RE$ISTERIN$ A TRAE2MARamp
The Reistered Trade2Mar is one that is entered on the Trademar7s registerou are not required to register your trademar7 if you use it for a certain lengthof time you can establish onership by 6ommon a
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bull egistration of your trademar7 gives you the eclusive right to use the mar7across Canada for 8 $ears then you have to rene it
bull t is recommended that you register your Trade(ar7 in case someone elsetries to use it
bull f you fail to use the mar7 for an etended period your registration may becancelled
bull ou can register a trademar7 by filing an application for registration ith theTrademar7s ffice our trade2mar must e used in Canada efore itcan e reistered+
RE$ISTRATION QALIFICATIONS
bull 6annot be primarily your full name or surname ampunless you can prove it is already
identified
bull ou may not register a ord that clearly describes a feature of the product orservice ampseet uicy
bull The ord cannot be clearly misleading ampdeceptively misdescriptive ampe sugarseet if it has no sugar
bull ou may not register a ord that clearly designates the place of origin of theproduct or service or if it misleads the public into thin7ing that the productcomes from there ampParis 3ashions Atlantic 6od but you can use )orth Pole =ananasbecause no one ould epect them to come from there
bull ou can use a disclaimer statement indicating that you are not claimingeclusive rights for certain ords appearing in the trademar7 n this ayyou can use clearly descriptive ords hich are unregisterable on their onampce 6ream in =ob-s ce 6ream
bull )ames of products in other languages cannot be registered ampurstlt is Germanfor sausage
bull 6annot be registered if it consists or a plant variety denomination
bull ou cannot use ords symbols sounds or ideas that are confusingly similar
to a registered trademar7 or a pending mar7 amp2ing og 3ood and 2ing 6at 3oodould be refused
bull ou cannot register a trademar7 that resembles certain official symbolsunless you have the consent of the authority in question
o fficial government symbols
o 3amily coats of arms
o =adges and crests or 6(P
o Emblems and names of ed 6ross or +)
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o 3lags of other countries
o $ymbols of provinces
=efore you try to register your trademar7 do a search and include trade namesas ell
After you have a registered trademar7 to 7eep it you mustLbull Pay the registration fees every 0H years
bull +se the trademar7 in 6anada or it ill be epunged
Assinment to sell or transfer your rights to a trademar7 to another party
Marin ReDuirements The Trade(ar7s Act does )T have anyrequirements but many oners indicate their registration through the folloingmar7s
983214 O registered trademar7
991522 O trademar7$( O service mar7
The Trade(ar7 ffice ill prevent anyone else from registering your trademar7but it is your responsibility to monitor the mar7etplace and ta7e legal action ifsomeone is using your trademar7
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PATENTS
A patent is
bull A document protecting the rights of the inventor
bull A repository of useful technical information for the public
The idea is to promote the sharing of technological information hile giving you amonopoly on your creation
ith a patent the government gives the inventor the right to eclude others fromma7ing or selling your invention
The invention is protected from the day the patent is granted to a maimum of =6ears after the day you filed your application
The Patent ffice then epects you to provide a full description of your inventionso that all 6anadians can benefit from this technology They allo your
application to be open gt montDs from the filing date during the con4ention priorit$ date
Patent applications are made pulic gt montDs after the 6anadian 3iling ate
ou must obtain a valid patent ithin 8 $ear of main te product pu1lic
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A 6anadian patent is only etended throughout 6anada ou must apply forpatent rights in other countries separately
t is important to 7eep your invention secret until your first patent application isfiled in order to preserve your rights to file later in most foreign countries
3or an invention to be patented it must be
bull NO0ET= 3irst in the orld
bull )TIIT= 3unctional and operative
bull INGEN)IT= $ho inventive ingenuity and not be obvious to someones7illed in that area
The folloing items are patentable
bull Product ampdoor loc7
bull A composition ampchemical composition li7e lubricant
bull An apparatus ampmachine to ma7e door loc7s
bull A process ampmethod
bull An improvement on any of these
The idea alone is not patentable t must be reduced to something physical
ou CANNOT patentbull A scientific principle
bull An abstract theorem
bull An idea
bull A method of doing businessbull A computer program
bull A medical treatmentn 6anada patents are given to the first inventor to file an application
f you invent something hile or7ing for an employer on the employer-s timeith the employer-s materials at the epense of the employer the inventionrights still belong to you unless you have been hired by the company to inventpatentable inventions
PATENT APPLICATION
+ $et a Patent Aent
+ Preliminar6 SearcD
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bull ou can do a preliminary search in the online database or visit the Patentffice in person
0+ Preparin tDe Patent Application
bull A patent application must consist ofo a1stract ampbrief description
o specification ampclaims and boundaries of protection
o draampins
3+ File 6our Application4+ Reuest eBamination5+ EBaminer does searcD and approes or oGects+lt+ Respond to an6 oGectionsgt+ Patent ranted or oGected+
CONENTION PRIORIT
(any countries belong to the Paris 6onvention for the Protection of ndustrialProperty
This treaty allos you to invo7e convention prioritylt hich means that your filingdate in one member country ill be recognized by all others provided you file inthose countries ithin the first year
ampe if you file in 6anada in 4anuary B111 you could file up to one year later in most countriesamp4anuary B110 and still receive the same rights as if you filed in B111
PATENT COOPERATION TREAT (PCT)
t provides a standardized international filing procedure for foreign patents hichis shared by our principal trading partners including the +$ 4apan and mostEuropean countriesou may file for a patent in as many as 01I member countries through a singleapplication filed in 6anada
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INSTRIAL ESI$N
An Industrial esin is the features of shape configuration pattern or ornamentapplied to a finished article made by hand tool or machine ampappealing to the eye
There is no time limit for filing an application as long as the design has neverbeen published ampmade public to anyone
ou must file ithin 6ear of going public ith your design or you ill lose youreclusive rights to the design
The advantage of registering your industrial design is that it gives you eclusive
right to your design for up to = 6ears from tDe date of reistration
+nless you register your design you can ma7e no legal claim of onership andhave no legal protection from imitation
nly the proprietor ampcreator of the design may obtain registration unless youhave been hired to develop a design Then the hirer is the proprietor
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Trade Secret industrial 7noho or valuable information acquired by abusiness t could be a
bull formula
bull pattern
bull device
bull compilation of info used to give you an advantage over the competitors
ou cannot registerbull That don-t have visual appeal
bull 3eatures that are hidden from vie or too small to appeal to the eye
bull A method of construction
bull An idea
bull (aterials used in construction
bull 3unction of an article
bull 6olor
ESI$N RE$ISTRATION
The application ill includebull Application forms ampdescription
bull At least one draing or photograph
bull 3ees
The process ill include
bull nitial processing
bull Eamination
bull egistration
ou do not have to mar7 your design in order to indicate that it is registered butmar7ing it gives you etra protection
As proprietor you may ta7e legal action against anyone ho infringes on yourdesign in 6anada but you must ta7e action ithin F years of the incident
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An 9assinment occurs hen you sell all or part of your rights in the designpermanently to another party
ou can 9license another user to allo someone else to use your design but
you still retain onership
To have your design protected in other countries you must apply separately ineach country
ou have 5 montDs to file for 9conention priorit6+ampe you apply to register in 6anada in 4anuary B111 then you have until 4uly B111 to file in other 6onvention countries and receive the same rights as if it ere 4anuary B111
LA FOR PROFESSIONAL EN$INEERS OOamp
CHAPTER 8 Te Canadian eal S$stem
The legal system of 6anada is based on the English common2lalt system andthe English courts of euit6lt system ampudgemade la and is calledCOMMON2LAlt
The 3ederal 6ourt of 6anada has urisdiction over federal matters such aspatents trademar7s and copyrights
Pu1lic aamp deals ith the rights and obligations of government ampcriminal and6onstitutional la
Pri4ate aamp deals ith the rights and obligations of individuals or private organizations ampCONTRACT AN TORT LA
Termsbull itigation lasuit
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bull Plaintiff party bringing the actionbull efendant party defending the actionbull Appellant party appealing the decisionbull espondent party see7ing to uphold a decisionbull Privity of contract legal relationship beteen parties to a contract
bull 6reditor party to hom an amount is oingbull ebtor party that oes an amount to creditor bull $uarantee A guarantees = the debt of 6omp amphen = doesn-t get paid
= goes to 6omp first then to A
bull Indemnification a promise to directly compensate or reimburseanother party for a loss or cost incurred f Aindemnifies = the debt of 6omp amphen = doesn-t get paid =goes directly to A
CHAPTER usiness Oraniations
Sole Proprietorsip an individual carries on business by and for himself andalso enoys the profits and incurs any losses personally
Partnersip an association of persons ho conduct business in common ith avie to profit ndividuals or organizations share profits and losses
Corporation an entity unto itself distinct from its oners ampfictitious personThe corporation itself ons its assets and incurs its on liabilities
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CHAPTER B International Considerations
t is etremely important to obtain advice from an appropriately eperiencedlayer in the foreign country or have the advice of a consultant in that countryt is ise to purchase political ris7 insurance and to use careful udgment together ith a local influential partner
$ome potential ris7s of or7ing internationally are
bull Political Ris is one of the more obvious ris7 factors in or7inginternationally The 6hanges in government can lead to significant policychanges
bull Licensin reuirements and obtaining necessary permits and approvalsin a foreign country under different legal systems can be timeconsuming
bull Financial Riss due to currency echange and controls or restrictions onthe transfer of funds out of the country
bull Contract documents and forms used on proects may be different
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CHAPTER gt Tort ia1ilit$
Tort8 generally refers to a private or civil rong or inury one that involvesnegligence and that may arise independently of contract ampcar driver and victim
amphich includes financial loss hen based on a professional-s opinion
The fundamental purpose of tort la is to compensate ictims of tortsPunishment of negligent rongdoers IS NOT a purpose of tort la
Professional liability insurance should provide protection if an engineer-snegligence results in damage arising in tort
n order to satisfy the courts that compensation should be made the plaintiff in atort action must prove that
bull The defendant oed the plaintiff a duty of care
bull The defendant breached that duty by his conduct
bull The defendant-s conduct caused the inury to the plaintiff
f any 0 of these F aspects is not proven to the satisfaction of the courts theplaintiff ill not in
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A significant factor in a tort action is the establishment of the standard of carerequired of the defendant
The standard is applied based on the premise that engineers have a duty to use
the reasonable care and s7ill of engineers of ordinary competence Thereasonable carelt is measured by applicable professional standards of theengineering profession at the time the services ere performed
Strict ia1ilit$ manufacturers and employers are held strictly liable hen faultis not necessary if compensation is to be provided ampnot yet upheld in 6anadaampe All employees ma7e contributions on behalf of employees and if someone is inuredcompensation is provided ith no finding of faultampe A manufacturer may be strictl6 lialelt if for any damages that result from the use of theirproduct
0icarious ia1ilit$ The employer is responsible for damaged caused by its
employees The employer provides compensation because it is presumed thatthe employer is in a better financial position than the employee
Concurrent Tortfeasors hen more than one party is liable in a tort actionThe defendant-s together are called concurrent tortfeasors
Products ia1ilit$ The plaintiff must be able to establish that damage hasclearly resulted from appropriate use of a product and the defendantmanufacturer must then persuade the court that at the time the manufacturercould not have foreseen the defective nature of the goods manufactured6anada has not yet ta7en a strict liability approach on products as the +$ has
Products liability has developed through principles of both contract la and tortla The tort concept of fault has been applied and implied contractualarranties that the product is effective and the contract of a sale must also eist
n productsliability matters economic losses ampin the absence of physical inurymay in some circumstances be recoverable
Standards of Care and ut$ to 5arn A manufacturer must arn theconsumer of any dangerous potential of the product by appropriate labeling
Oter Tortsbull Tort of defamation8 ampif the statements that damage the reputation are true there is
no liability
o ibel D in riting
o $lander D verbal
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bull Occupiers Liailit68 The occupier of a property must eercise therequired standard of care to ensure the safety of individuals coming ontothat property
bull Tort of Nuisance8 esigned to alleviate undue interference ith the
comfortable and convenient enoyment of the plaintiff-s landampe insecticide spray drifting onto other land
CHAPTER Proof
The burden of proof is on the plaintiff to prove the case against the defendant
Engineers often find themselves ma7ing appearances as eBpert itnesses incourt
The epert is permitted to epress opinions ith respect to his or her area ofepertise and the itness should be cautious and restrict testimony to such
area
ou ill be hired by one side and crosseamined by counsel from the otherparty
Preparation is of the utmost importance in litigation The epert itness shouldclearly understand the issues in the lasuit and be aare of the scope ofquestions that can be reasonably epected
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CHAPTER 28 Contracts
3or a contract to be binding and enforceable the folloing elements must bepresent
bull An offer made and accepted
bull (utual intent to enter into the contract
bull 6onsideration or offer ampan echange of promises each promise representing
something of valueCpayment of money is not essential
bull 6apacity to contract ampcan-t be a minor drun7 or crazyCenforceable by the drun7 if
the other party 7ne they ere intoicatedbull aful purpose 6ontract on-t be enforced if it is unlaful
An offer is a promise made by one person to another
)ot all contracts are in riting
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+ntil it is accepted the offer may be ithdran by the offeror unless it is madeepressly irrevocable by its terms
Irre4oca1le Offers =idders submit offers or tenders that have been madeirrevocable for a specific period of time At any point during that period the offer
may be accepted and a contract ill be formed
Option Contract This contract is another means of 7eeping an offer open for acertain period of timeampe The party purchasing the option may ant do eploration or7 for a period of time beforedeciding to spend a large sum of money on the property
EDuita1le Estoppel A udge can stoplt the strict terms of a contract from beingfolloed if it is proven that the terms had changed outside of the agreementampoften used hen etensions to deadlines are agreed upon and then the person tried to go bac7to the original ritten contract
Pursuant to contract la consideration ampor a seal must be present in order toma7e a change to a contract enforceable D otherise it is ust a promise not laThe courts protect the person in the situation here a promise is ta7en as fullagreement
Statute of Frauds Ensures that certain types of contracts must be in riting tobe enforceable
Rectification This order can be applied for to rectify a contract because of asecretarial or recording mista7e
)nilateral Mistae A mista7e made by only one party to a contract 6ourts illdecide hether a contractor ill be relieved of their mista7e
CHAPTER 8 Tenderin Issues Contract A
a of tendering in 6anada gives the principle that there are B separatecontracts that arise in the tendering process
0 Contract A D the contract of irrevocability ampthat deals ith the tenderingphase
B Contract D the construction contract ampapplies to the construction phase
The number of number of tenders submitted is the number of 6ontract A-s thatare formed
The original tender pac7age contents cannot be changed ithout notifyingeveryone or you are in =reach of 6ontract A
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CHAPTER 82 Contract Interpretation
Parties to a contract sometimes dispute the meaning of part of the contract Todifferent approaches can be ta7en hen interpreting contracts
bull i1eral Approac ta7es into account the intent of the parties and maylead to speculation on that intent
bull Strict Approac focuses on the precise ords in the agreement andmay rely on dictionary meanings
Contra Preferentem hen a contract is ambiguous or unclear it ill beinterpreted against the person that rote it up
Parol E4idence Rule hen verbal agreements outside of the ritten contractare included as rule in a contract n most cases if a condition is agreed uponverbally but is not included in the contract then the condition is not part of thecontract
Implied Terms hen the inclusion of obvious terms of a contract have beenoverloo7ed here it is reasonable implied terms may eist in a contract
CHAPTER 83 iscare of Contracts
There are several ays to discharge a contract
bull Performance hen all parties have completed their respectiveobligations the contract is at an end
bull Areement to iscare Parties in a contract are alays free to amend
the contract or agree to cancel or terminate the contract upon mutuallyagreed terms
bull iscare Pursuant to Epress Terms t is advised to include in acontract terms here all parties may terminate the contract if certainoutside events ere to occur ampe ban7ruptcy
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bull iscare 1$ Frustration hen changing unforeseeablecircumstances occur that may radically change the obligations of theparties
o Force Maeure Provides that the time for completion ill beetended in the event of ar riot flood labor dispute or other
events that are beyond the control of both parties
bull iscare 1$ reac of Contract ne party fail to perform obligations
o iscare 1$ Repudiation hen the party to a contract
epressly tells the other party that they have no intention ofperforming contractual obligations
CHAPTER 86 reac of Contract
f a party to a contract fails to perform obligations specified in the contract thenthat party has breached the contract
The innocent party is entitled to certain remedies depending on the nature of thebreach and the terms of the contract
Condition an obligation that is essential or vital to the contract5arrant$ an obligation that is NOT essential or vital to the contract
A =reach of 6ontract is a cause for discharge only if its effect is to render itpurposeless for the innocent party to proceed further ith performance
Repudiation hen the party to a contract epressly tells the other party thatthey have no intention of performing contractual obligations
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REMIIES
A nondefaulting party is entitled to damages for losses incurred as a result of abreach of contract
irect amaes Actual calculated difference in the cost of having to chooseone service over the other ampthe loest bid is chosen and then they refuse to do the or7so the second loest bid is chosen and the party sues for the monetary difference beteen theloest and second loest bid
Indirect amaes Are consequential to the breach and might include damagesfor lost profits or damages incurred if the contract is not fulfilled
iDuidated amaes Are preestimated damages if certain events ere tooccur that are ritten into the contract under a Penalty 6lause
ltuantum Meruit hen services have been requested and performed but nooutside agreement as reached beteen the parties as to hat payment ouldbe provided in return for the services then the courts can aard the person ithas much as is reasonably deservedlt for time spent and materials supplied
Su1stantial Compliance hen a contractor has substantially complied iththe terms of a contract yet failed to comply ith some minor aspect of thecontract The contractor ill be paid the contract price minus the cost ofdamages caused by the minor problems
Specific Performance hen the courts require a party to perform a contractual
obligation li7e the sale of land or a personal item
Inunction A court order that prohibits or restrains a party from performing anactCHAPTER 9 Fundamental reac
Applies to a contract that contains an eemption clause amphere parties limit theirliability if a breach of contract results and ma7es the eemption ineffective
CHAPTER 8 Areement etampeen Client and Enineer
A contract beteen a client and an engineer must include all of the essentialcontract elements
The document ill not specify the degree of care that is required of the engineerin carrying out the services =ut the engineer is liable for incompetence
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carelessness or negligence that results in damages to the client and for notperforming ith an ordinary and reasonable degree of care and s7ill
CHAPTER Concurrent ia1ilit$ in Tort and Contract
+nless otherise stated in a contract the standard of care epected of anengineer doing a ob is the same standard of care by hich an engineer-sperformance is measured in tort
3or a breach of contract there is a limitation period of I years from date of thebreach in hich to press charges instead of hen it is discovered
n tort the limitation period in hich to press charges starts hen the damagesare first detected
CHAPTER 3 Ar1itration and AR
A lasuit is not alays the best ay to resolve a dispute beteen contractingparties especially technical disputes
Ar1itration or Alternati4e ispute Resolution +AR- t is less costly and lesspublic than litigation
An engineer that is an arbitrator is epected to act impartially and independentlyof the parties to the dispute
The Arbitration Act deals ith the appointment of an arbitrator and sets out astructure or set of rules to govern the conduct of an arbitration unless the partiesagree that some other structure or rules ill apply
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The Act also gives arbitrators the urisdiction to aard preudgment and post udgment interests ust li7e the courts have under the 6ourts of 4ustice Act
Partnerin intended to respond to the need for improved attitudes amongstindustry participants to the importance of teamor7 on proects
This cooperative attitude should assist in resolving proect disputes at an earlystage
) TGAT) and A=TAT) result in a 4+G(E)T TgtAT $=))G
Proect Neutral (proGect manaement oerie) The companies appoint a
proect neutral usually an independent professional eperienced in the industryto be aare of developments on the proect ith a vie to offering unbiasedadvice and decisions
Mediation esolving disputes through the negotiating process involving amediator ho is to provide guidance and to facilitate the settlement process agobeteenlt in communicating proposed settlements
There is no udgmentL the parties need to or7 out their differences
CHAPTER BB Industrial Propert$
Industrial Propert$ Rits ights that generally relate to patents trademar7scopyrights and industrial design
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CHAPTER 89 Te Enineer(s ut$ to Societ$ and te En4ironment
T TO SOCIET8
ou must put the greater good of society ahead of personal gain
The to environmental problems that have accompanied the industrialization ofour society
bull Proliferation of MacineMade Haards +sing highays aircraftnuclear poer toic chemicals more often ma7e it more dangerous
bull eradation of te En4ironment The lifestyle of industrialized nations
requires a high energy usage to maintain it The consumption of fossilfuels and the careless disposal of aste has deteriorated the environment
o 5aste isposal
o Air Pollution SO2 ndash from coal combustion (London) NO x ndash cars (LA) CO
Photochmical oxidants (sun) oon PAN Proxactl
nitrat
o Acid Rain
$amp harmful to fish at amp
o 5ater Pollution
isascausin+ bactria
Or+anic ast dcain+ in th atr
-rtilirs
oxic matrials ( PC) Acidification
0ast hat
A+ricultur ndash ind carris sticids salt frtilirs and
nitro+n to th atr
o Glo1al 5armin and Oone epletion +Greenouse Effect-
CO2 C$ NO2 O1 Chlorofluorocarbons
o Ener$ Conser4ation and Nuclear Poamper
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o Eponential Population Groampt
The good of society is determined on a utilitarian basis D creating the maimumgood for the maimum number of people
=efore reporting an incident to the Association
bull Informal Resolution 3irst the engineer should try to resolve problemsinformally and internally in an open and professional manner
bull Confidentialit$ f it is necessary to report a situation never report it to thepublic or media Alays report it to the Association or proper regulatory body
bull Retaliation ou cannot be fired for reporting a situation ou can file alasuit to recover lost ages and costs
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CHAPTER 88 Enineerin Case Histories
+ THE QEEC RI$E ISASTER
pened in 00 the longest cantilever span in the orld
=ridge as redesigned ith a larger span and the dead eight calculations erenot redone
Then there as a material failure in a bearing casting that temporarily supportedthe central span hile it as being transported and lifted into place
essons earnedbull ou have to have enough money to pay all the people to do their obs
properly for large proects before you start them amp(r 6ooper as not paid nearlyenough to do the etra or7 to redesign nor as he really competent
bull gtire capable competent professionals ampnot old or sic7 that can-t visit the construction site
bull 6learly define duties authorization and responsibility of professionalpersonnel
bull iscuss all design decisions and technical problems openly and listenreceptively amp3or F ee7s the chief engineer tried to contact 6ooper about the strangebending of some steel parts and recommended some changes be madeC6ooper didn-tlisten
bull evie details especially engineering design calculations amp6ooper did not redothe calculations for dead eight after he changed the length of the structure
bull (onitor or7 on the site adequately amp6ooper as too old and sic7 to monitor any ofthe building or fabrication
bull
Ensure that communication is rapid and accurate ampt too7 F ee7s for the chiefengineer to reach 6ooper ith his concerns
bull Provide adequate support staff for good money
+ THE ANCOER SECON NARROS RI$E ISASTER
4une 0H9 to spans of the cantilever bridge collapsed
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t as caused by the faulty design and eventual collapse of a temporary toersupporting the partially completed bridge
The additional time and material needed to reconstruct the damaged portions ofthe bridge
essons earned
bull 6onsulting engineers should recommend alloable stresses for temporaryconstruction support structures
bull The contractor should be required to submit all construction plans andcalculations for approval prior to construction
0+ THE ESTRA MINE ISASTER
(ay th 0B mine ble up and 7illed BI miners
The floor roof and sides of the road should have been cleared and treated ith
stonedust and proper ventilation procedures should have been folloed despitedelayed production
essons earned
bull Production demands resulted in the violation of basic and fundamental safemining practices
bull (anagement ignored or encouraged many hazardous and illegal practicesincluding 0Bhour or7 shifts improper storage of fuel refueling vehiclesunderground using nonflameproof equipment
bull The methane gas from the coal needed to be properly ventilated out of themine
bull Proper permits and changes to the mine plans ere not approved by theproper authorities
bull ritten orders to stonedust and to clean up the mine ere not folloed
3+ THE LO$EPOLE ELL LOOT
ctober 0Jth 0B a sour gas Amoco ell ble out and they could not get itbac7 under control
The initial 7ic7 occurred primarily because drilling practices during the ta7ing ofcores ere not folloed and this combined ith the marginally adequate muddensity used permitted the entry of reservoir fluids into the ellbore
They lost control of the ell and then it started on fire from some (us7eg thatas burning underground
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There ere also some equipment failures that attributed to not being ale tocirculate the 7ic7 out quic7 enough
essons earned
bull Amoco did not apply the necessary degree of caution hile carrying outoperationsbull )eeded to be fully prepared in the event of a fluid influ
4+ THE RE21 MININ$ FRA
The samples had been saltedlt D adding minerals li7e gold here none eist
essons earned
bull The chief geologist had a responsibility to sho due diligence in safeguardingthe core samples and ensuring that the gold assay as properly done Thatthe gold content based on the samples as accurately calculated and thatthe doublechec7s ere made to confirm the results
bull This emphasizes the critical dependence of the mining and resourceindustries on professionals ith high ethical standards
5+ THE CHALLEN$ER SPACE SHTTLE E1PLOSION
n 4anuary B9 09I the accident as caused by hot gases bloing past one ofthe seals in the roc7et boosters The seal had been unable to do its ob properlybecause of the unusually lo temperature in 3lorida on the day of the launch
The manufacturer of the boosters had this information but had decided to goahead ith the launch anyay
essons earned
bull n an enormously large organization it is easy for decision ma7ing to fall
through the crac7s
bull t is very easy for engineers to fall into the comforting belief that they arefolloing a conservative course hen in fact they are deviating intodangerous territory
bull isasters are easy to create D safety comes hard
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lt+ THE C2= PASSEN$ER AIRCRAT ISASTER
n 0JB a cargo door latch failed and the door ble out of a 601 over indsor) and the eplosive decompression of the cargo compartment caused part of
the cabin floor to collapse
This opened a large hole in the bottom of the fuselage and severed most of thehydraulic lines hich caused the loss of control of the rudder and aileronsEveryone landed safely that day
n 0JK another 601 over Paris lost its cargo door The decompression ofthe cargo compartment again caused the cabin floor to collapseL control of theailerons and rudder ere lost and the plane crashed 7illing FKI people
essons earned
bull The 3AA failed in its role of safety atchdog t certified the cargo doordesign in spite of the failure during the ground test Then after the neardisaster over indsor they merely advised the airlines to follo themanufacturer-s service bulletin rather than issuing a directive that ould haverequired all 601-s to be retrofitted
gt+ TO1IC POLLTION8 LOE CANAL MINAMATA HOPAL SR
mproper disposal of toic or environmentally harmful aste
Loe Canal Ne or 7 ioBin
bull n 0HF gtoo7er 6hemical 6orporation dumped over 09111 tons of chemicalaste including dioins until the canal as flat land again
bull Then they donated the land to the =oard of Education but said nothing aboutthe chemicals buried there
bull Eventually the chemicals ere discovered in 0JI and the area asevacuated and treated
bull Total cost of the cleanup as MBH1 million and gtoo7er asn-t liable for any ofit because of their contract hen they donated the land
Minamata a6 apan 7 Mercur6 Poisoninbull n 0FB the 6hisso 6ompany a nitrogen fertilizer company began producing
acetaldehyde (ercury as needed as a catalystbull uring the production process a portion of the mercury as lost D ashed
into the =ay ith the aste aterbull The organic mercury as absorbed by the shell fish and eventually eaten by
people
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bull =y 0IB it as estimated that about B11 people had contracted (inimatadisease
Dopal India 7 MetD6l Isoc6anate
bull n 09K a poisonous cloud of methyl isocyanate gas escaped from the +nion
6arbide plant 7illing thousands of people up to I 7m aaybull The incident happened hen a or7er as cleaning a pipe ith ater and the
ater mied ith the chemicals and over pressured the tan7s causing them torelease the gas
Sudur6 Ontario 7 SulpDur ioBide
bull )ic7el that is mined in ntario is in the form of sulphied ore and cannot be
directly converted into metallic form t must first be smelted D burned toremove the sulphur hich is done in huge open roastslt hich emitted huge
toic clouds of sulphur dioidebull $ulphur ioide hen dissolved in ater became acid rain
bull This devastated the area around the plantL trees are stunted and sparsela7es have no fish no bird life
bull $ince then about F111 hectares have been reclaimed
essons earned
bull Each of these incidents involves ignorance carelessness or incompetenceand most involve an arrogant lac7 of ethical action
bull6onsequences of negligence can be terrifying
+ NCLEAR SAFET
TDree Mile Island
(arch B9 0J a routine maintenance operation a pressure valve stuc7 openalloing radioactive ater to escape from the system for more than B hoursleaving the reactor core partially uncooled
(ore than 0F of the reactor core had melted and fallen to the bottom of thereactor vessel Than7 goodness the molten mass did not burn through thebottom of the reactor to penetrate the ground ater table ampin a cynical version ofthis story the molten mass continues to burn through the interior of the earth untilit emerges in 6hina ampThe 6hina $yndrome
t as not a disaster for the public but the unit as destroyed and the cleanupcost nearly M0 billion
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CDerno6l
April BI 09I reactor number K eploded releasing a huge cloud of radioactive
plutonium cesium and uranium dioide into the atmosphere
Accident occurred during a lopoer test =ecause of the design during loerpoer the ater in the core decreases
To date the number of related deaths is beteen J11101111 They aiteddays even ee7s to admit that it had eploded and they too7 even longer toevacuate the peopleessons earned
bull The possibility of disaster might be very small but it is not zero
bull $uch responsibility should never be treated casually
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CHAPTER 8 Product Safet$7 ltualit$ and ia1ilit$
NE$LI$ENCE AN LIAILIT
Engineers are liable for negligent incompetent or careless acts that result indamages to others including the employer
Engineers are required to use reasonable care established practices and elltested engineering principles
Nelience an act or omission that constitutes a failure to maintain thestandards that a reasonable and prudent practitioner ould maintain in thecircumstances
ITH A CONTRACT8
bull )egligence incompetence or carelessness may be a basis for a lasuit overbreach of contractlt
bull t is good practice to consider all reasonable ays in hich an agreementmay go rong foresee damages and include clauses that specify bonusesfor good results or limits to liability
ITHOT A CONTRACT8 (driin)
bull (ay result in legal liability based on tort la ampinuries or damages
bull To in a claim under tort la the plaintiff must prove
o that the defendant had a duty of care to the plaintiff
o that the defendant breached that dutyo that the loss or damage as a direct result of the defendant-s breach of
duty
iability insurance is a ise investment t is essential for manufacturers thatemploy engineers because of
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0icarious ia1ilit$ the engineer-s employer is liable for any loss or damagethat results from a tort caused by an employee The engineer is protectedfinancially but not from disciplinary action by the Association
PROCT ARRANTIES
5ARRANT= applies to goods and products
bull Epress 5arranties promises that the product has a certain quality or itill perform for a certain period of time
bull Implied 5arranties unstated promises that eist as a matter of common
sense A certain amount of quality or function that is epectedltSTRICT LIAILIT
Product defects and consumer safety the focus is on the product itself and noquestions of negligence arise
A manufacturer may be strictly liable for any damage that results from the use ofhis product even though the manufacturer as not negligent in producing it
G)ARANTEE applies to services and agreements
AICE TO ESI$N EN$INEERS TO AOI PROCT LIAILITIES
bull Formal esin Re4ieamps conceptual feasibility and finalbull Codes and Standards adhere to all government industry and company
standards and codesbull Stateofteart esin Metods ma7e choices that lean toard safety
bull Formal Haard Anal$sis identify hazards try to prevent or eliminate actionplan remedial action
bull Formal Failure Anal$sis 3ailure (odes and Effects Analysis amp3(EA and3ault Tree Analysis amp3TA
bull esin Records 2eep good design records to shoe planning for safety
AICE TO MANFACTRERS
bull ltualit$ Assurance and Testin $ 111
bull Instruction7 5arnin and aner Sins f dangers do eist plan forproper signs to give arnings of danger
bull Instruction Manuals Any product that is dangerous should come ith aservice or instruction manual
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bull 5arranties7 isclaimers and oter Pu1lised Material evie allinformation ith the design engineer and by a products liability layer
bull Consumer Complaints nvestigate claims quic7ly to fi problems early
bull Customer Records gtave good records in case of a recall
OTAININ$ CANAIAN STANARS
6hec7 ith the $tandards 6ouncil of 6anada amp$66 They promote efficient andeffective standardization in 6anada
The $66 manages the )ational $tandards $ystem amp)$$ The )$$ ritestandards certify products test products and register quality systems ofcompanies amp$ 111
The $66 coordinates the 6anadian contribution to $ ampnternational
rganization for standards and E6 ampnternational Electrotechnical 6ommission
ISO === 7 QALIT MANA$EMENT AN QALIT ASSRANCESTANARS
t is a standard for effective management of a manufacturing corporation in orderto maimize the quality of the manufactured products
A 7ey part of the process involves the development of a ualit 3anual thatdocuments the four 7ey aspects of the certification process
bull quality policies for every aspect of the corporation-s operationsbull quality assurance procedures
bull quality process procedures
bull quality proof
ISO 3=== 7 ENIRONMENTAL MANA$EMENT SSTEMS
The process requires the company to eamine every function of its operationsith the goal of identifying activities ith a significant environmental impact andcommitting the company to preventing pollution in all of its many forms
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CHAPTER 8gt isciplinar$ Poampers and Procedures
EFINITION OF PROFESSIONAL MISCONCT
Each Association has the poer to prosecute people ho unlafully practiceprofessional engineering and to discipline licensed engineers ho are guilty ofprofessional misconduct or incompetence
The provincial Acts typically identify I causes for disciplinary action
bull Professional Misconduct Any conduct detrimental to the best interestsof the public or that harms or tends to harm the standing of the profession
generally as unprofessional conduct ampor an act that ould reasonably beregarded as unprofessional
bull Incompetence a lac7 of 7noledge s7ill udgment or disregard for theelfare of the public that demonstrates the member is unfit to carry out theresponsibilities of a professional engineer
bull Nelience carelessness or carrying out or7 that is belo the acceptedstandard of care or performance
bull reac of te Code of Etics
bull P$sical or Mental Incapacit$ this is included as a definition ofincompetence
bull Con4iction of an Offense isciplinary action against a member ho isguilty of an offense that is relevant to the member-s suitability to practice
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ISCIPLINAR PROCESS
hen a complaint of negligence incompetence or professional misconduct ismade against a licensed professional engineer it sets in motion a Fstageprocess of
bull Gathering nformationbull Evaluating the 6omplaint
bull 6onducting a 3ormal gtearing that enders 4udgment
Stipulated Order A simpler form of disciplinary hearing for less serious casesThe decision of guilt or innocence is decided by one representative and the resulthas no appeal process =oth parties agree to the outcome
f a member or licensee should be found guilty the iscipline 6ommittee can
bull suspend or revo7e your licensebull impose restriction on your license
bull require the member to be counseled or reprimanded
bull ma7e you pay cost of investigation or hearing
bull ma7e you rite eams or ta7e courses
bull impose up to a M01111 fine
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CHAPTER 8 Maintainin Professional Competence
Engineers have the privilege of selfregulation a privilege accompanied by acorresponding duty to maintain competence and avoid professionalobsolescence
The process requires engineers ampand engineering corporations to maintaincompetence by
bull enineerin practice or emplo$ment
bull formal education amp+niversity or Association courses
bull informal education ampshort courses or seminarsbull pu1lications
bull participation in enineerin societies
bull 1encmarin ampcomparing your practices against best practices
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CHAPTER 8 Enineerin Societies
The maor purpose of engineering societies is to encourage research into netheories or methods to collect and classify this ne information and todisseminate it to members so that it can be put to good use
The difference beteen an association and a society is that the Associationregulates professional behavior and the $ocieties disseminate engineeringinformation $o you should be a member of both
$ocieties have been established by groups of engineers hose commoninterests are based on
bull discipline
bull product
bull facility
bull evaluation
bull function
bull environment
bull language
bull geographical area
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THE CONCEPTS OF PROFESSIONALISM
PROFESSION
bull A learned calling ith specialized 7noledge
bull Performs services ith advanced 7noledge s7ill and udgment in hich
the public trusts
bull gtas public obligation and performs services in the general public interest
bull s bound by an ethical code in its relationship ith the public clientsemployees and colleagues
bull Accepts responsibility to regulate professional members and professionalservices provided to clients and the public
Engineering is a profession that is selfo4ernin and has the authority todiscipline members ho fail to comply ith proper standards of practice andconduct
The engineering profession is
bull highly organized
bull minimum standards of admissionbull regulate the activities of their members amps7illed practice and ethical conduct
bull promote the advancement of 7noledge
Professionals depend on the confidence ofbull the client or employer
bull the public
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ECEENCE
A shared commitment ith your peers to strive for ecellence
ETHICS
Ethics deals ith voluntary actions ta7en by an individual ith sufficient7noledge of options available
The COE OF ETHICS shapes the practice in to important aysbull provides a commonest of values hich offers a reliable professional
product to the public
bull professional relationship of trust ith the public is fundamental
APE$$A COE OF ETHICS
Professional Engineers shall recognize that professional ethics is founded uponintegrity competence dignity and devotion to service
8 P En sall old paramount7 te ealt7 safet$ and ampelfare of te pu1lic and en4ironment
bull They have an obligation to report conditions hich present an
immediate threat to safety health elfare or the environment
bull t should first be reported to the professionals involved then to
corporate or regulatory authorities
PEn sall undertae onl$ ampor tat te$ are competent to perform 1$teir trainin and eperience
bull Professional members should ensure to the best of their ability thatstatements on engineering matters attributed to them properly reflecttheir professional opinion
Stampin and Sinin ocuments8
bull Professionals shall only stamp and sign documents that they haveprepared or that have been prepared under their direct supervision andcontrol
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bull hen or7 is prepared by others they shall only stamp and sign afterhaving thoroughly revieed the or7 and accepted responsibility for it
bull Engineers ho apply their seals or stamps to reports plans or otherdocuments are stating that they understand and are in agreement ith
these documents
bull The absence of a seal or stamp does not necessarily indicate that aprofessional member has not revieed the document not does itrelieve the member from professional or legal responsibility if it can beshon that he or she as involved ith the or7
B P En sall conduct temsel4es ampit interit$7 onest$7 fairness ando1ecti4it$ in teir professional acti4ities
bull A client-s or employer-s interests should be held in high regard gtoeverthe folloing duties ta7e precedencelt
o duty to protect public safety
o duty to the professions under the 6ode of Ethics
o duty to act fairly to all parties hen administering a contract on
behalf of a client or employer
bull Professionals should 7eep confidential all information that is acquired inthe course of their professional duties and that concerns the businessaffairs of present or past clientsemployees
gt PEn sall compl$ ampit applica1le statutes7 reulations and 1$laamps inteir professional practice
bull Professionals should maintain adequate 7noledge of the la relating totheir area of practice
bull esponsible n4ironmntal mana+mnt comutr softar anddiscrimination are a fe of the subects covered under this ule
PEn sall upold and enance te onor7 dinit$7 and reputation of teir professions7 and te a1ilit$ to ser4e te pu1lic interest
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bull Advertisements proposals and presentations should be factual clearand dignified
bull A professional should be careful to give due credit to others
bull nly revie the or7 of another professional hen they have beeninformed unless there is a confidentiality agreement to the client
bull gtelp ET-s
APE$$A COE OF ETHICS
0 P Eng shall hold paramount the DealtD safet6 and elfare of tDe pulic and enironment
B PEng shall underta7e only or tDat tDe6 are competent to perform bytheir training and eperience
F P Eng shall conduct themselves ith interit6 Donest6 fairness and
oGectiit6 in their professional activities
K PEng shall compl6 itD applicale statutes reulations and 62las intheir professional practice
H PEng shall uphold and enhance the Donor dinit6 and reputation of their professions and the ability to sere tDe pulic interest
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COPRI$HTS
9RiDt to cop6
nly the oner of the or7 is alloed to reproduce the or7 or permit others tocopy it
Plaiarism is copying someone else-s or7 and claiming it as your on
Fair ealin +se or reproduction of or7 for private study research criticismrevie or nes reporting
Cop6riDts appl6 to8bull iterar$ ampors boo7s poems pamphlets computer programs
bull ramatic ampors films videos plays scripts
bull Musical ampors compositions ampords and music
bull Artistic ampors paintings draings maps photos sculptures architects
Also to8bull Performer(s performances actors musicians dancers
bull Communication Sinals broadcasters
bull Sound Recordins
6opyright is restricted to the epression in a fied manner amptet recordingdraing of an ideaL it does not etend to the idea itself
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3acts ideas and nes are all considered public property
6opyright does apply tobull $ong
bull )ovel
bull Playbull (agazine article
bull 6omputer program
bull ideo 6assettes (ovies
6opyright does NOT apply tobull $ong titlebull Plot ideabull Play of gtamletbull 3acts in an articlebull )ame of a computer programbull (a7ing a copy of a musical tape amproyalties have been paid already
bull 6opies for educational institutions ampcan 7eep radio and nes tapes for 0 year
bull )onprofit libraries archives and museumshen you create a or7 you automatically have copyright protection providedthat at the time of creation you ere a 6anadian 6itizen or a resident in a countrythat participates in 6opyright rules
Autorsip The person that creates the or7
Oampnersip f you are the creator of the or7 you on the copyright f you
create a or7 hile employed the copyright belongs to the employer ou canlegally transfer your rights to someone else then they on the copyright
uration 6opyright ampintellectual property lasts for the life of the author N H1years
Moral Rits Even if you sell your copyright you still retain moral rightsltThis means that no one including the person ho ons the copyright candistort mutilate or modify your or7 ampchange the ending use for a commercial etc
(oral rights eist for the same length as the copyrightou cannot sell or transfer your moral rights but you can aive them
RE$ISTRATION OF A COPRI$HT
ou do not have to register a copyright to have protection in 6anada
f you choose to register ith the copyright office you receive a certificate hichcan be used to your advantage if your or7 is infringed t is evidence that it is
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your or7 and you are the oner n a dispute you do not have to proveonership
ou send the application to the 6opyright office and you do not send your or7in ou may need to send a copy to the )ational ibrary of 6anada but the
6opyright office doesn-t revie your or7 at all
There is no requirement to mar7 your or7 under the 6opyright Act ou canmar7 it li7e this
)ame ear copy e 4ane oe 09I copy
ou can use this format even if you have not registered your or7
The 6opyright ffice is not responsible for ensuring that your copyright is notbeing infringedCCthis is your ob ou have to launch legal action yourself and
the courts are left to decide
Assinment As the oner you may decide i4e up part or all of $our rits toanother party The assignment may be for the hole term or for ust a certainpart of the term
icense ou as the oner give someone else permission to use your or7 forcertain purposes and under certain conditions but you still retain onership oudo not i4e up $our rits
Ro$alties (oney paid to the copyright oner as commission for sales of theiror7 or permission to use them
Tariffs $et fees that users must pay for using certain copyright material
Collecti4es an organization that collects royalties on behalf of its members
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TRAEMARampS
A trade2mar is a ord symbol or design to distinguish the products or servicesof an organization or person from others t can also represent a reputation
Ordinar$ Mars ords or symbols that distinguish your product or service ampe Giddy+p
Certification Mars identify ares or services that meet a defined standardThey are oned by one person but licensed to others to identify ares orservices hich meet a defined standard ampe oolmar7 APEGGA seal
istinuisin uise identifies the unique shape of a product or its pac7ageampe eggs Egg
A trade name is the name under hich you conduct your business The tradename can be registered under the Trade(ar7s Act only if it is also used as aTrademar7 ampto identify products or services
RE$ISTERIN$ A TRAE2MARamp
The Reistered Trade2Mar is one that is entered on the Trademar7s registerou are not required to register your trademar7 if you use it for a certain lengthof time you can establish onership by 6ommon a
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bull egistration of your trademar7 gives you the eclusive right to use the mar7across Canada for 8 $ears then you have to rene it
bull t is recommended that you register your Trade(ar7 in case someone elsetries to use it
bull f you fail to use the mar7 for an etended period your registration may becancelled
bull ou can register a trademar7 by filing an application for registration ith theTrademar7s ffice our trade2mar must e used in Canada efore itcan e reistered+
RE$ISTRATION QALIFICATIONS
bull 6annot be primarily your full name or surname ampunless you can prove it is already
identified
bull ou may not register a ord that clearly describes a feature of the product orservice ampseet uicy
bull The ord cannot be clearly misleading ampdeceptively misdescriptive ampe sugarseet if it has no sugar
bull ou may not register a ord that clearly designates the place of origin of theproduct or service or if it misleads the public into thin7ing that the productcomes from there ampParis 3ashions Atlantic 6od but you can use )orth Pole =ananasbecause no one ould epect them to come from there
bull ou can use a disclaimer statement indicating that you are not claimingeclusive rights for certain ords appearing in the trademar7 n this ayyou can use clearly descriptive ords hich are unregisterable on their onampce 6ream in =ob-s ce 6ream
bull )ames of products in other languages cannot be registered ampurstlt is Germanfor sausage
bull 6annot be registered if it consists or a plant variety denomination
bull ou cannot use ords symbols sounds or ideas that are confusingly similar
to a registered trademar7 or a pending mar7 amp2ing og 3ood and 2ing 6at 3oodould be refused
bull ou cannot register a trademar7 that resembles certain official symbolsunless you have the consent of the authority in question
o fficial government symbols
o 3amily coats of arms
o =adges and crests or 6(P
o Emblems and names of ed 6ross or +)
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o 3lags of other countries
o $ymbols of provinces
=efore you try to register your trademar7 do a search and include trade namesas ell
After you have a registered trademar7 to 7eep it you mustLbull Pay the registration fees every 0H years
bull +se the trademar7 in 6anada or it ill be epunged
Assinment to sell or transfer your rights to a trademar7 to another party
Marin ReDuirements The Trade(ar7s Act does )T have anyrequirements but many oners indicate their registration through the folloingmar7s
983214 O registered trademar7
991522 O trademar7$( O service mar7
The Trade(ar7 ffice ill prevent anyone else from registering your trademar7but it is your responsibility to monitor the mar7etplace and ta7e legal action ifsomeone is using your trademar7
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PATENTS
A patent is
bull A document protecting the rights of the inventor
bull A repository of useful technical information for the public
The idea is to promote the sharing of technological information hile giving you amonopoly on your creation
ith a patent the government gives the inventor the right to eclude others fromma7ing or selling your invention
The invention is protected from the day the patent is granted to a maimum of =6ears after the day you filed your application
The Patent ffice then epects you to provide a full description of your inventionso that all 6anadians can benefit from this technology They allo your
application to be open gt montDs from the filing date during the con4ention priorit$ date
Patent applications are made pulic gt montDs after the 6anadian 3iling ate
ou must obtain a valid patent ithin 8 $ear of main te product pu1lic
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A 6anadian patent is only etended throughout 6anada ou must apply forpatent rights in other countries separately
t is important to 7eep your invention secret until your first patent application isfiled in order to preserve your rights to file later in most foreign countries
3or an invention to be patented it must be
bull NO0ET= 3irst in the orld
bull )TIIT= 3unctional and operative
bull INGEN)IT= $ho inventive ingenuity and not be obvious to someones7illed in that area
The folloing items are patentable
bull Product ampdoor loc7
bull A composition ampchemical composition li7e lubricant
bull An apparatus ampmachine to ma7e door loc7s
bull A process ampmethod
bull An improvement on any of these
The idea alone is not patentable t must be reduced to something physical
ou CANNOT patentbull A scientific principle
bull An abstract theorem
bull An idea
bull A method of doing businessbull A computer program
bull A medical treatmentn 6anada patents are given to the first inventor to file an application
f you invent something hile or7ing for an employer on the employer-s timeith the employer-s materials at the epense of the employer the inventionrights still belong to you unless you have been hired by the company to inventpatentable inventions
PATENT APPLICATION
+ $et a Patent Aent
+ Preliminar6 SearcD
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bull ou can do a preliminary search in the online database or visit the Patentffice in person
0+ Preparin tDe Patent Application
bull A patent application must consist ofo a1stract ampbrief description
o specification ampclaims and boundaries of protection
o draampins
3+ File 6our Application4+ Reuest eBamination5+ EBaminer does searcD and approes or oGects+lt+ Respond to an6 oGectionsgt+ Patent ranted or oGected+
CONENTION PRIORIT
(any countries belong to the Paris 6onvention for the Protection of ndustrialProperty
This treaty allos you to invo7e convention prioritylt hich means that your filingdate in one member country ill be recognized by all others provided you file inthose countries ithin the first year
ampe if you file in 6anada in 4anuary B111 you could file up to one year later in most countriesamp4anuary B110 and still receive the same rights as if you filed in B111
PATENT COOPERATION TREAT (PCT)
t provides a standardized international filing procedure for foreign patents hichis shared by our principal trading partners including the +$ 4apan and mostEuropean countriesou may file for a patent in as many as 01I member countries through a singleapplication filed in 6anada
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INSTRIAL ESI$N
An Industrial esin is the features of shape configuration pattern or ornamentapplied to a finished article made by hand tool or machine ampappealing to the eye
There is no time limit for filing an application as long as the design has neverbeen published ampmade public to anyone
ou must file ithin 6ear of going public ith your design or you ill lose youreclusive rights to the design
The advantage of registering your industrial design is that it gives you eclusive
right to your design for up to = 6ears from tDe date of reistration
+nless you register your design you can ma7e no legal claim of onership andhave no legal protection from imitation
nly the proprietor ampcreator of the design may obtain registration unless youhave been hired to develop a design Then the hirer is the proprietor
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Trade Secret industrial 7noho or valuable information acquired by abusiness t could be a
bull formula
bull pattern
bull device
bull compilation of info used to give you an advantage over the competitors
ou cannot registerbull That don-t have visual appeal
bull 3eatures that are hidden from vie or too small to appeal to the eye
bull A method of construction
bull An idea
bull (aterials used in construction
bull 3unction of an article
bull 6olor
ESI$N RE$ISTRATION
The application ill includebull Application forms ampdescription
bull At least one draing or photograph
bull 3ees
The process ill include
bull nitial processing
bull Eamination
bull egistration
ou do not have to mar7 your design in order to indicate that it is registered butmar7ing it gives you etra protection
As proprietor you may ta7e legal action against anyone ho infringes on yourdesign in 6anada but you must ta7e action ithin F years of the incident
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An 9assinment occurs hen you sell all or part of your rights in the designpermanently to another party
ou can 9license another user to allo someone else to use your design but
you still retain onership
To have your design protected in other countries you must apply separately ineach country
ou have 5 montDs to file for 9conention priorit6+ampe you apply to register in 6anada in 4anuary B111 then you have until 4uly B111 to file in other 6onvention countries and receive the same rights as if it ere 4anuary B111
LA FOR PROFESSIONAL EN$INEERS OOamp
CHAPTER 8 Te Canadian eal S$stem
The legal system of 6anada is based on the English common2lalt system andthe English courts of euit6lt system ampudgemade la and is calledCOMMON2LAlt
The 3ederal 6ourt of 6anada has urisdiction over federal matters such aspatents trademar7s and copyrights
Pu1lic aamp deals ith the rights and obligations of government ampcriminal and6onstitutional la
Pri4ate aamp deals ith the rights and obligations of individuals or private organizations ampCONTRACT AN TORT LA
Termsbull itigation lasuit
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bull Plaintiff party bringing the actionbull efendant party defending the actionbull Appellant party appealing the decisionbull espondent party see7ing to uphold a decisionbull Privity of contract legal relationship beteen parties to a contract
bull 6reditor party to hom an amount is oingbull ebtor party that oes an amount to creditor bull $uarantee A guarantees = the debt of 6omp amphen = doesn-t get paid
= goes to 6omp first then to A
bull Indemnification a promise to directly compensate or reimburseanother party for a loss or cost incurred f Aindemnifies = the debt of 6omp amphen = doesn-t get paid =goes directly to A
CHAPTER usiness Oraniations
Sole Proprietorsip an individual carries on business by and for himself andalso enoys the profits and incurs any losses personally
Partnersip an association of persons ho conduct business in common ith avie to profit ndividuals or organizations share profits and losses
Corporation an entity unto itself distinct from its oners ampfictitious personThe corporation itself ons its assets and incurs its on liabilities
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CHAPTER B International Considerations
t is etremely important to obtain advice from an appropriately eperiencedlayer in the foreign country or have the advice of a consultant in that countryt is ise to purchase political ris7 insurance and to use careful udgment together ith a local influential partner
$ome potential ris7s of or7ing internationally are
bull Political Ris is one of the more obvious ris7 factors in or7inginternationally The 6hanges in government can lead to significant policychanges
bull Licensin reuirements and obtaining necessary permits and approvalsin a foreign country under different legal systems can be timeconsuming
bull Financial Riss due to currency echange and controls or restrictions onthe transfer of funds out of the country
bull Contract documents and forms used on proects may be different
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CHAPTER gt Tort ia1ilit$
Tort8 generally refers to a private or civil rong or inury one that involvesnegligence and that may arise independently of contract ampcar driver and victim
amphich includes financial loss hen based on a professional-s opinion
The fundamental purpose of tort la is to compensate ictims of tortsPunishment of negligent rongdoers IS NOT a purpose of tort la
Professional liability insurance should provide protection if an engineer-snegligence results in damage arising in tort
n order to satisfy the courts that compensation should be made the plaintiff in atort action must prove that
bull The defendant oed the plaintiff a duty of care
bull The defendant breached that duty by his conduct
bull The defendant-s conduct caused the inury to the plaintiff
f any 0 of these F aspects is not proven to the satisfaction of the courts theplaintiff ill not in
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A significant factor in a tort action is the establishment of the standard of carerequired of the defendant
The standard is applied based on the premise that engineers have a duty to use
the reasonable care and s7ill of engineers of ordinary competence Thereasonable carelt is measured by applicable professional standards of theengineering profession at the time the services ere performed
Strict ia1ilit$ manufacturers and employers are held strictly liable hen faultis not necessary if compensation is to be provided ampnot yet upheld in 6anadaampe All employees ma7e contributions on behalf of employees and if someone is inuredcompensation is provided ith no finding of faultampe A manufacturer may be strictl6 lialelt if for any damages that result from the use of theirproduct
0icarious ia1ilit$ The employer is responsible for damaged caused by its
employees The employer provides compensation because it is presumed thatthe employer is in a better financial position than the employee
Concurrent Tortfeasors hen more than one party is liable in a tort actionThe defendant-s together are called concurrent tortfeasors
Products ia1ilit$ The plaintiff must be able to establish that damage hasclearly resulted from appropriate use of a product and the defendantmanufacturer must then persuade the court that at the time the manufacturercould not have foreseen the defective nature of the goods manufactured6anada has not yet ta7en a strict liability approach on products as the +$ has
Products liability has developed through principles of both contract la and tortla The tort concept of fault has been applied and implied contractualarranties that the product is effective and the contract of a sale must also eist
n productsliability matters economic losses ampin the absence of physical inurymay in some circumstances be recoverable
Standards of Care and ut$ to 5arn A manufacturer must arn theconsumer of any dangerous potential of the product by appropriate labeling
Oter Tortsbull Tort of defamation8 ampif the statements that damage the reputation are true there is
no liability
o ibel D in riting
o $lander D verbal
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bull Occupiers Liailit68 The occupier of a property must eercise therequired standard of care to ensure the safety of individuals coming ontothat property
bull Tort of Nuisance8 esigned to alleviate undue interference ith the
comfortable and convenient enoyment of the plaintiff-s landampe insecticide spray drifting onto other land
CHAPTER Proof
The burden of proof is on the plaintiff to prove the case against the defendant
Engineers often find themselves ma7ing appearances as eBpert itnesses incourt
The epert is permitted to epress opinions ith respect to his or her area ofepertise and the itness should be cautious and restrict testimony to such
area
ou ill be hired by one side and crosseamined by counsel from the otherparty
Preparation is of the utmost importance in litigation The epert itness shouldclearly understand the issues in the lasuit and be aare of the scope ofquestions that can be reasonably epected
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CHAPTER 28 Contracts
3or a contract to be binding and enforceable the folloing elements must bepresent
bull An offer made and accepted
bull (utual intent to enter into the contract
bull 6onsideration or offer ampan echange of promises each promise representing
something of valueCpayment of money is not essential
bull 6apacity to contract ampcan-t be a minor drun7 or crazyCenforceable by the drun7 if
the other party 7ne they ere intoicatedbull aful purpose 6ontract on-t be enforced if it is unlaful
An offer is a promise made by one person to another
)ot all contracts are in riting
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+ntil it is accepted the offer may be ithdran by the offeror unless it is madeepressly irrevocable by its terms
Irre4oca1le Offers =idders submit offers or tenders that have been madeirrevocable for a specific period of time At any point during that period the offer
may be accepted and a contract ill be formed
Option Contract This contract is another means of 7eeping an offer open for acertain period of timeampe The party purchasing the option may ant do eploration or7 for a period of time beforedeciding to spend a large sum of money on the property
EDuita1le Estoppel A udge can stoplt the strict terms of a contract from beingfolloed if it is proven that the terms had changed outside of the agreementampoften used hen etensions to deadlines are agreed upon and then the person tried to go bac7to the original ritten contract
Pursuant to contract la consideration ampor a seal must be present in order toma7e a change to a contract enforceable D otherise it is ust a promise not laThe courts protect the person in the situation here a promise is ta7en as fullagreement
Statute of Frauds Ensures that certain types of contracts must be in riting tobe enforceable
Rectification This order can be applied for to rectify a contract because of asecretarial or recording mista7e
)nilateral Mistae A mista7e made by only one party to a contract 6ourts illdecide hether a contractor ill be relieved of their mista7e
CHAPTER 8 Tenderin Issues Contract A
a of tendering in 6anada gives the principle that there are B separatecontracts that arise in the tendering process
0 Contract A D the contract of irrevocability ampthat deals ith the tenderingphase
B Contract D the construction contract ampapplies to the construction phase
The number of number of tenders submitted is the number of 6ontract A-s thatare formed
The original tender pac7age contents cannot be changed ithout notifyingeveryone or you are in =reach of 6ontract A
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CHAPTER 82 Contract Interpretation
Parties to a contract sometimes dispute the meaning of part of the contract Todifferent approaches can be ta7en hen interpreting contracts
bull i1eral Approac ta7es into account the intent of the parties and maylead to speculation on that intent
bull Strict Approac focuses on the precise ords in the agreement andmay rely on dictionary meanings
Contra Preferentem hen a contract is ambiguous or unclear it ill beinterpreted against the person that rote it up
Parol E4idence Rule hen verbal agreements outside of the ritten contractare included as rule in a contract n most cases if a condition is agreed uponverbally but is not included in the contract then the condition is not part of thecontract
Implied Terms hen the inclusion of obvious terms of a contract have beenoverloo7ed here it is reasonable implied terms may eist in a contract
CHAPTER 83 iscare of Contracts
There are several ays to discharge a contract
bull Performance hen all parties have completed their respectiveobligations the contract is at an end
bull Areement to iscare Parties in a contract are alays free to amend
the contract or agree to cancel or terminate the contract upon mutuallyagreed terms
bull iscare Pursuant to Epress Terms t is advised to include in acontract terms here all parties may terminate the contract if certainoutside events ere to occur ampe ban7ruptcy
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bull iscare 1$ Frustration hen changing unforeseeablecircumstances occur that may radically change the obligations of theparties
o Force Maeure Provides that the time for completion ill beetended in the event of ar riot flood labor dispute or other
events that are beyond the control of both parties
bull iscare 1$ reac of Contract ne party fail to perform obligations
o iscare 1$ Repudiation hen the party to a contract
epressly tells the other party that they have no intention ofperforming contractual obligations
CHAPTER 86 reac of Contract
f a party to a contract fails to perform obligations specified in the contract thenthat party has breached the contract
The innocent party is entitled to certain remedies depending on the nature of thebreach and the terms of the contract
Condition an obligation that is essential or vital to the contract5arrant$ an obligation that is NOT essential or vital to the contract
A =reach of 6ontract is a cause for discharge only if its effect is to render itpurposeless for the innocent party to proceed further ith performance
Repudiation hen the party to a contract epressly tells the other party thatthey have no intention of performing contractual obligations
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REMIIES
A nondefaulting party is entitled to damages for losses incurred as a result of abreach of contract
irect amaes Actual calculated difference in the cost of having to chooseone service over the other ampthe loest bid is chosen and then they refuse to do the or7so the second loest bid is chosen and the party sues for the monetary difference beteen theloest and second loest bid
Indirect amaes Are consequential to the breach and might include damagesfor lost profits or damages incurred if the contract is not fulfilled
iDuidated amaes Are preestimated damages if certain events ere tooccur that are ritten into the contract under a Penalty 6lause
ltuantum Meruit hen services have been requested and performed but nooutside agreement as reached beteen the parties as to hat payment ouldbe provided in return for the services then the courts can aard the person ithas much as is reasonably deservedlt for time spent and materials supplied
Su1stantial Compliance hen a contractor has substantially complied iththe terms of a contract yet failed to comply ith some minor aspect of thecontract The contractor ill be paid the contract price minus the cost ofdamages caused by the minor problems
Specific Performance hen the courts require a party to perform a contractual
obligation li7e the sale of land or a personal item
Inunction A court order that prohibits or restrains a party from performing anactCHAPTER 9 Fundamental reac
Applies to a contract that contains an eemption clause amphere parties limit theirliability if a breach of contract results and ma7es the eemption ineffective
CHAPTER 8 Areement etampeen Client and Enineer
A contract beteen a client and an engineer must include all of the essentialcontract elements
The document ill not specify the degree of care that is required of the engineerin carrying out the services =ut the engineer is liable for incompetence
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carelessness or negligence that results in damages to the client and for notperforming ith an ordinary and reasonable degree of care and s7ill
CHAPTER Concurrent ia1ilit$ in Tort and Contract
+nless otherise stated in a contract the standard of care epected of anengineer doing a ob is the same standard of care by hich an engineer-sperformance is measured in tort
3or a breach of contract there is a limitation period of I years from date of thebreach in hich to press charges instead of hen it is discovered
n tort the limitation period in hich to press charges starts hen the damagesare first detected
CHAPTER 3 Ar1itration and AR
A lasuit is not alays the best ay to resolve a dispute beteen contractingparties especially technical disputes
Ar1itration or Alternati4e ispute Resolution +AR- t is less costly and lesspublic than litigation
An engineer that is an arbitrator is epected to act impartially and independentlyof the parties to the dispute
The Arbitration Act deals ith the appointment of an arbitrator and sets out astructure or set of rules to govern the conduct of an arbitration unless the partiesagree that some other structure or rules ill apply
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The Act also gives arbitrators the urisdiction to aard preudgment and post udgment interests ust li7e the courts have under the 6ourts of 4ustice Act
Partnerin intended to respond to the need for improved attitudes amongstindustry participants to the importance of teamor7 on proects
This cooperative attitude should assist in resolving proect disputes at an earlystage
) TGAT) and A=TAT) result in a 4+G(E)T TgtAT $=))G
Proect Neutral (proGect manaement oerie) The companies appoint a
proect neutral usually an independent professional eperienced in the industryto be aare of developments on the proect ith a vie to offering unbiasedadvice and decisions
Mediation esolving disputes through the negotiating process involving amediator ho is to provide guidance and to facilitate the settlement process agobeteenlt in communicating proposed settlements
There is no udgmentL the parties need to or7 out their differences
CHAPTER BB Industrial Propert$
Industrial Propert$ Rits ights that generally relate to patents trademar7scopyrights and industrial design
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o Eponential Population Groampt
The good of society is determined on a utilitarian basis D creating the maimumgood for the maimum number of people
=efore reporting an incident to the Association
bull Informal Resolution 3irst the engineer should try to resolve problemsinformally and internally in an open and professional manner
bull Confidentialit$ f it is necessary to report a situation never report it to thepublic or media Alays report it to the Association or proper regulatory body
bull Retaliation ou cannot be fired for reporting a situation ou can file alasuit to recover lost ages and costs
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CHAPTER 88 Enineerin Case Histories
+ THE QEEC RI$E ISASTER
pened in 00 the longest cantilever span in the orld
=ridge as redesigned ith a larger span and the dead eight calculations erenot redone
Then there as a material failure in a bearing casting that temporarily supportedthe central span hile it as being transported and lifted into place
essons earnedbull ou have to have enough money to pay all the people to do their obs
properly for large proects before you start them amp(r 6ooper as not paid nearlyenough to do the etra or7 to redesign nor as he really competent
bull gtire capable competent professionals ampnot old or sic7 that can-t visit the construction site
bull 6learly define duties authorization and responsibility of professionalpersonnel
bull iscuss all design decisions and technical problems openly and listenreceptively amp3or F ee7s the chief engineer tried to contact 6ooper about the strangebending of some steel parts and recommended some changes be madeC6ooper didn-tlisten
bull evie details especially engineering design calculations amp6ooper did not redothe calculations for dead eight after he changed the length of the structure
bull (onitor or7 on the site adequately amp6ooper as too old and sic7 to monitor any ofthe building or fabrication
bull
Ensure that communication is rapid and accurate ampt too7 F ee7s for the chiefengineer to reach 6ooper ith his concerns
bull Provide adequate support staff for good money
+ THE ANCOER SECON NARROS RI$E ISASTER
4une 0H9 to spans of the cantilever bridge collapsed
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t as caused by the faulty design and eventual collapse of a temporary toersupporting the partially completed bridge
The additional time and material needed to reconstruct the damaged portions ofthe bridge
essons earned
bull 6onsulting engineers should recommend alloable stresses for temporaryconstruction support structures
bull The contractor should be required to submit all construction plans andcalculations for approval prior to construction
0+ THE ESTRA MINE ISASTER
(ay th 0B mine ble up and 7illed BI miners
The floor roof and sides of the road should have been cleared and treated ith
stonedust and proper ventilation procedures should have been folloed despitedelayed production
essons earned
bull Production demands resulted in the violation of basic and fundamental safemining practices
bull (anagement ignored or encouraged many hazardous and illegal practicesincluding 0Bhour or7 shifts improper storage of fuel refueling vehiclesunderground using nonflameproof equipment
bull The methane gas from the coal needed to be properly ventilated out of themine
bull Proper permits and changes to the mine plans ere not approved by theproper authorities
bull ritten orders to stonedust and to clean up the mine ere not folloed
3+ THE LO$EPOLE ELL LOOT
ctober 0Jth 0B a sour gas Amoco ell ble out and they could not get itbac7 under control
The initial 7ic7 occurred primarily because drilling practices during the ta7ing ofcores ere not folloed and this combined ith the marginally adequate muddensity used permitted the entry of reservoir fluids into the ellbore
They lost control of the ell and then it started on fire from some (us7eg thatas burning underground
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There ere also some equipment failures that attributed to not being ale tocirculate the 7ic7 out quic7 enough
essons earned
bull Amoco did not apply the necessary degree of caution hile carrying outoperationsbull )eeded to be fully prepared in the event of a fluid influ
4+ THE RE21 MININ$ FRA
The samples had been saltedlt D adding minerals li7e gold here none eist
essons earned
bull The chief geologist had a responsibility to sho due diligence in safeguardingthe core samples and ensuring that the gold assay as properly done Thatthe gold content based on the samples as accurately calculated and thatthe doublechec7s ere made to confirm the results
bull This emphasizes the critical dependence of the mining and resourceindustries on professionals ith high ethical standards
5+ THE CHALLEN$ER SPACE SHTTLE E1PLOSION
n 4anuary B9 09I the accident as caused by hot gases bloing past one ofthe seals in the roc7et boosters The seal had been unable to do its ob properlybecause of the unusually lo temperature in 3lorida on the day of the launch
The manufacturer of the boosters had this information but had decided to goahead ith the launch anyay
essons earned
bull n an enormously large organization it is easy for decision ma7ing to fall
through the crac7s
bull t is very easy for engineers to fall into the comforting belief that they arefolloing a conservative course hen in fact they are deviating intodangerous territory
bull isasters are easy to create D safety comes hard
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lt+ THE C2= PASSEN$ER AIRCRAT ISASTER
n 0JB a cargo door latch failed and the door ble out of a 601 over indsor) and the eplosive decompression of the cargo compartment caused part of
the cabin floor to collapse
This opened a large hole in the bottom of the fuselage and severed most of thehydraulic lines hich caused the loss of control of the rudder and aileronsEveryone landed safely that day
n 0JK another 601 over Paris lost its cargo door The decompression ofthe cargo compartment again caused the cabin floor to collapseL control of theailerons and rudder ere lost and the plane crashed 7illing FKI people
essons earned
bull The 3AA failed in its role of safety atchdog t certified the cargo doordesign in spite of the failure during the ground test Then after the neardisaster over indsor they merely advised the airlines to follo themanufacturer-s service bulletin rather than issuing a directive that ould haverequired all 601-s to be retrofitted
gt+ TO1IC POLLTION8 LOE CANAL MINAMATA HOPAL SR
mproper disposal of toic or environmentally harmful aste
Loe Canal Ne or 7 ioBin
bull n 0HF gtoo7er 6hemical 6orporation dumped over 09111 tons of chemicalaste including dioins until the canal as flat land again
bull Then they donated the land to the =oard of Education but said nothing aboutthe chemicals buried there
bull Eventually the chemicals ere discovered in 0JI and the area asevacuated and treated
bull Total cost of the cleanup as MBH1 million and gtoo7er asn-t liable for any ofit because of their contract hen they donated the land
Minamata a6 apan 7 Mercur6 Poisoninbull n 0FB the 6hisso 6ompany a nitrogen fertilizer company began producing
acetaldehyde (ercury as needed as a catalystbull uring the production process a portion of the mercury as lost D ashed
into the =ay ith the aste aterbull The organic mercury as absorbed by the shell fish and eventually eaten by
people
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bull =y 0IB it as estimated that about B11 people had contracted (inimatadisease
Dopal India 7 MetD6l Isoc6anate
bull n 09K a poisonous cloud of methyl isocyanate gas escaped from the +nion
6arbide plant 7illing thousands of people up to I 7m aaybull The incident happened hen a or7er as cleaning a pipe ith ater and the
ater mied ith the chemicals and over pressured the tan7s causing them torelease the gas
Sudur6 Ontario 7 SulpDur ioBide
bull )ic7el that is mined in ntario is in the form of sulphied ore and cannot be
directly converted into metallic form t must first be smelted D burned toremove the sulphur hich is done in huge open roastslt hich emitted huge
toic clouds of sulphur dioidebull $ulphur ioide hen dissolved in ater became acid rain
bull This devastated the area around the plantL trees are stunted and sparsela7es have no fish no bird life
bull $ince then about F111 hectares have been reclaimed
essons earned
bull Each of these incidents involves ignorance carelessness or incompetenceand most involve an arrogant lac7 of ethical action
bull6onsequences of negligence can be terrifying
+ NCLEAR SAFET
TDree Mile Island
(arch B9 0J a routine maintenance operation a pressure valve stuc7 openalloing radioactive ater to escape from the system for more than B hoursleaving the reactor core partially uncooled
(ore than 0F of the reactor core had melted and fallen to the bottom of thereactor vessel Than7 goodness the molten mass did not burn through thebottom of the reactor to penetrate the ground ater table ampin a cynical version ofthis story the molten mass continues to burn through the interior of the earth untilit emerges in 6hina ampThe 6hina $yndrome
t as not a disaster for the public but the unit as destroyed and the cleanupcost nearly M0 billion
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CDerno6l
April BI 09I reactor number K eploded releasing a huge cloud of radioactive
plutonium cesium and uranium dioide into the atmosphere
Accident occurred during a lopoer test =ecause of the design during loerpoer the ater in the core decreases
To date the number of related deaths is beteen J11101111 They aiteddays even ee7s to admit that it had eploded and they too7 even longer toevacuate the peopleessons earned
bull The possibility of disaster might be very small but it is not zero
bull $uch responsibility should never be treated casually
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CHAPTER 8 Product Safet$7 ltualit$ and ia1ilit$
NE$LI$ENCE AN LIAILIT
Engineers are liable for negligent incompetent or careless acts that result indamages to others including the employer
Engineers are required to use reasonable care established practices and elltested engineering principles
Nelience an act or omission that constitutes a failure to maintain thestandards that a reasonable and prudent practitioner ould maintain in thecircumstances
ITH A CONTRACT8
bull )egligence incompetence or carelessness may be a basis for a lasuit overbreach of contractlt
bull t is good practice to consider all reasonable ays in hich an agreementmay go rong foresee damages and include clauses that specify bonusesfor good results or limits to liability
ITHOT A CONTRACT8 (driin)
bull (ay result in legal liability based on tort la ampinuries or damages
bull To in a claim under tort la the plaintiff must prove
o that the defendant had a duty of care to the plaintiff
o that the defendant breached that dutyo that the loss or damage as a direct result of the defendant-s breach of
duty
iability insurance is a ise investment t is essential for manufacturers thatemploy engineers because of
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0icarious ia1ilit$ the engineer-s employer is liable for any loss or damagethat results from a tort caused by an employee The engineer is protectedfinancially but not from disciplinary action by the Association
PROCT ARRANTIES
5ARRANT= applies to goods and products
bull Epress 5arranties promises that the product has a certain quality or itill perform for a certain period of time
bull Implied 5arranties unstated promises that eist as a matter of common
sense A certain amount of quality or function that is epectedltSTRICT LIAILIT
Product defects and consumer safety the focus is on the product itself and noquestions of negligence arise
A manufacturer may be strictly liable for any damage that results from the use ofhis product even though the manufacturer as not negligent in producing it
G)ARANTEE applies to services and agreements
AICE TO ESI$N EN$INEERS TO AOI PROCT LIAILITIES
bull Formal esin Re4ieamps conceptual feasibility and finalbull Codes and Standards adhere to all government industry and company
standards and codesbull Stateofteart esin Metods ma7e choices that lean toard safety
bull Formal Haard Anal$sis identify hazards try to prevent or eliminate actionplan remedial action
bull Formal Failure Anal$sis 3ailure (odes and Effects Analysis amp3(EA and3ault Tree Analysis amp3TA
bull esin Records 2eep good design records to shoe planning for safety
AICE TO MANFACTRERS
bull ltualit$ Assurance and Testin $ 111
bull Instruction7 5arnin and aner Sins f dangers do eist plan forproper signs to give arnings of danger
bull Instruction Manuals Any product that is dangerous should come ith aservice or instruction manual
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bull 5arranties7 isclaimers and oter Pu1lised Material evie allinformation ith the design engineer and by a products liability layer
bull Consumer Complaints nvestigate claims quic7ly to fi problems early
bull Customer Records gtave good records in case of a recall
OTAININ$ CANAIAN STANARS
6hec7 ith the $tandards 6ouncil of 6anada amp$66 They promote efficient andeffective standardization in 6anada
The $66 manages the )ational $tandards $ystem amp)$$ The )$$ ritestandards certify products test products and register quality systems ofcompanies amp$ 111
The $66 coordinates the 6anadian contribution to $ ampnternational
rganization for standards and E6 ampnternational Electrotechnical 6ommission
ISO === 7 QALIT MANA$EMENT AN QALIT ASSRANCESTANARS
t is a standard for effective management of a manufacturing corporation in orderto maimize the quality of the manufactured products
A 7ey part of the process involves the development of a ualit 3anual thatdocuments the four 7ey aspects of the certification process
bull quality policies for every aspect of the corporation-s operationsbull quality assurance procedures
bull quality process procedures
bull quality proof
ISO 3=== 7 ENIRONMENTAL MANA$EMENT SSTEMS
The process requires the company to eamine every function of its operationsith the goal of identifying activities ith a significant environmental impact andcommitting the company to preventing pollution in all of its many forms
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CHAPTER 8gt isciplinar$ Poampers and Procedures
EFINITION OF PROFESSIONAL MISCONCT
Each Association has the poer to prosecute people ho unlafully practiceprofessional engineering and to discipline licensed engineers ho are guilty ofprofessional misconduct or incompetence
The provincial Acts typically identify I causes for disciplinary action
bull Professional Misconduct Any conduct detrimental to the best interestsof the public or that harms or tends to harm the standing of the profession
generally as unprofessional conduct ampor an act that ould reasonably beregarded as unprofessional
bull Incompetence a lac7 of 7noledge s7ill udgment or disregard for theelfare of the public that demonstrates the member is unfit to carry out theresponsibilities of a professional engineer
bull Nelience carelessness or carrying out or7 that is belo the acceptedstandard of care or performance
bull reac of te Code of Etics
bull P$sical or Mental Incapacit$ this is included as a definition ofincompetence
bull Con4iction of an Offense isciplinary action against a member ho isguilty of an offense that is relevant to the member-s suitability to practice
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ISCIPLINAR PROCESS
hen a complaint of negligence incompetence or professional misconduct ismade against a licensed professional engineer it sets in motion a Fstageprocess of
bull Gathering nformationbull Evaluating the 6omplaint
bull 6onducting a 3ormal gtearing that enders 4udgment
Stipulated Order A simpler form of disciplinary hearing for less serious casesThe decision of guilt or innocence is decided by one representative and the resulthas no appeal process =oth parties agree to the outcome
f a member or licensee should be found guilty the iscipline 6ommittee can
bull suspend or revo7e your licensebull impose restriction on your license
bull require the member to be counseled or reprimanded
bull ma7e you pay cost of investigation or hearing
bull ma7e you rite eams or ta7e courses
bull impose up to a M01111 fine
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CHAPTER 8 Maintainin Professional Competence
Engineers have the privilege of selfregulation a privilege accompanied by acorresponding duty to maintain competence and avoid professionalobsolescence
The process requires engineers ampand engineering corporations to maintaincompetence by
bull enineerin practice or emplo$ment
bull formal education amp+niversity or Association courses
bull informal education ampshort courses or seminarsbull pu1lications
bull participation in enineerin societies
bull 1encmarin ampcomparing your practices against best practices
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CHAPTER 8 Enineerin Societies
The maor purpose of engineering societies is to encourage research into netheories or methods to collect and classify this ne information and todisseminate it to members so that it can be put to good use
The difference beteen an association and a society is that the Associationregulates professional behavior and the $ocieties disseminate engineeringinformation $o you should be a member of both
$ocieties have been established by groups of engineers hose commoninterests are based on
bull discipline
bull product
bull facility
bull evaluation
bull function
bull environment
bull language
bull geographical area
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THE CONCEPTS OF PROFESSIONALISM
PROFESSION
bull A learned calling ith specialized 7noledge
bull Performs services ith advanced 7noledge s7ill and udgment in hich
the public trusts
bull gtas public obligation and performs services in the general public interest
bull s bound by an ethical code in its relationship ith the public clientsemployees and colleagues
bull Accepts responsibility to regulate professional members and professionalservices provided to clients and the public
Engineering is a profession that is selfo4ernin and has the authority todiscipline members ho fail to comply ith proper standards of practice andconduct
The engineering profession is
bull highly organized
bull minimum standards of admissionbull regulate the activities of their members amps7illed practice and ethical conduct
bull promote the advancement of 7noledge
Professionals depend on the confidence ofbull the client or employer
bull the public
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ECEENCE
A shared commitment ith your peers to strive for ecellence
ETHICS
Ethics deals ith voluntary actions ta7en by an individual ith sufficient7noledge of options available
The COE OF ETHICS shapes the practice in to important aysbull provides a commonest of values hich offers a reliable professional
product to the public
bull professional relationship of trust ith the public is fundamental
APE$$A COE OF ETHICS
Professional Engineers shall recognize that professional ethics is founded uponintegrity competence dignity and devotion to service
8 P En sall old paramount7 te ealt7 safet$ and ampelfare of te pu1lic and en4ironment
bull They have an obligation to report conditions hich present an
immediate threat to safety health elfare or the environment
bull t should first be reported to the professionals involved then to
corporate or regulatory authorities
PEn sall undertae onl$ ampor tat te$ are competent to perform 1$teir trainin and eperience
bull Professional members should ensure to the best of their ability thatstatements on engineering matters attributed to them properly reflecttheir professional opinion
Stampin and Sinin ocuments8
bull Professionals shall only stamp and sign documents that they haveprepared or that have been prepared under their direct supervision andcontrol
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bull hen or7 is prepared by others they shall only stamp and sign afterhaving thoroughly revieed the or7 and accepted responsibility for it
bull Engineers ho apply their seals or stamps to reports plans or otherdocuments are stating that they understand and are in agreement ith
these documents
bull The absence of a seal or stamp does not necessarily indicate that aprofessional member has not revieed the document not does itrelieve the member from professional or legal responsibility if it can beshon that he or she as involved ith the or7
B P En sall conduct temsel4es ampit interit$7 onest$7 fairness ando1ecti4it$ in teir professional acti4ities
bull A client-s or employer-s interests should be held in high regard gtoeverthe folloing duties ta7e precedencelt
o duty to protect public safety
o duty to the professions under the 6ode of Ethics
o duty to act fairly to all parties hen administering a contract on
behalf of a client or employer
bull Professionals should 7eep confidential all information that is acquired inthe course of their professional duties and that concerns the businessaffairs of present or past clientsemployees
gt PEn sall compl$ ampit applica1le statutes7 reulations and 1$laamps inteir professional practice
bull Professionals should maintain adequate 7noledge of the la relating totheir area of practice
bull esponsible n4ironmntal mana+mnt comutr softar anddiscrimination are a fe of the subects covered under this ule
PEn sall upold and enance te onor7 dinit$7 and reputation of teir professions7 and te a1ilit$ to ser4e te pu1lic interest
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bull Advertisements proposals and presentations should be factual clearand dignified
bull A professional should be careful to give due credit to others
bull nly revie the or7 of another professional hen they have beeninformed unless there is a confidentiality agreement to the client
bull gtelp ET-s
APE$$A COE OF ETHICS
0 P Eng shall hold paramount the DealtD safet6 and elfare of tDe pulic and enironment
B PEng shall underta7e only or tDat tDe6 are competent to perform bytheir training and eperience
F P Eng shall conduct themselves ith interit6 Donest6 fairness and
oGectiit6 in their professional activities
K PEng shall compl6 itD applicale statutes reulations and 62las intheir professional practice
H PEng shall uphold and enhance the Donor dinit6 and reputation of their professions and the ability to sere tDe pulic interest
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COPRI$HTS
9RiDt to cop6
nly the oner of the or7 is alloed to reproduce the or7 or permit others tocopy it
Plaiarism is copying someone else-s or7 and claiming it as your on
Fair ealin +se or reproduction of or7 for private study research criticismrevie or nes reporting
Cop6riDts appl6 to8bull iterar$ ampors boo7s poems pamphlets computer programs
bull ramatic ampors films videos plays scripts
bull Musical ampors compositions ampords and music
bull Artistic ampors paintings draings maps photos sculptures architects
Also to8bull Performer(s performances actors musicians dancers
bull Communication Sinals broadcasters
bull Sound Recordins
6opyright is restricted to the epression in a fied manner amptet recordingdraing of an ideaL it does not etend to the idea itself
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3acts ideas and nes are all considered public property
6opyright does apply tobull $ong
bull )ovel
bull Playbull (agazine article
bull 6omputer program
bull ideo 6assettes (ovies
6opyright does NOT apply tobull $ong titlebull Plot ideabull Play of gtamletbull 3acts in an articlebull )ame of a computer programbull (a7ing a copy of a musical tape amproyalties have been paid already
bull 6opies for educational institutions ampcan 7eep radio and nes tapes for 0 year
bull )onprofit libraries archives and museumshen you create a or7 you automatically have copyright protection providedthat at the time of creation you ere a 6anadian 6itizen or a resident in a countrythat participates in 6opyright rules
Autorsip The person that creates the or7
Oampnersip f you are the creator of the or7 you on the copyright f you
create a or7 hile employed the copyright belongs to the employer ou canlegally transfer your rights to someone else then they on the copyright
uration 6opyright ampintellectual property lasts for the life of the author N H1years
Moral Rits Even if you sell your copyright you still retain moral rightsltThis means that no one including the person ho ons the copyright candistort mutilate or modify your or7 ampchange the ending use for a commercial etc
(oral rights eist for the same length as the copyrightou cannot sell or transfer your moral rights but you can aive them
RE$ISTRATION OF A COPRI$HT
ou do not have to register a copyright to have protection in 6anada
f you choose to register ith the copyright office you receive a certificate hichcan be used to your advantage if your or7 is infringed t is evidence that it is
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your or7 and you are the oner n a dispute you do not have to proveonership
ou send the application to the 6opyright office and you do not send your or7in ou may need to send a copy to the )ational ibrary of 6anada but the
6opyright office doesn-t revie your or7 at all
There is no requirement to mar7 your or7 under the 6opyright Act ou canmar7 it li7e this
)ame ear copy e 4ane oe 09I copy
ou can use this format even if you have not registered your or7
The 6opyright ffice is not responsible for ensuring that your copyright is notbeing infringedCCthis is your ob ou have to launch legal action yourself and
the courts are left to decide
Assinment As the oner you may decide i4e up part or all of $our rits toanother party The assignment may be for the hole term or for ust a certainpart of the term
icense ou as the oner give someone else permission to use your or7 forcertain purposes and under certain conditions but you still retain onership oudo not i4e up $our rits
Ro$alties (oney paid to the copyright oner as commission for sales of theiror7 or permission to use them
Tariffs $et fees that users must pay for using certain copyright material
Collecti4es an organization that collects royalties on behalf of its members
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TRAEMARampS
A trade2mar is a ord symbol or design to distinguish the products or servicesof an organization or person from others t can also represent a reputation
Ordinar$ Mars ords or symbols that distinguish your product or service ampe Giddy+p
Certification Mars identify ares or services that meet a defined standardThey are oned by one person but licensed to others to identify ares orservices hich meet a defined standard ampe oolmar7 APEGGA seal
istinuisin uise identifies the unique shape of a product or its pac7ageampe eggs Egg
A trade name is the name under hich you conduct your business The tradename can be registered under the Trade(ar7s Act only if it is also used as aTrademar7 ampto identify products or services
RE$ISTERIN$ A TRAE2MARamp
The Reistered Trade2Mar is one that is entered on the Trademar7s registerou are not required to register your trademar7 if you use it for a certain lengthof time you can establish onership by 6ommon a
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bull egistration of your trademar7 gives you the eclusive right to use the mar7across Canada for 8 $ears then you have to rene it
bull t is recommended that you register your Trade(ar7 in case someone elsetries to use it
bull f you fail to use the mar7 for an etended period your registration may becancelled
bull ou can register a trademar7 by filing an application for registration ith theTrademar7s ffice our trade2mar must e used in Canada efore itcan e reistered+
RE$ISTRATION QALIFICATIONS
bull 6annot be primarily your full name or surname ampunless you can prove it is already
identified
bull ou may not register a ord that clearly describes a feature of the product orservice ampseet uicy
bull The ord cannot be clearly misleading ampdeceptively misdescriptive ampe sugarseet if it has no sugar
bull ou may not register a ord that clearly designates the place of origin of theproduct or service or if it misleads the public into thin7ing that the productcomes from there ampParis 3ashions Atlantic 6od but you can use )orth Pole =ananasbecause no one ould epect them to come from there
bull ou can use a disclaimer statement indicating that you are not claimingeclusive rights for certain ords appearing in the trademar7 n this ayyou can use clearly descriptive ords hich are unregisterable on their onampce 6ream in =ob-s ce 6ream
bull )ames of products in other languages cannot be registered ampurstlt is Germanfor sausage
bull 6annot be registered if it consists or a plant variety denomination
bull ou cannot use ords symbols sounds or ideas that are confusingly similar
to a registered trademar7 or a pending mar7 amp2ing og 3ood and 2ing 6at 3oodould be refused
bull ou cannot register a trademar7 that resembles certain official symbolsunless you have the consent of the authority in question
o fficial government symbols
o 3amily coats of arms
o =adges and crests or 6(P
o Emblems and names of ed 6ross or +)
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o 3lags of other countries
o $ymbols of provinces
=efore you try to register your trademar7 do a search and include trade namesas ell
After you have a registered trademar7 to 7eep it you mustLbull Pay the registration fees every 0H years
bull +se the trademar7 in 6anada or it ill be epunged
Assinment to sell or transfer your rights to a trademar7 to another party
Marin ReDuirements The Trade(ar7s Act does )T have anyrequirements but many oners indicate their registration through the folloingmar7s
983214 O registered trademar7
991522 O trademar7$( O service mar7
The Trade(ar7 ffice ill prevent anyone else from registering your trademar7but it is your responsibility to monitor the mar7etplace and ta7e legal action ifsomeone is using your trademar7
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PATENTS
A patent is
bull A document protecting the rights of the inventor
bull A repository of useful technical information for the public
The idea is to promote the sharing of technological information hile giving you amonopoly on your creation
ith a patent the government gives the inventor the right to eclude others fromma7ing or selling your invention
The invention is protected from the day the patent is granted to a maimum of =6ears after the day you filed your application
The Patent ffice then epects you to provide a full description of your inventionso that all 6anadians can benefit from this technology They allo your
application to be open gt montDs from the filing date during the con4ention priorit$ date
Patent applications are made pulic gt montDs after the 6anadian 3iling ate
ou must obtain a valid patent ithin 8 $ear of main te product pu1lic
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A 6anadian patent is only etended throughout 6anada ou must apply forpatent rights in other countries separately
t is important to 7eep your invention secret until your first patent application isfiled in order to preserve your rights to file later in most foreign countries
3or an invention to be patented it must be
bull NO0ET= 3irst in the orld
bull )TIIT= 3unctional and operative
bull INGEN)IT= $ho inventive ingenuity and not be obvious to someones7illed in that area
The folloing items are patentable
bull Product ampdoor loc7
bull A composition ampchemical composition li7e lubricant
bull An apparatus ampmachine to ma7e door loc7s
bull A process ampmethod
bull An improvement on any of these
The idea alone is not patentable t must be reduced to something physical
ou CANNOT patentbull A scientific principle
bull An abstract theorem
bull An idea
bull A method of doing businessbull A computer program
bull A medical treatmentn 6anada patents are given to the first inventor to file an application
f you invent something hile or7ing for an employer on the employer-s timeith the employer-s materials at the epense of the employer the inventionrights still belong to you unless you have been hired by the company to inventpatentable inventions
PATENT APPLICATION
+ $et a Patent Aent
+ Preliminar6 SearcD
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bull ou can do a preliminary search in the online database or visit the Patentffice in person
0+ Preparin tDe Patent Application
bull A patent application must consist ofo a1stract ampbrief description
o specification ampclaims and boundaries of protection
o draampins
3+ File 6our Application4+ Reuest eBamination5+ EBaminer does searcD and approes or oGects+lt+ Respond to an6 oGectionsgt+ Patent ranted or oGected+
CONENTION PRIORIT
(any countries belong to the Paris 6onvention for the Protection of ndustrialProperty
This treaty allos you to invo7e convention prioritylt hich means that your filingdate in one member country ill be recognized by all others provided you file inthose countries ithin the first year
ampe if you file in 6anada in 4anuary B111 you could file up to one year later in most countriesamp4anuary B110 and still receive the same rights as if you filed in B111
PATENT COOPERATION TREAT (PCT)
t provides a standardized international filing procedure for foreign patents hichis shared by our principal trading partners including the +$ 4apan and mostEuropean countriesou may file for a patent in as many as 01I member countries through a singleapplication filed in 6anada
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INSTRIAL ESI$N
An Industrial esin is the features of shape configuration pattern or ornamentapplied to a finished article made by hand tool or machine ampappealing to the eye
There is no time limit for filing an application as long as the design has neverbeen published ampmade public to anyone
ou must file ithin 6ear of going public ith your design or you ill lose youreclusive rights to the design
The advantage of registering your industrial design is that it gives you eclusive
right to your design for up to = 6ears from tDe date of reistration
+nless you register your design you can ma7e no legal claim of onership andhave no legal protection from imitation
nly the proprietor ampcreator of the design may obtain registration unless youhave been hired to develop a design Then the hirer is the proprietor
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Trade Secret industrial 7noho or valuable information acquired by abusiness t could be a
bull formula
bull pattern
bull device
bull compilation of info used to give you an advantage over the competitors
ou cannot registerbull That don-t have visual appeal
bull 3eatures that are hidden from vie or too small to appeal to the eye
bull A method of construction
bull An idea
bull (aterials used in construction
bull 3unction of an article
bull 6olor
ESI$N RE$ISTRATION
The application ill includebull Application forms ampdescription
bull At least one draing or photograph
bull 3ees
The process ill include
bull nitial processing
bull Eamination
bull egistration
ou do not have to mar7 your design in order to indicate that it is registered butmar7ing it gives you etra protection
As proprietor you may ta7e legal action against anyone ho infringes on yourdesign in 6anada but you must ta7e action ithin F years of the incident
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An 9assinment occurs hen you sell all or part of your rights in the designpermanently to another party
ou can 9license another user to allo someone else to use your design but
you still retain onership
To have your design protected in other countries you must apply separately ineach country
ou have 5 montDs to file for 9conention priorit6+ampe you apply to register in 6anada in 4anuary B111 then you have until 4uly B111 to file in other 6onvention countries and receive the same rights as if it ere 4anuary B111
LA FOR PROFESSIONAL EN$INEERS OOamp
CHAPTER 8 Te Canadian eal S$stem
The legal system of 6anada is based on the English common2lalt system andthe English courts of euit6lt system ampudgemade la and is calledCOMMON2LAlt
The 3ederal 6ourt of 6anada has urisdiction over federal matters such aspatents trademar7s and copyrights
Pu1lic aamp deals ith the rights and obligations of government ampcriminal and6onstitutional la
Pri4ate aamp deals ith the rights and obligations of individuals or private organizations ampCONTRACT AN TORT LA
Termsbull itigation lasuit
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bull Plaintiff party bringing the actionbull efendant party defending the actionbull Appellant party appealing the decisionbull espondent party see7ing to uphold a decisionbull Privity of contract legal relationship beteen parties to a contract
bull 6reditor party to hom an amount is oingbull ebtor party that oes an amount to creditor bull $uarantee A guarantees = the debt of 6omp amphen = doesn-t get paid
= goes to 6omp first then to A
bull Indemnification a promise to directly compensate or reimburseanother party for a loss or cost incurred f Aindemnifies = the debt of 6omp amphen = doesn-t get paid =goes directly to A
CHAPTER usiness Oraniations
Sole Proprietorsip an individual carries on business by and for himself andalso enoys the profits and incurs any losses personally
Partnersip an association of persons ho conduct business in common ith avie to profit ndividuals or organizations share profits and losses
Corporation an entity unto itself distinct from its oners ampfictitious personThe corporation itself ons its assets and incurs its on liabilities
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CHAPTER B International Considerations
t is etremely important to obtain advice from an appropriately eperiencedlayer in the foreign country or have the advice of a consultant in that countryt is ise to purchase political ris7 insurance and to use careful udgment together ith a local influential partner
$ome potential ris7s of or7ing internationally are
bull Political Ris is one of the more obvious ris7 factors in or7inginternationally The 6hanges in government can lead to significant policychanges
bull Licensin reuirements and obtaining necessary permits and approvalsin a foreign country under different legal systems can be timeconsuming
bull Financial Riss due to currency echange and controls or restrictions onthe transfer of funds out of the country
bull Contract documents and forms used on proects may be different
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CHAPTER gt Tort ia1ilit$
Tort8 generally refers to a private or civil rong or inury one that involvesnegligence and that may arise independently of contract ampcar driver and victim
amphich includes financial loss hen based on a professional-s opinion
The fundamental purpose of tort la is to compensate ictims of tortsPunishment of negligent rongdoers IS NOT a purpose of tort la
Professional liability insurance should provide protection if an engineer-snegligence results in damage arising in tort
n order to satisfy the courts that compensation should be made the plaintiff in atort action must prove that
bull The defendant oed the plaintiff a duty of care
bull The defendant breached that duty by his conduct
bull The defendant-s conduct caused the inury to the plaintiff
f any 0 of these F aspects is not proven to the satisfaction of the courts theplaintiff ill not in
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A significant factor in a tort action is the establishment of the standard of carerequired of the defendant
The standard is applied based on the premise that engineers have a duty to use
the reasonable care and s7ill of engineers of ordinary competence Thereasonable carelt is measured by applicable professional standards of theengineering profession at the time the services ere performed
Strict ia1ilit$ manufacturers and employers are held strictly liable hen faultis not necessary if compensation is to be provided ampnot yet upheld in 6anadaampe All employees ma7e contributions on behalf of employees and if someone is inuredcompensation is provided ith no finding of faultampe A manufacturer may be strictl6 lialelt if for any damages that result from the use of theirproduct
0icarious ia1ilit$ The employer is responsible for damaged caused by its
employees The employer provides compensation because it is presumed thatthe employer is in a better financial position than the employee
Concurrent Tortfeasors hen more than one party is liable in a tort actionThe defendant-s together are called concurrent tortfeasors
Products ia1ilit$ The plaintiff must be able to establish that damage hasclearly resulted from appropriate use of a product and the defendantmanufacturer must then persuade the court that at the time the manufacturercould not have foreseen the defective nature of the goods manufactured6anada has not yet ta7en a strict liability approach on products as the +$ has
Products liability has developed through principles of both contract la and tortla The tort concept of fault has been applied and implied contractualarranties that the product is effective and the contract of a sale must also eist
n productsliability matters economic losses ampin the absence of physical inurymay in some circumstances be recoverable
Standards of Care and ut$ to 5arn A manufacturer must arn theconsumer of any dangerous potential of the product by appropriate labeling
Oter Tortsbull Tort of defamation8 ampif the statements that damage the reputation are true there is
no liability
o ibel D in riting
o $lander D verbal
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bull Occupiers Liailit68 The occupier of a property must eercise therequired standard of care to ensure the safety of individuals coming ontothat property
bull Tort of Nuisance8 esigned to alleviate undue interference ith the
comfortable and convenient enoyment of the plaintiff-s landampe insecticide spray drifting onto other land
CHAPTER Proof
The burden of proof is on the plaintiff to prove the case against the defendant
Engineers often find themselves ma7ing appearances as eBpert itnesses incourt
The epert is permitted to epress opinions ith respect to his or her area ofepertise and the itness should be cautious and restrict testimony to such
area
ou ill be hired by one side and crosseamined by counsel from the otherparty
Preparation is of the utmost importance in litigation The epert itness shouldclearly understand the issues in the lasuit and be aare of the scope ofquestions that can be reasonably epected
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CHAPTER 28 Contracts
3or a contract to be binding and enforceable the folloing elements must bepresent
bull An offer made and accepted
bull (utual intent to enter into the contract
bull 6onsideration or offer ampan echange of promises each promise representing
something of valueCpayment of money is not essential
bull 6apacity to contract ampcan-t be a minor drun7 or crazyCenforceable by the drun7 if
the other party 7ne they ere intoicatedbull aful purpose 6ontract on-t be enforced if it is unlaful
An offer is a promise made by one person to another
)ot all contracts are in riting
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+ntil it is accepted the offer may be ithdran by the offeror unless it is madeepressly irrevocable by its terms
Irre4oca1le Offers =idders submit offers or tenders that have been madeirrevocable for a specific period of time At any point during that period the offer
may be accepted and a contract ill be formed
Option Contract This contract is another means of 7eeping an offer open for acertain period of timeampe The party purchasing the option may ant do eploration or7 for a period of time beforedeciding to spend a large sum of money on the property
EDuita1le Estoppel A udge can stoplt the strict terms of a contract from beingfolloed if it is proven that the terms had changed outside of the agreementampoften used hen etensions to deadlines are agreed upon and then the person tried to go bac7to the original ritten contract
Pursuant to contract la consideration ampor a seal must be present in order toma7e a change to a contract enforceable D otherise it is ust a promise not laThe courts protect the person in the situation here a promise is ta7en as fullagreement
Statute of Frauds Ensures that certain types of contracts must be in riting tobe enforceable
Rectification This order can be applied for to rectify a contract because of asecretarial or recording mista7e
)nilateral Mistae A mista7e made by only one party to a contract 6ourts illdecide hether a contractor ill be relieved of their mista7e
CHAPTER 8 Tenderin Issues Contract A
a of tendering in 6anada gives the principle that there are B separatecontracts that arise in the tendering process
0 Contract A D the contract of irrevocability ampthat deals ith the tenderingphase
B Contract D the construction contract ampapplies to the construction phase
The number of number of tenders submitted is the number of 6ontract A-s thatare formed
The original tender pac7age contents cannot be changed ithout notifyingeveryone or you are in =reach of 6ontract A
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CHAPTER 82 Contract Interpretation
Parties to a contract sometimes dispute the meaning of part of the contract Todifferent approaches can be ta7en hen interpreting contracts
bull i1eral Approac ta7es into account the intent of the parties and maylead to speculation on that intent
bull Strict Approac focuses on the precise ords in the agreement andmay rely on dictionary meanings
Contra Preferentem hen a contract is ambiguous or unclear it ill beinterpreted against the person that rote it up
Parol E4idence Rule hen verbal agreements outside of the ritten contractare included as rule in a contract n most cases if a condition is agreed uponverbally but is not included in the contract then the condition is not part of thecontract
Implied Terms hen the inclusion of obvious terms of a contract have beenoverloo7ed here it is reasonable implied terms may eist in a contract
CHAPTER 83 iscare of Contracts
There are several ays to discharge a contract
bull Performance hen all parties have completed their respectiveobligations the contract is at an end
bull Areement to iscare Parties in a contract are alays free to amend
the contract or agree to cancel or terminate the contract upon mutuallyagreed terms
bull iscare Pursuant to Epress Terms t is advised to include in acontract terms here all parties may terminate the contract if certainoutside events ere to occur ampe ban7ruptcy
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bull iscare 1$ Frustration hen changing unforeseeablecircumstances occur that may radically change the obligations of theparties
o Force Maeure Provides that the time for completion ill beetended in the event of ar riot flood labor dispute or other
events that are beyond the control of both parties
bull iscare 1$ reac of Contract ne party fail to perform obligations
o iscare 1$ Repudiation hen the party to a contract
epressly tells the other party that they have no intention ofperforming contractual obligations
CHAPTER 86 reac of Contract
f a party to a contract fails to perform obligations specified in the contract thenthat party has breached the contract
The innocent party is entitled to certain remedies depending on the nature of thebreach and the terms of the contract
Condition an obligation that is essential or vital to the contract5arrant$ an obligation that is NOT essential or vital to the contract
A =reach of 6ontract is a cause for discharge only if its effect is to render itpurposeless for the innocent party to proceed further ith performance
Repudiation hen the party to a contract epressly tells the other party thatthey have no intention of performing contractual obligations
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REMIIES
A nondefaulting party is entitled to damages for losses incurred as a result of abreach of contract
irect amaes Actual calculated difference in the cost of having to chooseone service over the other ampthe loest bid is chosen and then they refuse to do the or7so the second loest bid is chosen and the party sues for the monetary difference beteen theloest and second loest bid
Indirect amaes Are consequential to the breach and might include damagesfor lost profits or damages incurred if the contract is not fulfilled
iDuidated amaes Are preestimated damages if certain events ere tooccur that are ritten into the contract under a Penalty 6lause
ltuantum Meruit hen services have been requested and performed but nooutside agreement as reached beteen the parties as to hat payment ouldbe provided in return for the services then the courts can aard the person ithas much as is reasonably deservedlt for time spent and materials supplied
Su1stantial Compliance hen a contractor has substantially complied iththe terms of a contract yet failed to comply ith some minor aspect of thecontract The contractor ill be paid the contract price minus the cost ofdamages caused by the minor problems
Specific Performance hen the courts require a party to perform a contractual
obligation li7e the sale of land or a personal item
Inunction A court order that prohibits or restrains a party from performing anactCHAPTER 9 Fundamental reac
Applies to a contract that contains an eemption clause amphere parties limit theirliability if a breach of contract results and ma7es the eemption ineffective
CHAPTER 8 Areement etampeen Client and Enineer
A contract beteen a client and an engineer must include all of the essentialcontract elements
The document ill not specify the degree of care that is required of the engineerin carrying out the services =ut the engineer is liable for incompetence
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carelessness or negligence that results in damages to the client and for notperforming ith an ordinary and reasonable degree of care and s7ill
CHAPTER Concurrent ia1ilit$ in Tort and Contract
+nless otherise stated in a contract the standard of care epected of anengineer doing a ob is the same standard of care by hich an engineer-sperformance is measured in tort
3or a breach of contract there is a limitation period of I years from date of thebreach in hich to press charges instead of hen it is discovered
n tort the limitation period in hich to press charges starts hen the damagesare first detected
CHAPTER 3 Ar1itration and AR
A lasuit is not alays the best ay to resolve a dispute beteen contractingparties especially technical disputes
Ar1itration or Alternati4e ispute Resolution +AR- t is less costly and lesspublic than litigation
An engineer that is an arbitrator is epected to act impartially and independentlyof the parties to the dispute
The Arbitration Act deals ith the appointment of an arbitrator and sets out astructure or set of rules to govern the conduct of an arbitration unless the partiesagree that some other structure or rules ill apply
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The Act also gives arbitrators the urisdiction to aard preudgment and post udgment interests ust li7e the courts have under the 6ourts of 4ustice Act
Partnerin intended to respond to the need for improved attitudes amongstindustry participants to the importance of teamor7 on proects
This cooperative attitude should assist in resolving proect disputes at an earlystage
) TGAT) and A=TAT) result in a 4+G(E)T TgtAT $=))G
Proect Neutral (proGect manaement oerie) The companies appoint a
proect neutral usually an independent professional eperienced in the industryto be aare of developments on the proect ith a vie to offering unbiasedadvice and decisions
Mediation esolving disputes through the negotiating process involving amediator ho is to provide guidance and to facilitate the settlement process agobeteenlt in communicating proposed settlements
There is no udgmentL the parties need to or7 out their differences
CHAPTER BB Industrial Propert$
Industrial Propert$ Rits ights that generally relate to patents trademar7scopyrights and industrial design
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CHAPTER 88 Enineerin Case Histories
+ THE QEEC RI$E ISASTER
pened in 00 the longest cantilever span in the orld
=ridge as redesigned ith a larger span and the dead eight calculations erenot redone
Then there as a material failure in a bearing casting that temporarily supportedthe central span hile it as being transported and lifted into place
essons earnedbull ou have to have enough money to pay all the people to do their obs
properly for large proects before you start them amp(r 6ooper as not paid nearlyenough to do the etra or7 to redesign nor as he really competent
bull gtire capable competent professionals ampnot old or sic7 that can-t visit the construction site
bull 6learly define duties authorization and responsibility of professionalpersonnel
bull iscuss all design decisions and technical problems openly and listenreceptively amp3or F ee7s the chief engineer tried to contact 6ooper about the strangebending of some steel parts and recommended some changes be madeC6ooper didn-tlisten
bull evie details especially engineering design calculations amp6ooper did not redothe calculations for dead eight after he changed the length of the structure
bull (onitor or7 on the site adequately amp6ooper as too old and sic7 to monitor any ofthe building or fabrication
bull
Ensure that communication is rapid and accurate ampt too7 F ee7s for the chiefengineer to reach 6ooper ith his concerns
bull Provide adequate support staff for good money
+ THE ANCOER SECON NARROS RI$E ISASTER
4une 0H9 to spans of the cantilever bridge collapsed
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t as caused by the faulty design and eventual collapse of a temporary toersupporting the partially completed bridge
The additional time and material needed to reconstruct the damaged portions ofthe bridge
essons earned
bull 6onsulting engineers should recommend alloable stresses for temporaryconstruction support structures
bull The contractor should be required to submit all construction plans andcalculations for approval prior to construction
0+ THE ESTRA MINE ISASTER
(ay th 0B mine ble up and 7illed BI miners
The floor roof and sides of the road should have been cleared and treated ith
stonedust and proper ventilation procedures should have been folloed despitedelayed production
essons earned
bull Production demands resulted in the violation of basic and fundamental safemining practices
bull (anagement ignored or encouraged many hazardous and illegal practicesincluding 0Bhour or7 shifts improper storage of fuel refueling vehiclesunderground using nonflameproof equipment
bull The methane gas from the coal needed to be properly ventilated out of themine
bull Proper permits and changes to the mine plans ere not approved by theproper authorities
bull ritten orders to stonedust and to clean up the mine ere not folloed
3+ THE LO$EPOLE ELL LOOT
ctober 0Jth 0B a sour gas Amoco ell ble out and they could not get itbac7 under control
The initial 7ic7 occurred primarily because drilling practices during the ta7ing ofcores ere not folloed and this combined ith the marginally adequate muddensity used permitted the entry of reservoir fluids into the ellbore
They lost control of the ell and then it started on fire from some (us7eg thatas burning underground
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There ere also some equipment failures that attributed to not being ale tocirculate the 7ic7 out quic7 enough
essons earned
bull Amoco did not apply the necessary degree of caution hile carrying outoperationsbull )eeded to be fully prepared in the event of a fluid influ
4+ THE RE21 MININ$ FRA
The samples had been saltedlt D adding minerals li7e gold here none eist
essons earned
bull The chief geologist had a responsibility to sho due diligence in safeguardingthe core samples and ensuring that the gold assay as properly done Thatthe gold content based on the samples as accurately calculated and thatthe doublechec7s ere made to confirm the results
bull This emphasizes the critical dependence of the mining and resourceindustries on professionals ith high ethical standards
5+ THE CHALLEN$ER SPACE SHTTLE E1PLOSION
n 4anuary B9 09I the accident as caused by hot gases bloing past one ofthe seals in the roc7et boosters The seal had been unable to do its ob properlybecause of the unusually lo temperature in 3lorida on the day of the launch
The manufacturer of the boosters had this information but had decided to goahead ith the launch anyay
essons earned
bull n an enormously large organization it is easy for decision ma7ing to fall
through the crac7s
bull t is very easy for engineers to fall into the comforting belief that they arefolloing a conservative course hen in fact they are deviating intodangerous territory
bull isasters are easy to create D safety comes hard
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lt+ THE C2= PASSEN$ER AIRCRAT ISASTER
n 0JB a cargo door latch failed and the door ble out of a 601 over indsor) and the eplosive decompression of the cargo compartment caused part of
the cabin floor to collapse
This opened a large hole in the bottom of the fuselage and severed most of thehydraulic lines hich caused the loss of control of the rudder and aileronsEveryone landed safely that day
n 0JK another 601 over Paris lost its cargo door The decompression ofthe cargo compartment again caused the cabin floor to collapseL control of theailerons and rudder ere lost and the plane crashed 7illing FKI people
essons earned
bull The 3AA failed in its role of safety atchdog t certified the cargo doordesign in spite of the failure during the ground test Then after the neardisaster over indsor they merely advised the airlines to follo themanufacturer-s service bulletin rather than issuing a directive that ould haverequired all 601-s to be retrofitted
gt+ TO1IC POLLTION8 LOE CANAL MINAMATA HOPAL SR
mproper disposal of toic or environmentally harmful aste
Loe Canal Ne or 7 ioBin
bull n 0HF gtoo7er 6hemical 6orporation dumped over 09111 tons of chemicalaste including dioins until the canal as flat land again
bull Then they donated the land to the =oard of Education but said nothing aboutthe chemicals buried there
bull Eventually the chemicals ere discovered in 0JI and the area asevacuated and treated
bull Total cost of the cleanup as MBH1 million and gtoo7er asn-t liable for any ofit because of their contract hen they donated the land
Minamata a6 apan 7 Mercur6 Poisoninbull n 0FB the 6hisso 6ompany a nitrogen fertilizer company began producing
acetaldehyde (ercury as needed as a catalystbull uring the production process a portion of the mercury as lost D ashed
into the =ay ith the aste aterbull The organic mercury as absorbed by the shell fish and eventually eaten by
people
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bull =y 0IB it as estimated that about B11 people had contracted (inimatadisease
Dopal India 7 MetD6l Isoc6anate
bull n 09K a poisonous cloud of methyl isocyanate gas escaped from the +nion
6arbide plant 7illing thousands of people up to I 7m aaybull The incident happened hen a or7er as cleaning a pipe ith ater and the
ater mied ith the chemicals and over pressured the tan7s causing them torelease the gas
Sudur6 Ontario 7 SulpDur ioBide
bull )ic7el that is mined in ntario is in the form of sulphied ore and cannot be
directly converted into metallic form t must first be smelted D burned toremove the sulphur hich is done in huge open roastslt hich emitted huge
toic clouds of sulphur dioidebull $ulphur ioide hen dissolved in ater became acid rain
bull This devastated the area around the plantL trees are stunted and sparsela7es have no fish no bird life
bull $ince then about F111 hectares have been reclaimed
essons earned
bull Each of these incidents involves ignorance carelessness or incompetenceand most involve an arrogant lac7 of ethical action
bull6onsequences of negligence can be terrifying
+ NCLEAR SAFET
TDree Mile Island
(arch B9 0J a routine maintenance operation a pressure valve stuc7 openalloing radioactive ater to escape from the system for more than B hoursleaving the reactor core partially uncooled
(ore than 0F of the reactor core had melted and fallen to the bottom of thereactor vessel Than7 goodness the molten mass did not burn through thebottom of the reactor to penetrate the ground ater table ampin a cynical version ofthis story the molten mass continues to burn through the interior of the earth untilit emerges in 6hina ampThe 6hina $yndrome
t as not a disaster for the public but the unit as destroyed and the cleanupcost nearly M0 billion
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CDerno6l
April BI 09I reactor number K eploded releasing a huge cloud of radioactive
plutonium cesium and uranium dioide into the atmosphere
Accident occurred during a lopoer test =ecause of the design during loerpoer the ater in the core decreases
To date the number of related deaths is beteen J11101111 They aiteddays even ee7s to admit that it had eploded and they too7 even longer toevacuate the peopleessons earned
bull The possibility of disaster might be very small but it is not zero
bull $uch responsibility should never be treated casually
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CHAPTER 8 Product Safet$7 ltualit$ and ia1ilit$
NE$LI$ENCE AN LIAILIT
Engineers are liable for negligent incompetent or careless acts that result indamages to others including the employer
Engineers are required to use reasonable care established practices and elltested engineering principles
Nelience an act or omission that constitutes a failure to maintain thestandards that a reasonable and prudent practitioner ould maintain in thecircumstances
ITH A CONTRACT8
bull )egligence incompetence or carelessness may be a basis for a lasuit overbreach of contractlt
bull t is good practice to consider all reasonable ays in hich an agreementmay go rong foresee damages and include clauses that specify bonusesfor good results or limits to liability
ITHOT A CONTRACT8 (driin)
bull (ay result in legal liability based on tort la ampinuries or damages
bull To in a claim under tort la the plaintiff must prove
o that the defendant had a duty of care to the plaintiff
o that the defendant breached that dutyo that the loss or damage as a direct result of the defendant-s breach of
duty
iability insurance is a ise investment t is essential for manufacturers thatemploy engineers because of
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0icarious ia1ilit$ the engineer-s employer is liable for any loss or damagethat results from a tort caused by an employee The engineer is protectedfinancially but not from disciplinary action by the Association
PROCT ARRANTIES
5ARRANT= applies to goods and products
bull Epress 5arranties promises that the product has a certain quality or itill perform for a certain period of time
bull Implied 5arranties unstated promises that eist as a matter of common
sense A certain amount of quality or function that is epectedltSTRICT LIAILIT
Product defects and consumer safety the focus is on the product itself and noquestions of negligence arise
A manufacturer may be strictly liable for any damage that results from the use ofhis product even though the manufacturer as not negligent in producing it
G)ARANTEE applies to services and agreements
AICE TO ESI$N EN$INEERS TO AOI PROCT LIAILITIES
bull Formal esin Re4ieamps conceptual feasibility and finalbull Codes and Standards adhere to all government industry and company
standards and codesbull Stateofteart esin Metods ma7e choices that lean toard safety
bull Formal Haard Anal$sis identify hazards try to prevent or eliminate actionplan remedial action
bull Formal Failure Anal$sis 3ailure (odes and Effects Analysis amp3(EA and3ault Tree Analysis amp3TA
bull esin Records 2eep good design records to shoe planning for safety
AICE TO MANFACTRERS
bull ltualit$ Assurance and Testin $ 111
bull Instruction7 5arnin and aner Sins f dangers do eist plan forproper signs to give arnings of danger
bull Instruction Manuals Any product that is dangerous should come ith aservice or instruction manual
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bull 5arranties7 isclaimers and oter Pu1lised Material evie allinformation ith the design engineer and by a products liability layer
bull Consumer Complaints nvestigate claims quic7ly to fi problems early
bull Customer Records gtave good records in case of a recall
OTAININ$ CANAIAN STANARS
6hec7 ith the $tandards 6ouncil of 6anada amp$66 They promote efficient andeffective standardization in 6anada
The $66 manages the )ational $tandards $ystem amp)$$ The )$$ ritestandards certify products test products and register quality systems ofcompanies amp$ 111
The $66 coordinates the 6anadian contribution to $ ampnternational
rganization for standards and E6 ampnternational Electrotechnical 6ommission
ISO === 7 QALIT MANA$EMENT AN QALIT ASSRANCESTANARS
t is a standard for effective management of a manufacturing corporation in orderto maimize the quality of the manufactured products
A 7ey part of the process involves the development of a ualit 3anual thatdocuments the four 7ey aspects of the certification process
bull quality policies for every aspect of the corporation-s operationsbull quality assurance procedures
bull quality process procedures
bull quality proof
ISO 3=== 7 ENIRONMENTAL MANA$EMENT SSTEMS
The process requires the company to eamine every function of its operationsith the goal of identifying activities ith a significant environmental impact andcommitting the company to preventing pollution in all of its many forms
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CHAPTER 8gt isciplinar$ Poampers and Procedures
EFINITION OF PROFESSIONAL MISCONCT
Each Association has the poer to prosecute people ho unlafully practiceprofessional engineering and to discipline licensed engineers ho are guilty ofprofessional misconduct or incompetence
The provincial Acts typically identify I causes for disciplinary action
bull Professional Misconduct Any conduct detrimental to the best interestsof the public or that harms or tends to harm the standing of the profession
generally as unprofessional conduct ampor an act that ould reasonably beregarded as unprofessional
bull Incompetence a lac7 of 7noledge s7ill udgment or disregard for theelfare of the public that demonstrates the member is unfit to carry out theresponsibilities of a professional engineer
bull Nelience carelessness or carrying out or7 that is belo the acceptedstandard of care or performance
bull reac of te Code of Etics
bull P$sical or Mental Incapacit$ this is included as a definition ofincompetence
bull Con4iction of an Offense isciplinary action against a member ho isguilty of an offense that is relevant to the member-s suitability to practice
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ISCIPLINAR PROCESS
hen a complaint of negligence incompetence or professional misconduct ismade against a licensed professional engineer it sets in motion a Fstageprocess of
bull Gathering nformationbull Evaluating the 6omplaint
bull 6onducting a 3ormal gtearing that enders 4udgment
Stipulated Order A simpler form of disciplinary hearing for less serious casesThe decision of guilt or innocence is decided by one representative and the resulthas no appeal process =oth parties agree to the outcome
f a member or licensee should be found guilty the iscipline 6ommittee can
bull suspend or revo7e your licensebull impose restriction on your license
bull require the member to be counseled or reprimanded
bull ma7e you pay cost of investigation or hearing
bull ma7e you rite eams or ta7e courses
bull impose up to a M01111 fine
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CHAPTER 8 Maintainin Professional Competence
Engineers have the privilege of selfregulation a privilege accompanied by acorresponding duty to maintain competence and avoid professionalobsolescence
The process requires engineers ampand engineering corporations to maintaincompetence by
bull enineerin practice or emplo$ment
bull formal education amp+niversity or Association courses
bull informal education ampshort courses or seminarsbull pu1lications
bull participation in enineerin societies
bull 1encmarin ampcomparing your practices against best practices
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CHAPTER 8 Enineerin Societies
The maor purpose of engineering societies is to encourage research into netheories or methods to collect and classify this ne information and todisseminate it to members so that it can be put to good use
The difference beteen an association and a society is that the Associationregulates professional behavior and the $ocieties disseminate engineeringinformation $o you should be a member of both
$ocieties have been established by groups of engineers hose commoninterests are based on
bull discipline
bull product
bull facility
bull evaluation
bull function
bull environment
bull language
bull geographical area
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THE CONCEPTS OF PROFESSIONALISM
PROFESSION
bull A learned calling ith specialized 7noledge
bull Performs services ith advanced 7noledge s7ill and udgment in hich
the public trusts
bull gtas public obligation and performs services in the general public interest
bull s bound by an ethical code in its relationship ith the public clientsemployees and colleagues
bull Accepts responsibility to regulate professional members and professionalservices provided to clients and the public
Engineering is a profession that is selfo4ernin and has the authority todiscipline members ho fail to comply ith proper standards of practice andconduct
The engineering profession is
bull highly organized
bull minimum standards of admissionbull regulate the activities of their members amps7illed practice and ethical conduct
bull promote the advancement of 7noledge
Professionals depend on the confidence ofbull the client or employer
bull the public
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ECEENCE
A shared commitment ith your peers to strive for ecellence
ETHICS
Ethics deals ith voluntary actions ta7en by an individual ith sufficient7noledge of options available
The COE OF ETHICS shapes the practice in to important aysbull provides a commonest of values hich offers a reliable professional
product to the public
bull professional relationship of trust ith the public is fundamental
APE$$A COE OF ETHICS
Professional Engineers shall recognize that professional ethics is founded uponintegrity competence dignity and devotion to service
8 P En sall old paramount7 te ealt7 safet$ and ampelfare of te pu1lic and en4ironment
bull They have an obligation to report conditions hich present an
immediate threat to safety health elfare or the environment
bull t should first be reported to the professionals involved then to
corporate or regulatory authorities
PEn sall undertae onl$ ampor tat te$ are competent to perform 1$teir trainin and eperience
bull Professional members should ensure to the best of their ability thatstatements on engineering matters attributed to them properly reflecttheir professional opinion
Stampin and Sinin ocuments8
bull Professionals shall only stamp and sign documents that they haveprepared or that have been prepared under their direct supervision andcontrol
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bull hen or7 is prepared by others they shall only stamp and sign afterhaving thoroughly revieed the or7 and accepted responsibility for it
bull Engineers ho apply their seals or stamps to reports plans or otherdocuments are stating that they understand and are in agreement ith
these documents
bull The absence of a seal or stamp does not necessarily indicate that aprofessional member has not revieed the document not does itrelieve the member from professional or legal responsibility if it can beshon that he or she as involved ith the or7
B P En sall conduct temsel4es ampit interit$7 onest$7 fairness ando1ecti4it$ in teir professional acti4ities
bull A client-s or employer-s interests should be held in high regard gtoeverthe folloing duties ta7e precedencelt
o duty to protect public safety
o duty to the professions under the 6ode of Ethics
o duty to act fairly to all parties hen administering a contract on
behalf of a client or employer
bull Professionals should 7eep confidential all information that is acquired inthe course of their professional duties and that concerns the businessaffairs of present or past clientsemployees
gt PEn sall compl$ ampit applica1le statutes7 reulations and 1$laamps inteir professional practice
bull Professionals should maintain adequate 7noledge of the la relating totheir area of practice
bull esponsible n4ironmntal mana+mnt comutr softar anddiscrimination are a fe of the subects covered under this ule
PEn sall upold and enance te onor7 dinit$7 and reputation of teir professions7 and te a1ilit$ to ser4e te pu1lic interest
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bull Advertisements proposals and presentations should be factual clearand dignified
bull A professional should be careful to give due credit to others
bull nly revie the or7 of another professional hen they have beeninformed unless there is a confidentiality agreement to the client
bull gtelp ET-s
APE$$A COE OF ETHICS
0 P Eng shall hold paramount the DealtD safet6 and elfare of tDe pulic and enironment
B PEng shall underta7e only or tDat tDe6 are competent to perform bytheir training and eperience
F P Eng shall conduct themselves ith interit6 Donest6 fairness and
oGectiit6 in their professional activities
K PEng shall compl6 itD applicale statutes reulations and 62las intheir professional practice
H PEng shall uphold and enhance the Donor dinit6 and reputation of their professions and the ability to sere tDe pulic interest
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COPRI$HTS
9RiDt to cop6
nly the oner of the or7 is alloed to reproduce the or7 or permit others tocopy it
Plaiarism is copying someone else-s or7 and claiming it as your on
Fair ealin +se or reproduction of or7 for private study research criticismrevie or nes reporting
Cop6riDts appl6 to8bull iterar$ ampors boo7s poems pamphlets computer programs
bull ramatic ampors films videos plays scripts
bull Musical ampors compositions ampords and music
bull Artistic ampors paintings draings maps photos sculptures architects
Also to8bull Performer(s performances actors musicians dancers
bull Communication Sinals broadcasters
bull Sound Recordins
6opyright is restricted to the epression in a fied manner amptet recordingdraing of an ideaL it does not etend to the idea itself
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3acts ideas and nes are all considered public property
6opyright does apply tobull $ong
bull )ovel
bull Playbull (agazine article
bull 6omputer program
bull ideo 6assettes (ovies
6opyright does NOT apply tobull $ong titlebull Plot ideabull Play of gtamletbull 3acts in an articlebull )ame of a computer programbull (a7ing a copy of a musical tape amproyalties have been paid already
bull 6opies for educational institutions ampcan 7eep radio and nes tapes for 0 year
bull )onprofit libraries archives and museumshen you create a or7 you automatically have copyright protection providedthat at the time of creation you ere a 6anadian 6itizen or a resident in a countrythat participates in 6opyright rules
Autorsip The person that creates the or7
Oampnersip f you are the creator of the or7 you on the copyright f you
create a or7 hile employed the copyright belongs to the employer ou canlegally transfer your rights to someone else then they on the copyright
uration 6opyright ampintellectual property lasts for the life of the author N H1years
Moral Rits Even if you sell your copyright you still retain moral rightsltThis means that no one including the person ho ons the copyright candistort mutilate or modify your or7 ampchange the ending use for a commercial etc
(oral rights eist for the same length as the copyrightou cannot sell or transfer your moral rights but you can aive them
RE$ISTRATION OF A COPRI$HT
ou do not have to register a copyright to have protection in 6anada
f you choose to register ith the copyright office you receive a certificate hichcan be used to your advantage if your or7 is infringed t is evidence that it is
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your or7 and you are the oner n a dispute you do not have to proveonership
ou send the application to the 6opyright office and you do not send your or7in ou may need to send a copy to the )ational ibrary of 6anada but the
6opyright office doesn-t revie your or7 at all
There is no requirement to mar7 your or7 under the 6opyright Act ou canmar7 it li7e this
)ame ear copy e 4ane oe 09I copy
ou can use this format even if you have not registered your or7
The 6opyright ffice is not responsible for ensuring that your copyright is notbeing infringedCCthis is your ob ou have to launch legal action yourself and
the courts are left to decide
Assinment As the oner you may decide i4e up part or all of $our rits toanother party The assignment may be for the hole term or for ust a certainpart of the term
icense ou as the oner give someone else permission to use your or7 forcertain purposes and under certain conditions but you still retain onership oudo not i4e up $our rits
Ro$alties (oney paid to the copyright oner as commission for sales of theiror7 or permission to use them
Tariffs $et fees that users must pay for using certain copyright material
Collecti4es an organization that collects royalties on behalf of its members
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TRAEMARampS
A trade2mar is a ord symbol or design to distinguish the products or servicesof an organization or person from others t can also represent a reputation
Ordinar$ Mars ords or symbols that distinguish your product or service ampe Giddy+p
Certification Mars identify ares or services that meet a defined standardThey are oned by one person but licensed to others to identify ares orservices hich meet a defined standard ampe oolmar7 APEGGA seal
istinuisin uise identifies the unique shape of a product or its pac7ageampe eggs Egg
A trade name is the name under hich you conduct your business The tradename can be registered under the Trade(ar7s Act only if it is also used as aTrademar7 ampto identify products or services
RE$ISTERIN$ A TRAE2MARamp
The Reistered Trade2Mar is one that is entered on the Trademar7s registerou are not required to register your trademar7 if you use it for a certain lengthof time you can establish onership by 6ommon a
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bull egistration of your trademar7 gives you the eclusive right to use the mar7across Canada for 8 $ears then you have to rene it
bull t is recommended that you register your Trade(ar7 in case someone elsetries to use it
bull f you fail to use the mar7 for an etended period your registration may becancelled
bull ou can register a trademar7 by filing an application for registration ith theTrademar7s ffice our trade2mar must e used in Canada efore itcan e reistered+
RE$ISTRATION QALIFICATIONS
bull 6annot be primarily your full name or surname ampunless you can prove it is already
identified
bull ou may not register a ord that clearly describes a feature of the product orservice ampseet uicy
bull The ord cannot be clearly misleading ampdeceptively misdescriptive ampe sugarseet if it has no sugar
bull ou may not register a ord that clearly designates the place of origin of theproduct or service or if it misleads the public into thin7ing that the productcomes from there ampParis 3ashions Atlantic 6od but you can use )orth Pole =ananasbecause no one ould epect them to come from there
bull ou can use a disclaimer statement indicating that you are not claimingeclusive rights for certain ords appearing in the trademar7 n this ayyou can use clearly descriptive ords hich are unregisterable on their onampce 6ream in =ob-s ce 6ream
bull )ames of products in other languages cannot be registered ampurstlt is Germanfor sausage
bull 6annot be registered if it consists or a plant variety denomination
bull ou cannot use ords symbols sounds or ideas that are confusingly similar
to a registered trademar7 or a pending mar7 amp2ing og 3ood and 2ing 6at 3oodould be refused
bull ou cannot register a trademar7 that resembles certain official symbolsunless you have the consent of the authority in question
o fficial government symbols
o 3amily coats of arms
o =adges and crests or 6(P
o Emblems and names of ed 6ross or +)
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o 3lags of other countries
o $ymbols of provinces
=efore you try to register your trademar7 do a search and include trade namesas ell
After you have a registered trademar7 to 7eep it you mustLbull Pay the registration fees every 0H years
bull +se the trademar7 in 6anada or it ill be epunged
Assinment to sell or transfer your rights to a trademar7 to another party
Marin ReDuirements The Trade(ar7s Act does )T have anyrequirements but many oners indicate their registration through the folloingmar7s
983214 O registered trademar7
991522 O trademar7$( O service mar7
The Trade(ar7 ffice ill prevent anyone else from registering your trademar7but it is your responsibility to monitor the mar7etplace and ta7e legal action ifsomeone is using your trademar7
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PATENTS
A patent is
bull A document protecting the rights of the inventor
bull A repository of useful technical information for the public
The idea is to promote the sharing of technological information hile giving you amonopoly on your creation
ith a patent the government gives the inventor the right to eclude others fromma7ing or selling your invention
The invention is protected from the day the patent is granted to a maimum of =6ears after the day you filed your application
The Patent ffice then epects you to provide a full description of your inventionso that all 6anadians can benefit from this technology They allo your
application to be open gt montDs from the filing date during the con4ention priorit$ date
Patent applications are made pulic gt montDs after the 6anadian 3iling ate
ou must obtain a valid patent ithin 8 $ear of main te product pu1lic
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A 6anadian patent is only etended throughout 6anada ou must apply forpatent rights in other countries separately
t is important to 7eep your invention secret until your first patent application isfiled in order to preserve your rights to file later in most foreign countries
3or an invention to be patented it must be
bull NO0ET= 3irst in the orld
bull )TIIT= 3unctional and operative
bull INGEN)IT= $ho inventive ingenuity and not be obvious to someones7illed in that area
The folloing items are patentable
bull Product ampdoor loc7
bull A composition ampchemical composition li7e lubricant
bull An apparatus ampmachine to ma7e door loc7s
bull A process ampmethod
bull An improvement on any of these
The idea alone is not patentable t must be reduced to something physical
ou CANNOT patentbull A scientific principle
bull An abstract theorem
bull An idea
bull A method of doing businessbull A computer program
bull A medical treatmentn 6anada patents are given to the first inventor to file an application
f you invent something hile or7ing for an employer on the employer-s timeith the employer-s materials at the epense of the employer the inventionrights still belong to you unless you have been hired by the company to inventpatentable inventions
PATENT APPLICATION
+ $et a Patent Aent
+ Preliminar6 SearcD
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bull ou can do a preliminary search in the online database or visit the Patentffice in person
0+ Preparin tDe Patent Application
bull A patent application must consist ofo a1stract ampbrief description
o specification ampclaims and boundaries of protection
o draampins
3+ File 6our Application4+ Reuest eBamination5+ EBaminer does searcD and approes or oGects+lt+ Respond to an6 oGectionsgt+ Patent ranted or oGected+
CONENTION PRIORIT
(any countries belong to the Paris 6onvention for the Protection of ndustrialProperty
This treaty allos you to invo7e convention prioritylt hich means that your filingdate in one member country ill be recognized by all others provided you file inthose countries ithin the first year
ampe if you file in 6anada in 4anuary B111 you could file up to one year later in most countriesamp4anuary B110 and still receive the same rights as if you filed in B111
PATENT COOPERATION TREAT (PCT)
t provides a standardized international filing procedure for foreign patents hichis shared by our principal trading partners including the +$ 4apan and mostEuropean countriesou may file for a patent in as many as 01I member countries through a singleapplication filed in 6anada
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INSTRIAL ESI$N
An Industrial esin is the features of shape configuration pattern or ornamentapplied to a finished article made by hand tool or machine ampappealing to the eye
There is no time limit for filing an application as long as the design has neverbeen published ampmade public to anyone
ou must file ithin 6ear of going public ith your design or you ill lose youreclusive rights to the design
The advantage of registering your industrial design is that it gives you eclusive
right to your design for up to = 6ears from tDe date of reistration
+nless you register your design you can ma7e no legal claim of onership andhave no legal protection from imitation
nly the proprietor ampcreator of the design may obtain registration unless youhave been hired to develop a design Then the hirer is the proprietor
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Trade Secret industrial 7noho or valuable information acquired by abusiness t could be a
bull formula
bull pattern
bull device
bull compilation of info used to give you an advantage over the competitors
ou cannot registerbull That don-t have visual appeal
bull 3eatures that are hidden from vie or too small to appeal to the eye
bull A method of construction
bull An idea
bull (aterials used in construction
bull 3unction of an article
bull 6olor
ESI$N RE$ISTRATION
The application ill includebull Application forms ampdescription
bull At least one draing or photograph
bull 3ees
The process ill include
bull nitial processing
bull Eamination
bull egistration
ou do not have to mar7 your design in order to indicate that it is registered butmar7ing it gives you etra protection
As proprietor you may ta7e legal action against anyone ho infringes on yourdesign in 6anada but you must ta7e action ithin F years of the incident
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An 9assinment occurs hen you sell all or part of your rights in the designpermanently to another party
ou can 9license another user to allo someone else to use your design but
you still retain onership
To have your design protected in other countries you must apply separately ineach country
ou have 5 montDs to file for 9conention priorit6+ampe you apply to register in 6anada in 4anuary B111 then you have until 4uly B111 to file in other 6onvention countries and receive the same rights as if it ere 4anuary B111
LA FOR PROFESSIONAL EN$INEERS OOamp
CHAPTER 8 Te Canadian eal S$stem
The legal system of 6anada is based on the English common2lalt system andthe English courts of euit6lt system ampudgemade la and is calledCOMMON2LAlt
The 3ederal 6ourt of 6anada has urisdiction over federal matters such aspatents trademar7s and copyrights
Pu1lic aamp deals ith the rights and obligations of government ampcriminal and6onstitutional la
Pri4ate aamp deals ith the rights and obligations of individuals or private organizations ampCONTRACT AN TORT LA
Termsbull itigation lasuit
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bull Plaintiff party bringing the actionbull efendant party defending the actionbull Appellant party appealing the decisionbull espondent party see7ing to uphold a decisionbull Privity of contract legal relationship beteen parties to a contract
bull 6reditor party to hom an amount is oingbull ebtor party that oes an amount to creditor bull $uarantee A guarantees = the debt of 6omp amphen = doesn-t get paid
= goes to 6omp first then to A
bull Indemnification a promise to directly compensate or reimburseanother party for a loss or cost incurred f Aindemnifies = the debt of 6omp amphen = doesn-t get paid =goes directly to A
CHAPTER usiness Oraniations
Sole Proprietorsip an individual carries on business by and for himself andalso enoys the profits and incurs any losses personally
Partnersip an association of persons ho conduct business in common ith avie to profit ndividuals or organizations share profits and losses
Corporation an entity unto itself distinct from its oners ampfictitious personThe corporation itself ons its assets and incurs its on liabilities
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CHAPTER B International Considerations
t is etremely important to obtain advice from an appropriately eperiencedlayer in the foreign country or have the advice of a consultant in that countryt is ise to purchase political ris7 insurance and to use careful udgment together ith a local influential partner
$ome potential ris7s of or7ing internationally are
bull Political Ris is one of the more obvious ris7 factors in or7inginternationally The 6hanges in government can lead to significant policychanges
bull Licensin reuirements and obtaining necessary permits and approvalsin a foreign country under different legal systems can be timeconsuming
bull Financial Riss due to currency echange and controls or restrictions onthe transfer of funds out of the country
bull Contract documents and forms used on proects may be different
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CHAPTER gt Tort ia1ilit$
Tort8 generally refers to a private or civil rong or inury one that involvesnegligence and that may arise independently of contract ampcar driver and victim
amphich includes financial loss hen based on a professional-s opinion
The fundamental purpose of tort la is to compensate ictims of tortsPunishment of negligent rongdoers IS NOT a purpose of tort la
Professional liability insurance should provide protection if an engineer-snegligence results in damage arising in tort
n order to satisfy the courts that compensation should be made the plaintiff in atort action must prove that
bull The defendant oed the plaintiff a duty of care
bull The defendant breached that duty by his conduct
bull The defendant-s conduct caused the inury to the plaintiff
f any 0 of these F aspects is not proven to the satisfaction of the courts theplaintiff ill not in
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A significant factor in a tort action is the establishment of the standard of carerequired of the defendant
The standard is applied based on the premise that engineers have a duty to use
the reasonable care and s7ill of engineers of ordinary competence Thereasonable carelt is measured by applicable professional standards of theengineering profession at the time the services ere performed
Strict ia1ilit$ manufacturers and employers are held strictly liable hen faultis not necessary if compensation is to be provided ampnot yet upheld in 6anadaampe All employees ma7e contributions on behalf of employees and if someone is inuredcompensation is provided ith no finding of faultampe A manufacturer may be strictl6 lialelt if for any damages that result from the use of theirproduct
0icarious ia1ilit$ The employer is responsible for damaged caused by its
employees The employer provides compensation because it is presumed thatthe employer is in a better financial position than the employee
Concurrent Tortfeasors hen more than one party is liable in a tort actionThe defendant-s together are called concurrent tortfeasors
Products ia1ilit$ The plaintiff must be able to establish that damage hasclearly resulted from appropriate use of a product and the defendantmanufacturer must then persuade the court that at the time the manufacturercould not have foreseen the defective nature of the goods manufactured6anada has not yet ta7en a strict liability approach on products as the +$ has
Products liability has developed through principles of both contract la and tortla The tort concept of fault has been applied and implied contractualarranties that the product is effective and the contract of a sale must also eist
n productsliability matters economic losses ampin the absence of physical inurymay in some circumstances be recoverable
Standards of Care and ut$ to 5arn A manufacturer must arn theconsumer of any dangerous potential of the product by appropriate labeling
Oter Tortsbull Tort of defamation8 ampif the statements that damage the reputation are true there is
no liability
o ibel D in riting
o $lander D verbal
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bull Occupiers Liailit68 The occupier of a property must eercise therequired standard of care to ensure the safety of individuals coming ontothat property
bull Tort of Nuisance8 esigned to alleviate undue interference ith the
comfortable and convenient enoyment of the plaintiff-s landampe insecticide spray drifting onto other land
CHAPTER Proof
The burden of proof is on the plaintiff to prove the case against the defendant
Engineers often find themselves ma7ing appearances as eBpert itnesses incourt
The epert is permitted to epress opinions ith respect to his or her area ofepertise and the itness should be cautious and restrict testimony to such
area
ou ill be hired by one side and crosseamined by counsel from the otherparty
Preparation is of the utmost importance in litigation The epert itness shouldclearly understand the issues in the lasuit and be aare of the scope ofquestions that can be reasonably epected
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CHAPTER 28 Contracts
3or a contract to be binding and enforceable the folloing elements must bepresent
bull An offer made and accepted
bull (utual intent to enter into the contract
bull 6onsideration or offer ampan echange of promises each promise representing
something of valueCpayment of money is not essential
bull 6apacity to contract ampcan-t be a minor drun7 or crazyCenforceable by the drun7 if
the other party 7ne they ere intoicatedbull aful purpose 6ontract on-t be enforced if it is unlaful
An offer is a promise made by one person to another
)ot all contracts are in riting
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+ntil it is accepted the offer may be ithdran by the offeror unless it is madeepressly irrevocable by its terms
Irre4oca1le Offers =idders submit offers or tenders that have been madeirrevocable for a specific period of time At any point during that period the offer
may be accepted and a contract ill be formed
Option Contract This contract is another means of 7eeping an offer open for acertain period of timeampe The party purchasing the option may ant do eploration or7 for a period of time beforedeciding to spend a large sum of money on the property
EDuita1le Estoppel A udge can stoplt the strict terms of a contract from beingfolloed if it is proven that the terms had changed outside of the agreementampoften used hen etensions to deadlines are agreed upon and then the person tried to go bac7to the original ritten contract
Pursuant to contract la consideration ampor a seal must be present in order toma7e a change to a contract enforceable D otherise it is ust a promise not laThe courts protect the person in the situation here a promise is ta7en as fullagreement
Statute of Frauds Ensures that certain types of contracts must be in riting tobe enforceable
Rectification This order can be applied for to rectify a contract because of asecretarial or recording mista7e
)nilateral Mistae A mista7e made by only one party to a contract 6ourts illdecide hether a contractor ill be relieved of their mista7e
CHAPTER 8 Tenderin Issues Contract A
a of tendering in 6anada gives the principle that there are B separatecontracts that arise in the tendering process
0 Contract A D the contract of irrevocability ampthat deals ith the tenderingphase
B Contract D the construction contract ampapplies to the construction phase
The number of number of tenders submitted is the number of 6ontract A-s thatare formed
The original tender pac7age contents cannot be changed ithout notifyingeveryone or you are in =reach of 6ontract A
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CHAPTER 82 Contract Interpretation
Parties to a contract sometimes dispute the meaning of part of the contract Todifferent approaches can be ta7en hen interpreting contracts
bull i1eral Approac ta7es into account the intent of the parties and maylead to speculation on that intent
bull Strict Approac focuses on the precise ords in the agreement andmay rely on dictionary meanings
Contra Preferentem hen a contract is ambiguous or unclear it ill beinterpreted against the person that rote it up
Parol E4idence Rule hen verbal agreements outside of the ritten contractare included as rule in a contract n most cases if a condition is agreed uponverbally but is not included in the contract then the condition is not part of thecontract
Implied Terms hen the inclusion of obvious terms of a contract have beenoverloo7ed here it is reasonable implied terms may eist in a contract
CHAPTER 83 iscare of Contracts
There are several ays to discharge a contract
bull Performance hen all parties have completed their respectiveobligations the contract is at an end
bull Areement to iscare Parties in a contract are alays free to amend
the contract or agree to cancel or terminate the contract upon mutuallyagreed terms
bull iscare Pursuant to Epress Terms t is advised to include in acontract terms here all parties may terminate the contract if certainoutside events ere to occur ampe ban7ruptcy
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bull iscare 1$ Frustration hen changing unforeseeablecircumstances occur that may radically change the obligations of theparties
o Force Maeure Provides that the time for completion ill beetended in the event of ar riot flood labor dispute or other
events that are beyond the control of both parties
bull iscare 1$ reac of Contract ne party fail to perform obligations
o iscare 1$ Repudiation hen the party to a contract
epressly tells the other party that they have no intention ofperforming contractual obligations
CHAPTER 86 reac of Contract
f a party to a contract fails to perform obligations specified in the contract thenthat party has breached the contract
The innocent party is entitled to certain remedies depending on the nature of thebreach and the terms of the contract
Condition an obligation that is essential or vital to the contract5arrant$ an obligation that is NOT essential or vital to the contract
A =reach of 6ontract is a cause for discharge only if its effect is to render itpurposeless for the innocent party to proceed further ith performance
Repudiation hen the party to a contract epressly tells the other party thatthey have no intention of performing contractual obligations
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REMIIES
A nondefaulting party is entitled to damages for losses incurred as a result of abreach of contract
irect amaes Actual calculated difference in the cost of having to chooseone service over the other ampthe loest bid is chosen and then they refuse to do the or7so the second loest bid is chosen and the party sues for the monetary difference beteen theloest and second loest bid
Indirect amaes Are consequential to the breach and might include damagesfor lost profits or damages incurred if the contract is not fulfilled
iDuidated amaes Are preestimated damages if certain events ere tooccur that are ritten into the contract under a Penalty 6lause
ltuantum Meruit hen services have been requested and performed but nooutside agreement as reached beteen the parties as to hat payment ouldbe provided in return for the services then the courts can aard the person ithas much as is reasonably deservedlt for time spent and materials supplied
Su1stantial Compliance hen a contractor has substantially complied iththe terms of a contract yet failed to comply ith some minor aspect of thecontract The contractor ill be paid the contract price minus the cost ofdamages caused by the minor problems
Specific Performance hen the courts require a party to perform a contractual
obligation li7e the sale of land or a personal item
Inunction A court order that prohibits or restrains a party from performing anactCHAPTER 9 Fundamental reac
Applies to a contract that contains an eemption clause amphere parties limit theirliability if a breach of contract results and ma7es the eemption ineffective
CHAPTER 8 Areement etampeen Client and Enineer
A contract beteen a client and an engineer must include all of the essentialcontract elements
The document ill not specify the degree of care that is required of the engineerin carrying out the services =ut the engineer is liable for incompetence
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carelessness or negligence that results in damages to the client and for notperforming ith an ordinary and reasonable degree of care and s7ill
CHAPTER Concurrent ia1ilit$ in Tort and Contract
+nless otherise stated in a contract the standard of care epected of anengineer doing a ob is the same standard of care by hich an engineer-sperformance is measured in tort
3or a breach of contract there is a limitation period of I years from date of thebreach in hich to press charges instead of hen it is discovered
n tort the limitation period in hich to press charges starts hen the damagesare first detected
CHAPTER 3 Ar1itration and AR
A lasuit is not alays the best ay to resolve a dispute beteen contractingparties especially technical disputes
Ar1itration or Alternati4e ispute Resolution +AR- t is less costly and lesspublic than litigation
An engineer that is an arbitrator is epected to act impartially and independentlyof the parties to the dispute
The Arbitration Act deals ith the appointment of an arbitrator and sets out astructure or set of rules to govern the conduct of an arbitration unless the partiesagree that some other structure or rules ill apply
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The Act also gives arbitrators the urisdiction to aard preudgment and post udgment interests ust li7e the courts have under the 6ourts of 4ustice Act
Partnerin intended to respond to the need for improved attitudes amongstindustry participants to the importance of teamor7 on proects
This cooperative attitude should assist in resolving proect disputes at an earlystage
) TGAT) and A=TAT) result in a 4+G(E)T TgtAT $=))G
Proect Neutral (proGect manaement oerie) The companies appoint a
proect neutral usually an independent professional eperienced in the industryto be aare of developments on the proect ith a vie to offering unbiasedadvice and decisions
Mediation esolving disputes through the negotiating process involving amediator ho is to provide guidance and to facilitate the settlement process agobeteenlt in communicating proposed settlements
There is no udgmentL the parties need to or7 out their differences
CHAPTER BB Industrial Propert$
Industrial Propert$ Rits ights that generally relate to patents trademar7scopyrights and industrial design
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t as caused by the faulty design and eventual collapse of a temporary toersupporting the partially completed bridge
The additional time and material needed to reconstruct the damaged portions ofthe bridge
essons earned
bull 6onsulting engineers should recommend alloable stresses for temporaryconstruction support structures
bull The contractor should be required to submit all construction plans andcalculations for approval prior to construction
0+ THE ESTRA MINE ISASTER
(ay th 0B mine ble up and 7illed BI miners
The floor roof and sides of the road should have been cleared and treated ith
stonedust and proper ventilation procedures should have been folloed despitedelayed production
essons earned
bull Production demands resulted in the violation of basic and fundamental safemining practices
bull (anagement ignored or encouraged many hazardous and illegal practicesincluding 0Bhour or7 shifts improper storage of fuel refueling vehiclesunderground using nonflameproof equipment
bull The methane gas from the coal needed to be properly ventilated out of themine
bull Proper permits and changes to the mine plans ere not approved by theproper authorities
bull ritten orders to stonedust and to clean up the mine ere not folloed
3+ THE LO$EPOLE ELL LOOT
ctober 0Jth 0B a sour gas Amoco ell ble out and they could not get itbac7 under control
The initial 7ic7 occurred primarily because drilling practices during the ta7ing ofcores ere not folloed and this combined ith the marginally adequate muddensity used permitted the entry of reservoir fluids into the ellbore
They lost control of the ell and then it started on fire from some (us7eg thatas burning underground
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There ere also some equipment failures that attributed to not being ale tocirculate the 7ic7 out quic7 enough
essons earned
bull Amoco did not apply the necessary degree of caution hile carrying outoperationsbull )eeded to be fully prepared in the event of a fluid influ
4+ THE RE21 MININ$ FRA
The samples had been saltedlt D adding minerals li7e gold here none eist
essons earned
bull The chief geologist had a responsibility to sho due diligence in safeguardingthe core samples and ensuring that the gold assay as properly done Thatthe gold content based on the samples as accurately calculated and thatthe doublechec7s ere made to confirm the results
bull This emphasizes the critical dependence of the mining and resourceindustries on professionals ith high ethical standards
5+ THE CHALLEN$ER SPACE SHTTLE E1PLOSION
n 4anuary B9 09I the accident as caused by hot gases bloing past one ofthe seals in the roc7et boosters The seal had been unable to do its ob properlybecause of the unusually lo temperature in 3lorida on the day of the launch
The manufacturer of the boosters had this information but had decided to goahead ith the launch anyay
essons earned
bull n an enormously large organization it is easy for decision ma7ing to fall
through the crac7s
bull t is very easy for engineers to fall into the comforting belief that they arefolloing a conservative course hen in fact they are deviating intodangerous territory
bull isasters are easy to create D safety comes hard
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lt+ THE C2= PASSEN$ER AIRCRAT ISASTER
n 0JB a cargo door latch failed and the door ble out of a 601 over indsor) and the eplosive decompression of the cargo compartment caused part of
the cabin floor to collapse
This opened a large hole in the bottom of the fuselage and severed most of thehydraulic lines hich caused the loss of control of the rudder and aileronsEveryone landed safely that day
n 0JK another 601 over Paris lost its cargo door The decompression ofthe cargo compartment again caused the cabin floor to collapseL control of theailerons and rudder ere lost and the plane crashed 7illing FKI people
essons earned
bull The 3AA failed in its role of safety atchdog t certified the cargo doordesign in spite of the failure during the ground test Then after the neardisaster over indsor they merely advised the airlines to follo themanufacturer-s service bulletin rather than issuing a directive that ould haverequired all 601-s to be retrofitted
gt+ TO1IC POLLTION8 LOE CANAL MINAMATA HOPAL SR
mproper disposal of toic or environmentally harmful aste
Loe Canal Ne or 7 ioBin
bull n 0HF gtoo7er 6hemical 6orporation dumped over 09111 tons of chemicalaste including dioins until the canal as flat land again
bull Then they donated the land to the =oard of Education but said nothing aboutthe chemicals buried there
bull Eventually the chemicals ere discovered in 0JI and the area asevacuated and treated
bull Total cost of the cleanup as MBH1 million and gtoo7er asn-t liable for any ofit because of their contract hen they donated the land
Minamata a6 apan 7 Mercur6 Poisoninbull n 0FB the 6hisso 6ompany a nitrogen fertilizer company began producing
acetaldehyde (ercury as needed as a catalystbull uring the production process a portion of the mercury as lost D ashed
into the =ay ith the aste aterbull The organic mercury as absorbed by the shell fish and eventually eaten by
people
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bull =y 0IB it as estimated that about B11 people had contracted (inimatadisease
Dopal India 7 MetD6l Isoc6anate
bull n 09K a poisonous cloud of methyl isocyanate gas escaped from the +nion
6arbide plant 7illing thousands of people up to I 7m aaybull The incident happened hen a or7er as cleaning a pipe ith ater and the
ater mied ith the chemicals and over pressured the tan7s causing them torelease the gas
Sudur6 Ontario 7 SulpDur ioBide
bull )ic7el that is mined in ntario is in the form of sulphied ore and cannot be
directly converted into metallic form t must first be smelted D burned toremove the sulphur hich is done in huge open roastslt hich emitted huge
toic clouds of sulphur dioidebull $ulphur ioide hen dissolved in ater became acid rain
bull This devastated the area around the plantL trees are stunted and sparsela7es have no fish no bird life
bull $ince then about F111 hectares have been reclaimed
essons earned
bull Each of these incidents involves ignorance carelessness or incompetenceand most involve an arrogant lac7 of ethical action
bull6onsequences of negligence can be terrifying
+ NCLEAR SAFET
TDree Mile Island
(arch B9 0J a routine maintenance operation a pressure valve stuc7 openalloing radioactive ater to escape from the system for more than B hoursleaving the reactor core partially uncooled
(ore than 0F of the reactor core had melted and fallen to the bottom of thereactor vessel Than7 goodness the molten mass did not burn through thebottom of the reactor to penetrate the ground ater table ampin a cynical version ofthis story the molten mass continues to burn through the interior of the earth untilit emerges in 6hina ampThe 6hina $yndrome
t as not a disaster for the public but the unit as destroyed and the cleanupcost nearly M0 billion
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CDerno6l
April BI 09I reactor number K eploded releasing a huge cloud of radioactive
plutonium cesium and uranium dioide into the atmosphere
Accident occurred during a lopoer test =ecause of the design during loerpoer the ater in the core decreases
To date the number of related deaths is beteen J11101111 They aiteddays even ee7s to admit that it had eploded and they too7 even longer toevacuate the peopleessons earned
bull The possibility of disaster might be very small but it is not zero
bull $uch responsibility should never be treated casually
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CHAPTER 8 Product Safet$7 ltualit$ and ia1ilit$
NE$LI$ENCE AN LIAILIT
Engineers are liable for negligent incompetent or careless acts that result indamages to others including the employer
Engineers are required to use reasonable care established practices and elltested engineering principles
Nelience an act or omission that constitutes a failure to maintain thestandards that a reasonable and prudent practitioner ould maintain in thecircumstances
ITH A CONTRACT8
bull )egligence incompetence or carelessness may be a basis for a lasuit overbreach of contractlt
bull t is good practice to consider all reasonable ays in hich an agreementmay go rong foresee damages and include clauses that specify bonusesfor good results or limits to liability
ITHOT A CONTRACT8 (driin)
bull (ay result in legal liability based on tort la ampinuries or damages
bull To in a claim under tort la the plaintiff must prove
o that the defendant had a duty of care to the plaintiff
o that the defendant breached that dutyo that the loss or damage as a direct result of the defendant-s breach of
duty
iability insurance is a ise investment t is essential for manufacturers thatemploy engineers because of
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0icarious ia1ilit$ the engineer-s employer is liable for any loss or damagethat results from a tort caused by an employee The engineer is protectedfinancially but not from disciplinary action by the Association
PROCT ARRANTIES
5ARRANT= applies to goods and products
bull Epress 5arranties promises that the product has a certain quality or itill perform for a certain period of time
bull Implied 5arranties unstated promises that eist as a matter of common
sense A certain amount of quality or function that is epectedltSTRICT LIAILIT
Product defects and consumer safety the focus is on the product itself and noquestions of negligence arise
A manufacturer may be strictly liable for any damage that results from the use ofhis product even though the manufacturer as not negligent in producing it
G)ARANTEE applies to services and agreements
AICE TO ESI$N EN$INEERS TO AOI PROCT LIAILITIES
bull Formal esin Re4ieamps conceptual feasibility and finalbull Codes and Standards adhere to all government industry and company
standards and codesbull Stateofteart esin Metods ma7e choices that lean toard safety
bull Formal Haard Anal$sis identify hazards try to prevent or eliminate actionplan remedial action
bull Formal Failure Anal$sis 3ailure (odes and Effects Analysis amp3(EA and3ault Tree Analysis amp3TA
bull esin Records 2eep good design records to shoe planning for safety
AICE TO MANFACTRERS
bull ltualit$ Assurance and Testin $ 111
bull Instruction7 5arnin and aner Sins f dangers do eist plan forproper signs to give arnings of danger
bull Instruction Manuals Any product that is dangerous should come ith aservice or instruction manual
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bull 5arranties7 isclaimers and oter Pu1lised Material evie allinformation ith the design engineer and by a products liability layer
bull Consumer Complaints nvestigate claims quic7ly to fi problems early
bull Customer Records gtave good records in case of a recall
OTAININ$ CANAIAN STANARS
6hec7 ith the $tandards 6ouncil of 6anada amp$66 They promote efficient andeffective standardization in 6anada
The $66 manages the )ational $tandards $ystem amp)$$ The )$$ ritestandards certify products test products and register quality systems ofcompanies amp$ 111
The $66 coordinates the 6anadian contribution to $ ampnternational
rganization for standards and E6 ampnternational Electrotechnical 6ommission
ISO === 7 QALIT MANA$EMENT AN QALIT ASSRANCESTANARS
t is a standard for effective management of a manufacturing corporation in orderto maimize the quality of the manufactured products
A 7ey part of the process involves the development of a ualit 3anual thatdocuments the four 7ey aspects of the certification process
bull quality policies for every aspect of the corporation-s operationsbull quality assurance procedures
bull quality process procedures
bull quality proof
ISO 3=== 7 ENIRONMENTAL MANA$EMENT SSTEMS
The process requires the company to eamine every function of its operationsith the goal of identifying activities ith a significant environmental impact andcommitting the company to preventing pollution in all of its many forms
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CHAPTER 8gt isciplinar$ Poampers and Procedures
EFINITION OF PROFESSIONAL MISCONCT
Each Association has the poer to prosecute people ho unlafully practiceprofessional engineering and to discipline licensed engineers ho are guilty ofprofessional misconduct or incompetence
The provincial Acts typically identify I causes for disciplinary action
bull Professional Misconduct Any conduct detrimental to the best interestsof the public or that harms or tends to harm the standing of the profession
generally as unprofessional conduct ampor an act that ould reasonably beregarded as unprofessional
bull Incompetence a lac7 of 7noledge s7ill udgment or disregard for theelfare of the public that demonstrates the member is unfit to carry out theresponsibilities of a professional engineer
bull Nelience carelessness or carrying out or7 that is belo the acceptedstandard of care or performance
bull reac of te Code of Etics
bull P$sical or Mental Incapacit$ this is included as a definition ofincompetence
bull Con4iction of an Offense isciplinary action against a member ho isguilty of an offense that is relevant to the member-s suitability to practice
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ISCIPLINAR PROCESS
hen a complaint of negligence incompetence or professional misconduct ismade against a licensed professional engineer it sets in motion a Fstageprocess of
bull Gathering nformationbull Evaluating the 6omplaint
bull 6onducting a 3ormal gtearing that enders 4udgment
Stipulated Order A simpler form of disciplinary hearing for less serious casesThe decision of guilt or innocence is decided by one representative and the resulthas no appeal process =oth parties agree to the outcome
f a member or licensee should be found guilty the iscipline 6ommittee can
bull suspend or revo7e your licensebull impose restriction on your license
bull require the member to be counseled or reprimanded
bull ma7e you pay cost of investigation or hearing
bull ma7e you rite eams or ta7e courses
bull impose up to a M01111 fine
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CHAPTER 8 Maintainin Professional Competence
Engineers have the privilege of selfregulation a privilege accompanied by acorresponding duty to maintain competence and avoid professionalobsolescence
The process requires engineers ampand engineering corporations to maintaincompetence by
bull enineerin practice or emplo$ment
bull formal education amp+niversity or Association courses
bull informal education ampshort courses or seminarsbull pu1lications
bull participation in enineerin societies
bull 1encmarin ampcomparing your practices against best practices
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CHAPTER 8 Enineerin Societies
The maor purpose of engineering societies is to encourage research into netheories or methods to collect and classify this ne information and todisseminate it to members so that it can be put to good use
The difference beteen an association and a society is that the Associationregulates professional behavior and the $ocieties disseminate engineeringinformation $o you should be a member of both
$ocieties have been established by groups of engineers hose commoninterests are based on
bull discipline
bull product
bull facility
bull evaluation
bull function
bull environment
bull language
bull geographical area
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THE CONCEPTS OF PROFESSIONALISM
PROFESSION
bull A learned calling ith specialized 7noledge
bull Performs services ith advanced 7noledge s7ill and udgment in hich
the public trusts
bull gtas public obligation and performs services in the general public interest
bull s bound by an ethical code in its relationship ith the public clientsemployees and colleagues
bull Accepts responsibility to regulate professional members and professionalservices provided to clients and the public
Engineering is a profession that is selfo4ernin and has the authority todiscipline members ho fail to comply ith proper standards of practice andconduct
The engineering profession is
bull highly organized
bull minimum standards of admissionbull regulate the activities of their members amps7illed practice and ethical conduct
bull promote the advancement of 7noledge
Professionals depend on the confidence ofbull the client or employer
bull the public
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ECEENCE
A shared commitment ith your peers to strive for ecellence
ETHICS
Ethics deals ith voluntary actions ta7en by an individual ith sufficient7noledge of options available
The COE OF ETHICS shapes the practice in to important aysbull provides a commonest of values hich offers a reliable professional
product to the public
bull professional relationship of trust ith the public is fundamental
APE$$A COE OF ETHICS
Professional Engineers shall recognize that professional ethics is founded uponintegrity competence dignity and devotion to service
8 P En sall old paramount7 te ealt7 safet$ and ampelfare of te pu1lic and en4ironment
bull They have an obligation to report conditions hich present an
immediate threat to safety health elfare or the environment
bull t should first be reported to the professionals involved then to
corporate or regulatory authorities
PEn sall undertae onl$ ampor tat te$ are competent to perform 1$teir trainin and eperience
bull Professional members should ensure to the best of their ability thatstatements on engineering matters attributed to them properly reflecttheir professional opinion
Stampin and Sinin ocuments8
bull Professionals shall only stamp and sign documents that they haveprepared or that have been prepared under their direct supervision andcontrol
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bull hen or7 is prepared by others they shall only stamp and sign afterhaving thoroughly revieed the or7 and accepted responsibility for it
bull Engineers ho apply their seals or stamps to reports plans or otherdocuments are stating that they understand and are in agreement ith
these documents
bull The absence of a seal or stamp does not necessarily indicate that aprofessional member has not revieed the document not does itrelieve the member from professional or legal responsibility if it can beshon that he or she as involved ith the or7
B P En sall conduct temsel4es ampit interit$7 onest$7 fairness ando1ecti4it$ in teir professional acti4ities
bull A client-s or employer-s interests should be held in high regard gtoeverthe folloing duties ta7e precedencelt
o duty to protect public safety
o duty to the professions under the 6ode of Ethics
o duty to act fairly to all parties hen administering a contract on
behalf of a client or employer
bull Professionals should 7eep confidential all information that is acquired inthe course of their professional duties and that concerns the businessaffairs of present or past clientsemployees
gt PEn sall compl$ ampit applica1le statutes7 reulations and 1$laamps inteir professional practice
bull Professionals should maintain adequate 7noledge of the la relating totheir area of practice
bull esponsible n4ironmntal mana+mnt comutr softar anddiscrimination are a fe of the subects covered under this ule
PEn sall upold and enance te onor7 dinit$7 and reputation of teir professions7 and te a1ilit$ to ser4e te pu1lic interest
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bull Advertisements proposals and presentations should be factual clearand dignified
bull A professional should be careful to give due credit to others
bull nly revie the or7 of another professional hen they have beeninformed unless there is a confidentiality agreement to the client
bull gtelp ET-s
APE$$A COE OF ETHICS
0 P Eng shall hold paramount the DealtD safet6 and elfare of tDe pulic and enironment
B PEng shall underta7e only or tDat tDe6 are competent to perform bytheir training and eperience
F P Eng shall conduct themselves ith interit6 Donest6 fairness and
oGectiit6 in their professional activities
K PEng shall compl6 itD applicale statutes reulations and 62las intheir professional practice
H PEng shall uphold and enhance the Donor dinit6 and reputation of their professions and the ability to sere tDe pulic interest
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COPRI$HTS
9RiDt to cop6
nly the oner of the or7 is alloed to reproduce the or7 or permit others tocopy it
Plaiarism is copying someone else-s or7 and claiming it as your on
Fair ealin +se or reproduction of or7 for private study research criticismrevie or nes reporting
Cop6riDts appl6 to8bull iterar$ ampors boo7s poems pamphlets computer programs
bull ramatic ampors films videos plays scripts
bull Musical ampors compositions ampords and music
bull Artistic ampors paintings draings maps photos sculptures architects
Also to8bull Performer(s performances actors musicians dancers
bull Communication Sinals broadcasters
bull Sound Recordins
6opyright is restricted to the epression in a fied manner amptet recordingdraing of an ideaL it does not etend to the idea itself
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3acts ideas and nes are all considered public property
6opyright does apply tobull $ong
bull )ovel
bull Playbull (agazine article
bull 6omputer program
bull ideo 6assettes (ovies
6opyright does NOT apply tobull $ong titlebull Plot ideabull Play of gtamletbull 3acts in an articlebull )ame of a computer programbull (a7ing a copy of a musical tape amproyalties have been paid already
bull 6opies for educational institutions ampcan 7eep radio and nes tapes for 0 year
bull )onprofit libraries archives and museumshen you create a or7 you automatically have copyright protection providedthat at the time of creation you ere a 6anadian 6itizen or a resident in a countrythat participates in 6opyright rules
Autorsip The person that creates the or7
Oampnersip f you are the creator of the or7 you on the copyright f you
create a or7 hile employed the copyright belongs to the employer ou canlegally transfer your rights to someone else then they on the copyright
uration 6opyright ampintellectual property lasts for the life of the author N H1years
Moral Rits Even if you sell your copyright you still retain moral rightsltThis means that no one including the person ho ons the copyright candistort mutilate or modify your or7 ampchange the ending use for a commercial etc
(oral rights eist for the same length as the copyrightou cannot sell or transfer your moral rights but you can aive them
RE$ISTRATION OF A COPRI$HT
ou do not have to register a copyright to have protection in 6anada
f you choose to register ith the copyright office you receive a certificate hichcan be used to your advantage if your or7 is infringed t is evidence that it is
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your or7 and you are the oner n a dispute you do not have to proveonership
ou send the application to the 6opyright office and you do not send your or7in ou may need to send a copy to the )ational ibrary of 6anada but the
6opyright office doesn-t revie your or7 at all
There is no requirement to mar7 your or7 under the 6opyright Act ou canmar7 it li7e this
)ame ear copy e 4ane oe 09I copy
ou can use this format even if you have not registered your or7
The 6opyright ffice is not responsible for ensuring that your copyright is notbeing infringedCCthis is your ob ou have to launch legal action yourself and
the courts are left to decide
Assinment As the oner you may decide i4e up part or all of $our rits toanother party The assignment may be for the hole term or for ust a certainpart of the term
icense ou as the oner give someone else permission to use your or7 forcertain purposes and under certain conditions but you still retain onership oudo not i4e up $our rits
Ro$alties (oney paid to the copyright oner as commission for sales of theiror7 or permission to use them
Tariffs $et fees that users must pay for using certain copyright material
Collecti4es an organization that collects royalties on behalf of its members
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TRAEMARampS
A trade2mar is a ord symbol or design to distinguish the products or servicesof an organization or person from others t can also represent a reputation
Ordinar$ Mars ords or symbols that distinguish your product or service ampe Giddy+p
Certification Mars identify ares or services that meet a defined standardThey are oned by one person but licensed to others to identify ares orservices hich meet a defined standard ampe oolmar7 APEGGA seal
istinuisin uise identifies the unique shape of a product or its pac7ageampe eggs Egg
A trade name is the name under hich you conduct your business The tradename can be registered under the Trade(ar7s Act only if it is also used as aTrademar7 ampto identify products or services
RE$ISTERIN$ A TRAE2MARamp
The Reistered Trade2Mar is one that is entered on the Trademar7s registerou are not required to register your trademar7 if you use it for a certain lengthof time you can establish onership by 6ommon a
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bull egistration of your trademar7 gives you the eclusive right to use the mar7across Canada for 8 $ears then you have to rene it
bull t is recommended that you register your Trade(ar7 in case someone elsetries to use it
bull f you fail to use the mar7 for an etended period your registration may becancelled
bull ou can register a trademar7 by filing an application for registration ith theTrademar7s ffice our trade2mar must e used in Canada efore itcan e reistered+
RE$ISTRATION QALIFICATIONS
bull 6annot be primarily your full name or surname ampunless you can prove it is already
identified
bull ou may not register a ord that clearly describes a feature of the product orservice ampseet uicy
bull The ord cannot be clearly misleading ampdeceptively misdescriptive ampe sugarseet if it has no sugar
bull ou may not register a ord that clearly designates the place of origin of theproduct or service or if it misleads the public into thin7ing that the productcomes from there ampParis 3ashions Atlantic 6od but you can use )orth Pole =ananasbecause no one ould epect them to come from there
bull ou can use a disclaimer statement indicating that you are not claimingeclusive rights for certain ords appearing in the trademar7 n this ayyou can use clearly descriptive ords hich are unregisterable on their onampce 6ream in =ob-s ce 6ream
bull )ames of products in other languages cannot be registered ampurstlt is Germanfor sausage
bull 6annot be registered if it consists or a plant variety denomination
bull ou cannot use ords symbols sounds or ideas that are confusingly similar
to a registered trademar7 or a pending mar7 amp2ing og 3ood and 2ing 6at 3oodould be refused
bull ou cannot register a trademar7 that resembles certain official symbolsunless you have the consent of the authority in question
o fficial government symbols
o 3amily coats of arms
o =adges and crests or 6(P
o Emblems and names of ed 6ross or +)
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o 3lags of other countries
o $ymbols of provinces
=efore you try to register your trademar7 do a search and include trade namesas ell
After you have a registered trademar7 to 7eep it you mustLbull Pay the registration fees every 0H years
bull +se the trademar7 in 6anada or it ill be epunged
Assinment to sell or transfer your rights to a trademar7 to another party
Marin ReDuirements The Trade(ar7s Act does )T have anyrequirements but many oners indicate their registration through the folloingmar7s
983214 O registered trademar7
991522 O trademar7$( O service mar7
The Trade(ar7 ffice ill prevent anyone else from registering your trademar7but it is your responsibility to monitor the mar7etplace and ta7e legal action ifsomeone is using your trademar7
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PATENTS
A patent is
bull A document protecting the rights of the inventor
bull A repository of useful technical information for the public
The idea is to promote the sharing of technological information hile giving you amonopoly on your creation
ith a patent the government gives the inventor the right to eclude others fromma7ing or selling your invention
The invention is protected from the day the patent is granted to a maimum of =6ears after the day you filed your application
The Patent ffice then epects you to provide a full description of your inventionso that all 6anadians can benefit from this technology They allo your
application to be open gt montDs from the filing date during the con4ention priorit$ date
Patent applications are made pulic gt montDs after the 6anadian 3iling ate
ou must obtain a valid patent ithin 8 $ear of main te product pu1lic
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A 6anadian patent is only etended throughout 6anada ou must apply forpatent rights in other countries separately
t is important to 7eep your invention secret until your first patent application isfiled in order to preserve your rights to file later in most foreign countries
3or an invention to be patented it must be
bull NO0ET= 3irst in the orld
bull )TIIT= 3unctional and operative
bull INGEN)IT= $ho inventive ingenuity and not be obvious to someones7illed in that area
The folloing items are patentable
bull Product ampdoor loc7
bull A composition ampchemical composition li7e lubricant
bull An apparatus ampmachine to ma7e door loc7s
bull A process ampmethod
bull An improvement on any of these
The idea alone is not patentable t must be reduced to something physical
ou CANNOT patentbull A scientific principle
bull An abstract theorem
bull An idea
bull A method of doing businessbull A computer program
bull A medical treatmentn 6anada patents are given to the first inventor to file an application
f you invent something hile or7ing for an employer on the employer-s timeith the employer-s materials at the epense of the employer the inventionrights still belong to you unless you have been hired by the company to inventpatentable inventions
PATENT APPLICATION
+ $et a Patent Aent
+ Preliminar6 SearcD
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bull ou can do a preliminary search in the online database or visit the Patentffice in person
0+ Preparin tDe Patent Application
bull A patent application must consist ofo a1stract ampbrief description
o specification ampclaims and boundaries of protection
o draampins
3+ File 6our Application4+ Reuest eBamination5+ EBaminer does searcD and approes or oGects+lt+ Respond to an6 oGectionsgt+ Patent ranted or oGected+
CONENTION PRIORIT
(any countries belong to the Paris 6onvention for the Protection of ndustrialProperty
This treaty allos you to invo7e convention prioritylt hich means that your filingdate in one member country ill be recognized by all others provided you file inthose countries ithin the first year
ampe if you file in 6anada in 4anuary B111 you could file up to one year later in most countriesamp4anuary B110 and still receive the same rights as if you filed in B111
PATENT COOPERATION TREAT (PCT)
t provides a standardized international filing procedure for foreign patents hichis shared by our principal trading partners including the +$ 4apan and mostEuropean countriesou may file for a patent in as many as 01I member countries through a singleapplication filed in 6anada
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INSTRIAL ESI$N
An Industrial esin is the features of shape configuration pattern or ornamentapplied to a finished article made by hand tool or machine ampappealing to the eye
There is no time limit for filing an application as long as the design has neverbeen published ampmade public to anyone
ou must file ithin 6ear of going public ith your design or you ill lose youreclusive rights to the design
The advantage of registering your industrial design is that it gives you eclusive
right to your design for up to = 6ears from tDe date of reistration
+nless you register your design you can ma7e no legal claim of onership andhave no legal protection from imitation
nly the proprietor ampcreator of the design may obtain registration unless youhave been hired to develop a design Then the hirer is the proprietor
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Trade Secret industrial 7noho or valuable information acquired by abusiness t could be a
bull formula
bull pattern
bull device
bull compilation of info used to give you an advantage over the competitors
ou cannot registerbull That don-t have visual appeal
bull 3eatures that are hidden from vie or too small to appeal to the eye
bull A method of construction
bull An idea
bull (aterials used in construction
bull 3unction of an article
bull 6olor
ESI$N RE$ISTRATION
The application ill includebull Application forms ampdescription
bull At least one draing or photograph
bull 3ees
The process ill include
bull nitial processing
bull Eamination
bull egistration
ou do not have to mar7 your design in order to indicate that it is registered butmar7ing it gives you etra protection
As proprietor you may ta7e legal action against anyone ho infringes on yourdesign in 6anada but you must ta7e action ithin F years of the incident
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An 9assinment occurs hen you sell all or part of your rights in the designpermanently to another party
ou can 9license another user to allo someone else to use your design but
you still retain onership
To have your design protected in other countries you must apply separately ineach country
ou have 5 montDs to file for 9conention priorit6+ampe you apply to register in 6anada in 4anuary B111 then you have until 4uly B111 to file in other 6onvention countries and receive the same rights as if it ere 4anuary B111
LA FOR PROFESSIONAL EN$INEERS OOamp
CHAPTER 8 Te Canadian eal S$stem
The legal system of 6anada is based on the English common2lalt system andthe English courts of euit6lt system ampudgemade la and is calledCOMMON2LAlt
The 3ederal 6ourt of 6anada has urisdiction over federal matters such aspatents trademar7s and copyrights
Pu1lic aamp deals ith the rights and obligations of government ampcriminal and6onstitutional la
Pri4ate aamp deals ith the rights and obligations of individuals or private organizations ampCONTRACT AN TORT LA
Termsbull itigation lasuit
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bull Plaintiff party bringing the actionbull efendant party defending the actionbull Appellant party appealing the decisionbull espondent party see7ing to uphold a decisionbull Privity of contract legal relationship beteen parties to a contract
bull 6reditor party to hom an amount is oingbull ebtor party that oes an amount to creditor bull $uarantee A guarantees = the debt of 6omp amphen = doesn-t get paid
= goes to 6omp first then to A
bull Indemnification a promise to directly compensate or reimburseanother party for a loss or cost incurred f Aindemnifies = the debt of 6omp amphen = doesn-t get paid =goes directly to A
CHAPTER usiness Oraniations
Sole Proprietorsip an individual carries on business by and for himself andalso enoys the profits and incurs any losses personally
Partnersip an association of persons ho conduct business in common ith avie to profit ndividuals or organizations share profits and losses
Corporation an entity unto itself distinct from its oners ampfictitious personThe corporation itself ons its assets and incurs its on liabilities
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CHAPTER B International Considerations
t is etremely important to obtain advice from an appropriately eperiencedlayer in the foreign country or have the advice of a consultant in that countryt is ise to purchase political ris7 insurance and to use careful udgment together ith a local influential partner
$ome potential ris7s of or7ing internationally are
bull Political Ris is one of the more obvious ris7 factors in or7inginternationally The 6hanges in government can lead to significant policychanges
bull Licensin reuirements and obtaining necessary permits and approvalsin a foreign country under different legal systems can be timeconsuming
bull Financial Riss due to currency echange and controls or restrictions onthe transfer of funds out of the country
bull Contract documents and forms used on proects may be different
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CHAPTER gt Tort ia1ilit$
Tort8 generally refers to a private or civil rong or inury one that involvesnegligence and that may arise independently of contract ampcar driver and victim
amphich includes financial loss hen based on a professional-s opinion
The fundamental purpose of tort la is to compensate ictims of tortsPunishment of negligent rongdoers IS NOT a purpose of tort la
Professional liability insurance should provide protection if an engineer-snegligence results in damage arising in tort
n order to satisfy the courts that compensation should be made the plaintiff in atort action must prove that
bull The defendant oed the plaintiff a duty of care
bull The defendant breached that duty by his conduct
bull The defendant-s conduct caused the inury to the plaintiff
f any 0 of these F aspects is not proven to the satisfaction of the courts theplaintiff ill not in
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A significant factor in a tort action is the establishment of the standard of carerequired of the defendant
The standard is applied based on the premise that engineers have a duty to use
the reasonable care and s7ill of engineers of ordinary competence Thereasonable carelt is measured by applicable professional standards of theengineering profession at the time the services ere performed
Strict ia1ilit$ manufacturers and employers are held strictly liable hen faultis not necessary if compensation is to be provided ampnot yet upheld in 6anadaampe All employees ma7e contributions on behalf of employees and if someone is inuredcompensation is provided ith no finding of faultampe A manufacturer may be strictl6 lialelt if for any damages that result from the use of theirproduct
0icarious ia1ilit$ The employer is responsible for damaged caused by its
employees The employer provides compensation because it is presumed thatthe employer is in a better financial position than the employee
Concurrent Tortfeasors hen more than one party is liable in a tort actionThe defendant-s together are called concurrent tortfeasors
Products ia1ilit$ The plaintiff must be able to establish that damage hasclearly resulted from appropriate use of a product and the defendantmanufacturer must then persuade the court that at the time the manufacturercould not have foreseen the defective nature of the goods manufactured6anada has not yet ta7en a strict liability approach on products as the +$ has
Products liability has developed through principles of both contract la and tortla The tort concept of fault has been applied and implied contractualarranties that the product is effective and the contract of a sale must also eist
n productsliability matters economic losses ampin the absence of physical inurymay in some circumstances be recoverable
Standards of Care and ut$ to 5arn A manufacturer must arn theconsumer of any dangerous potential of the product by appropriate labeling
Oter Tortsbull Tort of defamation8 ampif the statements that damage the reputation are true there is
no liability
o ibel D in riting
o $lander D verbal
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bull Occupiers Liailit68 The occupier of a property must eercise therequired standard of care to ensure the safety of individuals coming ontothat property
bull Tort of Nuisance8 esigned to alleviate undue interference ith the
comfortable and convenient enoyment of the plaintiff-s landampe insecticide spray drifting onto other land
CHAPTER Proof
The burden of proof is on the plaintiff to prove the case against the defendant
Engineers often find themselves ma7ing appearances as eBpert itnesses incourt
The epert is permitted to epress opinions ith respect to his or her area ofepertise and the itness should be cautious and restrict testimony to such
area
ou ill be hired by one side and crosseamined by counsel from the otherparty
Preparation is of the utmost importance in litigation The epert itness shouldclearly understand the issues in the lasuit and be aare of the scope ofquestions that can be reasonably epected
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CHAPTER 28 Contracts
3or a contract to be binding and enforceable the folloing elements must bepresent
bull An offer made and accepted
bull (utual intent to enter into the contract
bull 6onsideration or offer ampan echange of promises each promise representing
something of valueCpayment of money is not essential
bull 6apacity to contract ampcan-t be a minor drun7 or crazyCenforceable by the drun7 if
the other party 7ne they ere intoicatedbull aful purpose 6ontract on-t be enforced if it is unlaful
An offer is a promise made by one person to another
)ot all contracts are in riting
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+ntil it is accepted the offer may be ithdran by the offeror unless it is madeepressly irrevocable by its terms
Irre4oca1le Offers =idders submit offers or tenders that have been madeirrevocable for a specific period of time At any point during that period the offer
may be accepted and a contract ill be formed
Option Contract This contract is another means of 7eeping an offer open for acertain period of timeampe The party purchasing the option may ant do eploration or7 for a period of time beforedeciding to spend a large sum of money on the property
EDuita1le Estoppel A udge can stoplt the strict terms of a contract from beingfolloed if it is proven that the terms had changed outside of the agreementampoften used hen etensions to deadlines are agreed upon and then the person tried to go bac7to the original ritten contract
Pursuant to contract la consideration ampor a seal must be present in order toma7e a change to a contract enforceable D otherise it is ust a promise not laThe courts protect the person in the situation here a promise is ta7en as fullagreement
Statute of Frauds Ensures that certain types of contracts must be in riting tobe enforceable
Rectification This order can be applied for to rectify a contract because of asecretarial or recording mista7e
)nilateral Mistae A mista7e made by only one party to a contract 6ourts illdecide hether a contractor ill be relieved of their mista7e
CHAPTER 8 Tenderin Issues Contract A
a of tendering in 6anada gives the principle that there are B separatecontracts that arise in the tendering process
0 Contract A D the contract of irrevocability ampthat deals ith the tenderingphase
B Contract D the construction contract ampapplies to the construction phase
The number of number of tenders submitted is the number of 6ontract A-s thatare formed
The original tender pac7age contents cannot be changed ithout notifyingeveryone or you are in =reach of 6ontract A
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CHAPTER 82 Contract Interpretation
Parties to a contract sometimes dispute the meaning of part of the contract Todifferent approaches can be ta7en hen interpreting contracts
bull i1eral Approac ta7es into account the intent of the parties and maylead to speculation on that intent
bull Strict Approac focuses on the precise ords in the agreement andmay rely on dictionary meanings
Contra Preferentem hen a contract is ambiguous or unclear it ill beinterpreted against the person that rote it up
Parol E4idence Rule hen verbal agreements outside of the ritten contractare included as rule in a contract n most cases if a condition is agreed uponverbally but is not included in the contract then the condition is not part of thecontract
Implied Terms hen the inclusion of obvious terms of a contract have beenoverloo7ed here it is reasonable implied terms may eist in a contract
CHAPTER 83 iscare of Contracts
There are several ays to discharge a contract
bull Performance hen all parties have completed their respectiveobligations the contract is at an end
bull Areement to iscare Parties in a contract are alays free to amend
the contract or agree to cancel or terminate the contract upon mutuallyagreed terms
bull iscare Pursuant to Epress Terms t is advised to include in acontract terms here all parties may terminate the contract if certainoutside events ere to occur ampe ban7ruptcy
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bull iscare 1$ Frustration hen changing unforeseeablecircumstances occur that may radically change the obligations of theparties
o Force Maeure Provides that the time for completion ill beetended in the event of ar riot flood labor dispute or other
events that are beyond the control of both parties
bull iscare 1$ reac of Contract ne party fail to perform obligations
o iscare 1$ Repudiation hen the party to a contract
epressly tells the other party that they have no intention ofperforming contractual obligations
CHAPTER 86 reac of Contract
f a party to a contract fails to perform obligations specified in the contract thenthat party has breached the contract
The innocent party is entitled to certain remedies depending on the nature of thebreach and the terms of the contract
Condition an obligation that is essential or vital to the contract5arrant$ an obligation that is NOT essential or vital to the contract
A =reach of 6ontract is a cause for discharge only if its effect is to render itpurposeless for the innocent party to proceed further ith performance
Repudiation hen the party to a contract epressly tells the other party thatthey have no intention of performing contractual obligations
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REMIIES
A nondefaulting party is entitled to damages for losses incurred as a result of abreach of contract
irect amaes Actual calculated difference in the cost of having to chooseone service over the other ampthe loest bid is chosen and then they refuse to do the or7so the second loest bid is chosen and the party sues for the monetary difference beteen theloest and second loest bid
Indirect amaes Are consequential to the breach and might include damagesfor lost profits or damages incurred if the contract is not fulfilled
iDuidated amaes Are preestimated damages if certain events ere tooccur that are ritten into the contract under a Penalty 6lause
ltuantum Meruit hen services have been requested and performed but nooutside agreement as reached beteen the parties as to hat payment ouldbe provided in return for the services then the courts can aard the person ithas much as is reasonably deservedlt for time spent and materials supplied
Su1stantial Compliance hen a contractor has substantially complied iththe terms of a contract yet failed to comply ith some minor aspect of thecontract The contractor ill be paid the contract price minus the cost ofdamages caused by the minor problems
Specific Performance hen the courts require a party to perform a contractual
obligation li7e the sale of land or a personal item
Inunction A court order that prohibits or restrains a party from performing anactCHAPTER 9 Fundamental reac
Applies to a contract that contains an eemption clause amphere parties limit theirliability if a breach of contract results and ma7es the eemption ineffective
CHAPTER 8 Areement etampeen Client and Enineer
A contract beteen a client and an engineer must include all of the essentialcontract elements
The document ill not specify the degree of care that is required of the engineerin carrying out the services =ut the engineer is liable for incompetence
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carelessness or negligence that results in damages to the client and for notperforming ith an ordinary and reasonable degree of care and s7ill
CHAPTER Concurrent ia1ilit$ in Tort and Contract
+nless otherise stated in a contract the standard of care epected of anengineer doing a ob is the same standard of care by hich an engineer-sperformance is measured in tort
3or a breach of contract there is a limitation period of I years from date of thebreach in hich to press charges instead of hen it is discovered
n tort the limitation period in hich to press charges starts hen the damagesare first detected
CHAPTER 3 Ar1itration and AR
A lasuit is not alays the best ay to resolve a dispute beteen contractingparties especially technical disputes
Ar1itration or Alternati4e ispute Resolution +AR- t is less costly and lesspublic than litigation
An engineer that is an arbitrator is epected to act impartially and independentlyof the parties to the dispute
The Arbitration Act deals ith the appointment of an arbitrator and sets out astructure or set of rules to govern the conduct of an arbitration unless the partiesagree that some other structure or rules ill apply
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The Act also gives arbitrators the urisdiction to aard preudgment and post udgment interests ust li7e the courts have under the 6ourts of 4ustice Act
Partnerin intended to respond to the need for improved attitudes amongstindustry participants to the importance of teamor7 on proects
This cooperative attitude should assist in resolving proect disputes at an earlystage
) TGAT) and A=TAT) result in a 4+G(E)T TgtAT $=))G
Proect Neutral (proGect manaement oerie) The companies appoint a
proect neutral usually an independent professional eperienced in the industryto be aare of developments on the proect ith a vie to offering unbiasedadvice and decisions
Mediation esolving disputes through the negotiating process involving amediator ho is to provide guidance and to facilitate the settlement process agobeteenlt in communicating proposed settlements
There is no udgmentL the parties need to or7 out their differences
CHAPTER BB Industrial Propert$
Industrial Propert$ Rits ights that generally relate to patents trademar7scopyrights and industrial design
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There ere also some equipment failures that attributed to not being ale tocirculate the 7ic7 out quic7 enough
essons earned
bull Amoco did not apply the necessary degree of caution hile carrying outoperationsbull )eeded to be fully prepared in the event of a fluid influ
4+ THE RE21 MININ$ FRA
The samples had been saltedlt D adding minerals li7e gold here none eist
essons earned
bull The chief geologist had a responsibility to sho due diligence in safeguardingthe core samples and ensuring that the gold assay as properly done Thatthe gold content based on the samples as accurately calculated and thatthe doublechec7s ere made to confirm the results
bull This emphasizes the critical dependence of the mining and resourceindustries on professionals ith high ethical standards
5+ THE CHALLEN$ER SPACE SHTTLE E1PLOSION
n 4anuary B9 09I the accident as caused by hot gases bloing past one ofthe seals in the roc7et boosters The seal had been unable to do its ob properlybecause of the unusually lo temperature in 3lorida on the day of the launch
The manufacturer of the boosters had this information but had decided to goahead ith the launch anyay
essons earned
bull n an enormously large organization it is easy for decision ma7ing to fall
through the crac7s
bull t is very easy for engineers to fall into the comforting belief that they arefolloing a conservative course hen in fact they are deviating intodangerous territory
bull isasters are easy to create D safety comes hard
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lt+ THE C2= PASSEN$ER AIRCRAT ISASTER
n 0JB a cargo door latch failed and the door ble out of a 601 over indsor) and the eplosive decompression of the cargo compartment caused part of
the cabin floor to collapse
This opened a large hole in the bottom of the fuselage and severed most of thehydraulic lines hich caused the loss of control of the rudder and aileronsEveryone landed safely that day
n 0JK another 601 over Paris lost its cargo door The decompression ofthe cargo compartment again caused the cabin floor to collapseL control of theailerons and rudder ere lost and the plane crashed 7illing FKI people
essons earned
bull The 3AA failed in its role of safety atchdog t certified the cargo doordesign in spite of the failure during the ground test Then after the neardisaster over indsor they merely advised the airlines to follo themanufacturer-s service bulletin rather than issuing a directive that ould haverequired all 601-s to be retrofitted
gt+ TO1IC POLLTION8 LOE CANAL MINAMATA HOPAL SR
mproper disposal of toic or environmentally harmful aste
Loe Canal Ne or 7 ioBin
bull n 0HF gtoo7er 6hemical 6orporation dumped over 09111 tons of chemicalaste including dioins until the canal as flat land again
bull Then they donated the land to the =oard of Education but said nothing aboutthe chemicals buried there
bull Eventually the chemicals ere discovered in 0JI and the area asevacuated and treated
bull Total cost of the cleanup as MBH1 million and gtoo7er asn-t liable for any ofit because of their contract hen they donated the land
Minamata a6 apan 7 Mercur6 Poisoninbull n 0FB the 6hisso 6ompany a nitrogen fertilizer company began producing
acetaldehyde (ercury as needed as a catalystbull uring the production process a portion of the mercury as lost D ashed
into the =ay ith the aste aterbull The organic mercury as absorbed by the shell fish and eventually eaten by
people
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bull =y 0IB it as estimated that about B11 people had contracted (inimatadisease
Dopal India 7 MetD6l Isoc6anate
bull n 09K a poisonous cloud of methyl isocyanate gas escaped from the +nion
6arbide plant 7illing thousands of people up to I 7m aaybull The incident happened hen a or7er as cleaning a pipe ith ater and the
ater mied ith the chemicals and over pressured the tan7s causing them torelease the gas
Sudur6 Ontario 7 SulpDur ioBide
bull )ic7el that is mined in ntario is in the form of sulphied ore and cannot be
directly converted into metallic form t must first be smelted D burned toremove the sulphur hich is done in huge open roastslt hich emitted huge
toic clouds of sulphur dioidebull $ulphur ioide hen dissolved in ater became acid rain
bull This devastated the area around the plantL trees are stunted and sparsela7es have no fish no bird life
bull $ince then about F111 hectares have been reclaimed
essons earned
bull Each of these incidents involves ignorance carelessness or incompetenceand most involve an arrogant lac7 of ethical action
bull6onsequences of negligence can be terrifying
+ NCLEAR SAFET
TDree Mile Island
(arch B9 0J a routine maintenance operation a pressure valve stuc7 openalloing radioactive ater to escape from the system for more than B hoursleaving the reactor core partially uncooled
(ore than 0F of the reactor core had melted and fallen to the bottom of thereactor vessel Than7 goodness the molten mass did not burn through thebottom of the reactor to penetrate the ground ater table ampin a cynical version ofthis story the molten mass continues to burn through the interior of the earth untilit emerges in 6hina ampThe 6hina $yndrome
t as not a disaster for the public but the unit as destroyed and the cleanupcost nearly M0 billion
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CDerno6l
April BI 09I reactor number K eploded releasing a huge cloud of radioactive
plutonium cesium and uranium dioide into the atmosphere
Accident occurred during a lopoer test =ecause of the design during loerpoer the ater in the core decreases
To date the number of related deaths is beteen J11101111 They aiteddays even ee7s to admit that it had eploded and they too7 even longer toevacuate the peopleessons earned
bull The possibility of disaster might be very small but it is not zero
bull $uch responsibility should never be treated casually
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CHAPTER 8 Product Safet$7 ltualit$ and ia1ilit$
NE$LI$ENCE AN LIAILIT
Engineers are liable for negligent incompetent or careless acts that result indamages to others including the employer
Engineers are required to use reasonable care established practices and elltested engineering principles
Nelience an act or omission that constitutes a failure to maintain thestandards that a reasonable and prudent practitioner ould maintain in thecircumstances
ITH A CONTRACT8
bull )egligence incompetence or carelessness may be a basis for a lasuit overbreach of contractlt
bull t is good practice to consider all reasonable ays in hich an agreementmay go rong foresee damages and include clauses that specify bonusesfor good results or limits to liability
ITHOT A CONTRACT8 (driin)
bull (ay result in legal liability based on tort la ampinuries or damages
bull To in a claim under tort la the plaintiff must prove
o that the defendant had a duty of care to the plaintiff
o that the defendant breached that dutyo that the loss or damage as a direct result of the defendant-s breach of
duty
iability insurance is a ise investment t is essential for manufacturers thatemploy engineers because of
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0icarious ia1ilit$ the engineer-s employer is liable for any loss or damagethat results from a tort caused by an employee The engineer is protectedfinancially but not from disciplinary action by the Association
PROCT ARRANTIES
5ARRANT= applies to goods and products
bull Epress 5arranties promises that the product has a certain quality or itill perform for a certain period of time
bull Implied 5arranties unstated promises that eist as a matter of common
sense A certain amount of quality or function that is epectedltSTRICT LIAILIT
Product defects and consumer safety the focus is on the product itself and noquestions of negligence arise
A manufacturer may be strictly liable for any damage that results from the use ofhis product even though the manufacturer as not negligent in producing it
G)ARANTEE applies to services and agreements
AICE TO ESI$N EN$INEERS TO AOI PROCT LIAILITIES
bull Formal esin Re4ieamps conceptual feasibility and finalbull Codes and Standards adhere to all government industry and company
standards and codesbull Stateofteart esin Metods ma7e choices that lean toard safety
bull Formal Haard Anal$sis identify hazards try to prevent or eliminate actionplan remedial action
bull Formal Failure Anal$sis 3ailure (odes and Effects Analysis amp3(EA and3ault Tree Analysis amp3TA
bull esin Records 2eep good design records to shoe planning for safety
AICE TO MANFACTRERS
bull ltualit$ Assurance and Testin $ 111
bull Instruction7 5arnin and aner Sins f dangers do eist plan forproper signs to give arnings of danger
bull Instruction Manuals Any product that is dangerous should come ith aservice or instruction manual
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bull 5arranties7 isclaimers and oter Pu1lised Material evie allinformation ith the design engineer and by a products liability layer
bull Consumer Complaints nvestigate claims quic7ly to fi problems early
bull Customer Records gtave good records in case of a recall
OTAININ$ CANAIAN STANARS
6hec7 ith the $tandards 6ouncil of 6anada amp$66 They promote efficient andeffective standardization in 6anada
The $66 manages the )ational $tandards $ystem amp)$$ The )$$ ritestandards certify products test products and register quality systems ofcompanies amp$ 111
The $66 coordinates the 6anadian contribution to $ ampnternational
rganization for standards and E6 ampnternational Electrotechnical 6ommission
ISO === 7 QALIT MANA$EMENT AN QALIT ASSRANCESTANARS
t is a standard for effective management of a manufacturing corporation in orderto maimize the quality of the manufactured products
A 7ey part of the process involves the development of a ualit 3anual thatdocuments the four 7ey aspects of the certification process
bull quality policies for every aspect of the corporation-s operationsbull quality assurance procedures
bull quality process procedures
bull quality proof
ISO 3=== 7 ENIRONMENTAL MANA$EMENT SSTEMS
The process requires the company to eamine every function of its operationsith the goal of identifying activities ith a significant environmental impact andcommitting the company to preventing pollution in all of its many forms
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CHAPTER 8gt isciplinar$ Poampers and Procedures
EFINITION OF PROFESSIONAL MISCONCT
Each Association has the poer to prosecute people ho unlafully practiceprofessional engineering and to discipline licensed engineers ho are guilty ofprofessional misconduct or incompetence
The provincial Acts typically identify I causes for disciplinary action
bull Professional Misconduct Any conduct detrimental to the best interestsof the public or that harms or tends to harm the standing of the profession
generally as unprofessional conduct ampor an act that ould reasonably beregarded as unprofessional
bull Incompetence a lac7 of 7noledge s7ill udgment or disregard for theelfare of the public that demonstrates the member is unfit to carry out theresponsibilities of a professional engineer
bull Nelience carelessness or carrying out or7 that is belo the acceptedstandard of care or performance
bull reac of te Code of Etics
bull P$sical or Mental Incapacit$ this is included as a definition ofincompetence
bull Con4iction of an Offense isciplinary action against a member ho isguilty of an offense that is relevant to the member-s suitability to practice
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ISCIPLINAR PROCESS
hen a complaint of negligence incompetence or professional misconduct ismade against a licensed professional engineer it sets in motion a Fstageprocess of
bull Gathering nformationbull Evaluating the 6omplaint
bull 6onducting a 3ormal gtearing that enders 4udgment
Stipulated Order A simpler form of disciplinary hearing for less serious casesThe decision of guilt or innocence is decided by one representative and the resulthas no appeal process =oth parties agree to the outcome
f a member or licensee should be found guilty the iscipline 6ommittee can
bull suspend or revo7e your licensebull impose restriction on your license
bull require the member to be counseled or reprimanded
bull ma7e you pay cost of investigation or hearing
bull ma7e you rite eams or ta7e courses
bull impose up to a M01111 fine
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CHAPTER 8 Maintainin Professional Competence
Engineers have the privilege of selfregulation a privilege accompanied by acorresponding duty to maintain competence and avoid professionalobsolescence
The process requires engineers ampand engineering corporations to maintaincompetence by
bull enineerin practice or emplo$ment
bull formal education amp+niversity or Association courses
bull informal education ampshort courses or seminarsbull pu1lications
bull participation in enineerin societies
bull 1encmarin ampcomparing your practices against best practices
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CHAPTER 8 Enineerin Societies
The maor purpose of engineering societies is to encourage research into netheories or methods to collect and classify this ne information and todisseminate it to members so that it can be put to good use
The difference beteen an association and a society is that the Associationregulates professional behavior and the $ocieties disseminate engineeringinformation $o you should be a member of both
$ocieties have been established by groups of engineers hose commoninterests are based on
bull discipline
bull product
bull facility
bull evaluation
bull function
bull environment
bull language
bull geographical area
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THE CONCEPTS OF PROFESSIONALISM
PROFESSION
bull A learned calling ith specialized 7noledge
bull Performs services ith advanced 7noledge s7ill and udgment in hich
the public trusts
bull gtas public obligation and performs services in the general public interest
bull s bound by an ethical code in its relationship ith the public clientsemployees and colleagues
bull Accepts responsibility to regulate professional members and professionalservices provided to clients and the public
Engineering is a profession that is selfo4ernin and has the authority todiscipline members ho fail to comply ith proper standards of practice andconduct
The engineering profession is
bull highly organized
bull minimum standards of admissionbull regulate the activities of their members amps7illed practice and ethical conduct
bull promote the advancement of 7noledge
Professionals depend on the confidence ofbull the client or employer
bull the public
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ECEENCE
A shared commitment ith your peers to strive for ecellence
ETHICS
Ethics deals ith voluntary actions ta7en by an individual ith sufficient7noledge of options available
The COE OF ETHICS shapes the practice in to important aysbull provides a commonest of values hich offers a reliable professional
product to the public
bull professional relationship of trust ith the public is fundamental
APE$$A COE OF ETHICS
Professional Engineers shall recognize that professional ethics is founded uponintegrity competence dignity and devotion to service
8 P En sall old paramount7 te ealt7 safet$ and ampelfare of te pu1lic and en4ironment
bull They have an obligation to report conditions hich present an
immediate threat to safety health elfare or the environment
bull t should first be reported to the professionals involved then to
corporate or regulatory authorities
PEn sall undertae onl$ ampor tat te$ are competent to perform 1$teir trainin and eperience
bull Professional members should ensure to the best of their ability thatstatements on engineering matters attributed to them properly reflecttheir professional opinion
Stampin and Sinin ocuments8
bull Professionals shall only stamp and sign documents that they haveprepared or that have been prepared under their direct supervision andcontrol
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bull hen or7 is prepared by others they shall only stamp and sign afterhaving thoroughly revieed the or7 and accepted responsibility for it
bull Engineers ho apply their seals or stamps to reports plans or otherdocuments are stating that they understand and are in agreement ith
these documents
bull The absence of a seal or stamp does not necessarily indicate that aprofessional member has not revieed the document not does itrelieve the member from professional or legal responsibility if it can beshon that he or she as involved ith the or7
B P En sall conduct temsel4es ampit interit$7 onest$7 fairness ando1ecti4it$ in teir professional acti4ities
bull A client-s or employer-s interests should be held in high regard gtoeverthe folloing duties ta7e precedencelt
o duty to protect public safety
o duty to the professions under the 6ode of Ethics
o duty to act fairly to all parties hen administering a contract on
behalf of a client or employer
bull Professionals should 7eep confidential all information that is acquired inthe course of their professional duties and that concerns the businessaffairs of present or past clientsemployees
gt PEn sall compl$ ampit applica1le statutes7 reulations and 1$laamps inteir professional practice
bull Professionals should maintain adequate 7noledge of the la relating totheir area of practice
bull esponsible n4ironmntal mana+mnt comutr softar anddiscrimination are a fe of the subects covered under this ule
PEn sall upold and enance te onor7 dinit$7 and reputation of teir professions7 and te a1ilit$ to ser4e te pu1lic interest
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bull Advertisements proposals and presentations should be factual clearand dignified
bull A professional should be careful to give due credit to others
bull nly revie the or7 of another professional hen they have beeninformed unless there is a confidentiality agreement to the client
bull gtelp ET-s
APE$$A COE OF ETHICS
0 P Eng shall hold paramount the DealtD safet6 and elfare of tDe pulic and enironment
B PEng shall underta7e only or tDat tDe6 are competent to perform bytheir training and eperience
F P Eng shall conduct themselves ith interit6 Donest6 fairness and
oGectiit6 in their professional activities
K PEng shall compl6 itD applicale statutes reulations and 62las intheir professional practice
H PEng shall uphold and enhance the Donor dinit6 and reputation of their professions and the ability to sere tDe pulic interest
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COPRI$HTS
9RiDt to cop6
nly the oner of the or7 is alloed to reproduce the or7 or permit others tocopy it
Plaiarism is copying someone else-s or7 and claiming it as your on
Fair ealin +se or reproduction of or7 for private study research criticismrevie or nes reporting
Cop6riDts appl6 to8bull iterar$ ampors boo7s poems pamphlets computer programs
bull ramatic ampors films videos plays scripts
bull Musical ampors compositions ampords and music
bull Artistic ampors paintings draings maps photos sculptures architects
Also to8bull Performer(s performances actors musicians dancers
bull Communication Sinals broadcasters
bull Sound Recordins
6opyright is restricted to the epression in a fied manner amptet recordingdraing of an ideaL it does not etend to the idea itself
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3acts ideas and nes are all considered public property
6opyright does apply tobull $ong
bull )ovel
bull Playbull (agazine article
bull 6omputer program
bull ideo 6assettes (ovies
6opyright does NOT apply tobull $ong titlebull Plot ideabull Play of gtamletbull 3acts in an articlebull )ame of a computer programbull (a7ing a copy of a musical tape amproyalties have been paid already
bull 6opies for educational institutions ampcan 7eep radio and nes tapes for 0 year
bull )onprofit libraries archives and museumshen you create a or7 you automatically have copyright protection providedthat at the time of creation you ere a 6anadian 6itizen or a resident in a countrythat participates in 6opyright rules
Autorsip The person that creates the or7
Oampnersip f you are the creator of the or7 you on the copyright f you
create a or7 hile employed the copyright belongs to the employer ou canlegally transfer your rights to someone else then they on the copyright
uration 6opyright ampintellectual property lasts for the life of the author N H1years
Moral Rits Even if you sell your copyright you still retain moral rightsltThis means that no one including the person ho ons the copyright candistort mutilate or modify your or7 ampchange the ending use for a commercial etc
(oral rights eist for the same length as the copyrightou cannot sell or transfer your moral rights but you can aive them
RE$ISTRATION OF A COPRI$HT
ou do not have to register a copyright to have protection in 6anada
f you choose to register ith the copyright office you receive a certificate hichcan be used to your advantage if your or7 is infringed t is evidence that it is
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your or7 and you are the oner n a dispute you do not have to proveonership
ou send the application to the 6opyright office and you do not send your or7in ou may need to send a copy to the )ational ibrary of 6anada but the
6opyright office doesn-t revie your or7 at all
There is no requirement to mar7 your or7 under the 6opyright Act ou canmar7 it li7e this
)ame ear copy e 4ane oe 09I copy
ou can use this format even if you have not registered your or7
The 6opyright ffice is not responsible for ensuring that your copyright is notbeing infringedCCthis is your ob ou have to launch legal action yourself and
the courts are left to decide
Assinment As the oner you may decide i4e up part or all of $our rits toanother party The assignment may be for the hole term or for ust a certainpart of the term
icense ou as the oner give someone else permission to use your or7 forcertain purposes and under certain conditions but you still retain onership oudo not i4e up $our rits
Ro$alties (oney paid to the copyright oner as commission for sales of theiror7 or permission to use them
Tariffs $et fees that users must pay for using certain copyright material
Collecti4es an organization that collects royalties on behalf of its members
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TRAEMARampS
A trade2mar is a ord symbol or design to distinguish the products or servicesof an organization or person from others t can also represent a reputation
Ordinar$ Mars ords or symbols that distinguish your product or service ampe Giddy+p
Certification Mars identify ares or services that meet a defined standardThey are oned by one person but licensed to others to identify ares orservices hich meet a defined standard ampe oolmar7 APEGGA seal
istinuisin uise identifies the unique shape of a product or its pac7ageampe eggs Egg
A trade name is the name under hich you conduct your business The tradename can be registered under the Trade(ar7s Act only if it is also used as aTrademar7 ampto identify products or services
RE$ISTERIN$ A TRAE2MARamp
The Reistered Trade2Mar is one that is entered on the Trademar7s registerou are not required to register your trademar7 if you use it for a certain lengthof time you can establish onership by 6ommon a
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bull egistration of your trademar7 gives you the eclusive right to use the mar7across Canada for 8 $ears then you have to rene it
bull t is recommended that you register your Trade(ar7 in case someone elsetries to use it
bull f you fail to use the mar7 for an etended period your registration may becancelled
bull ou can register a trademar7 by filing an application for registration ith theTrademar7s ffice our trade2mar must e used in Canada efore itcan e reistered+
RE$ISTRATION QALIFICATIONS
bull 6annot be primarily your full name or surname ampunless you can prove it is already
identified
bull ou may not register a ord that clearly describes a feature of the product orservice ampseet uicy
bull The ord cannot be clearly misleading ampdeceptively misdescriptive ampe sugarseet if it has no sugar
bull ou may not register a ord that clearly designates the place of origin of theproduct or service or if it misleads the public into thin7ing that the productcomes from there ampParis 3ashions Atlantic 6od but you can use )orth Pole =ananasbecause no one ould epect them to come from there
bull ou can use a disclaimer statement indicating that you are not claimingeclusive rights for certain ords appearing in the trademar7 n this ayyou can use clearly descriptive ords hich are unregisterable on their onampce 6ream in =ob-s ce 6ream
bull )ames of products in other languages cannot be registered ampurstlt is Germanfor sausage
bull 6annot be registered if it consists or a plant variety denomination
bull ou cannot use ords symbols sounds or ideas that are confusingly similar
to a registered trademar7 or a pending mar7 amp2ing og 3ood and 2ing 6at 3oodould be refused
bull ou cannot register a trademar7 that resembles certain official symbolsunless you have the consent of the authority in question
o fficial government symbols
o 3amily coats of arms
o =adges and crests or 6(P
o Emblems and names of ed 6ross or +)
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o 3lags of other countries
o $ymbols of provinces
=efore you try to register your trademar7 do a search and include trade namesas ell
After you have a registered trademar7 to 7eep it you mustLbull Pay the registration fees every 0H years
bull +se the trademar7 in 6anada or it ill be epunged
Assinment to sell or transfer your rights to a trademar7 to another party
Marin ReDuirements The Trade(ar7s Act does )T have anyrequirements but many oners indicate their registration through the folloingmar7s
983214 O registered trademar7
991522 O trademar7$( O service mar7
The Trade(ar7 ffice ill prevent anyone else from registering your trademar7but it is your responsibility to monitor the mar7etplace and ta7e legal action ifsomeone is using your trademar7
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PATENTS
A patent is
bull A document protecting the rights of the inventor
bull A repository of useful technical information for the public
The idea is to promote the sharing of technological information hile giving you amonopoly on your creation
ith a patent the government gives the inventor the right to eclude others fromma7ing or selling your invention
The invention is protected from the day the patent is granted to a maimum of =6ears after the day you filed your application
The Patent ffice then epects you to provide a full description of your inventionso that all 6anadians can benefit from this technology They allo your
application to be open gt montDs from the filing date during the con4ention priorit$ date
Patent applications are made pulic gt montDs after the 6anadian 3iling ate
ou must obtain a valid patent ithin 8 $ear of main te product pu1lic
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A 6anadian patent is only etended throughout 6anada ou must apply forpatent rights in other countries separately
t is important to 7eep your invention secret until your first patent application isfiled in order to preserve your rights to file later in most foreign countries
3or an invention to be patented it must be
bull NO0ET= 3irst in the orld
bull )TIIT= 3unctional and operative
bull INGEN)IT= $ho inventive ingenuity and not be obvious to someones7illed in that area
The folloing items are patentable
bull Product ampdoor loc7
bull A composition ampchemical composition li7e lubricant
bull An apparatus ampmachine to ma7e door loc7s
bull A process ampmethod
bull An improvement on any of these
The idea alone is not patentable t must be reduced to something physical
ou CANNOT patentbull A scientific principle
bull An abstract theorem
bull An idea
bull A method of doing businessbull A computer program
bull A medical treatmentn 6anada patents are given to the first inventor to file an application
f you invent something hile or7ing for an employer on the employer-s timeith the employer-s materials at the epense of the employer the inventionrights still belong to you unless you have been hired by the company to inventpatentable inventions
PATENT APPLICATION
+ $et a Patent Aent
+ Preliminar6 SearcD
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bull ou can do a preliminary search in the online database or visit the Patentffice in person
0+ Preparin tDe Patent Application
bull A patent application must consist ofo a1stract ampbrief description
o specification ampclaims and boundaries of protection
o draampins
3+ File 6our Application4+ Reuest eBamination5+ EBaminer does searcD and approes or oGects+lt+ Respond to an6 oGectionsgt+ Patent ranted or oGected+
CONENTION PRIORIT
(any countries belong to the Paris 6onvention for the Protection of ndustrialProperty
This treaty allos you to invo7e convention prioritylt hich means that your filingdate in one member country ill be recognized by all others provided you file inthose countries ithin the first year
ampe if you file in 6anada in 4anuary B111 you could file up to one year later in most countriesamp4anuary B110 and still receive the same rights as if you filed in B111
PATENT COOPERATION TREAT (PCT)
t provides a standardized international filing procedure for foreign patents hichis shared by our principal trading partners including the +$ 4apan and mostEuropean countriesou may file for a patent in as many as 01I member countries through a singleapplication filed in 6anada
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INSTRIAL ESI$N
An Industrial esin is the features of shape configuration pattern or ornamentapplied to a finished article made by hand tool or machine ampappealing to the eye
There is no time limit for filing an application as long as the design has neverbeen published ampmade public to anyone
ou must file ithin 6ear of going public ith your design or you ill lose youreclusive rights to the design
The advantage of registering your industrial design is that it gives you eclusive
right to your design for up to = 6ears from tDe date of reistration
+nless you register your design you can ma7e no legal claim of onership andhave no legal protection from imitation
nly the proprietor ampcreator of the design may obtain registration unless youhave been hired to develop a design Then the hirer is the proprietor
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Trade Secret industrial 7noho or valuable information acquired by abusiness t could be a
bull formula
bull pattern
bull device
bull compilation of info used to give you an advantage over the competitors
ou cannot registerbull That don-t have visual appeal
bull 3eatures that are hidden from vie or too small to appeal to the eye
bull A method of construction
bull An idea
bull (aterials used in construction
bull 3unction of an article
bull 6olor
ESI$N RE$ISTRATION
The application ill includebull Application forms ampdescription
bull At least one draing or photograph
bull 3ees
The process ill include
bull nitial processing
bull Eamination
bull egistration
ou do not have to mar7 your design in order to indicate that it is registered butmar7ing it gives you etra protection
As proprietor you may ta7e legal action against anyone ho infringes on yourdesign in 6anada but you must ta7e action ithin F years of the incident
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An 9assinment occurs hen you sell all or part of your rights in the designpermanently to another party
ou can 9license another user to allo someone else to use your design but
you still retain onership
To have your design protected in other countries you must apply separately ineach country
ou have 5 montDs to file for 9conention priorit6+ampe you apply to register in 6anada in 4anuary B111 then you have until 4uly B111 to file in other 6onvention countries and receive the same rights as if it ere 4anuary B111
LA FOR PROFESSIONAL EN$INEERS OOamp
CHAPTER 8 Te Canadian eal S$stem
The legal system of 6anada is based on the English common2lalt system andthe English courts of euit6lt system ampudgemade la and is calledCOMMON2LAlt
The 3ederal 6ourt of 6anada has urisdiction over federal matters such aspatents trademar7s and copyrights
Pu1lic aamp deals ith the rights and obligations of government ampcriminal and6onstitutional la
Pri4ate aamp deals ith the rights and obligations of individuals or private organizations ampCONTRACT AN TORT LA
Termsbull itigation lasuit
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bull Plaintiff party bringing the actionbull efendant party defending the actionbull Appellant party appealing the decisionbull espondent party see7ing to uphold a decisionbull Privity of contract legal relationship beteen parties to a contract
bull 6reditor party to hom an amount is oingbull ebtor party that oes an amount to creditor bull $uarantee A guarantees = the debt of 6omp amphen = doesn-t get paid
= goes to 6omp first then to A
bull Indemnification a promise to directly compensate or reimburseanother party for a loss or cost incurred f Aindemnifies = the debt of 6omp amphen = doesn-t get paid =goes directly to A
CHAPTER usiness Oraniations
Sole Proprietorsip an individual carries on business by and for himself andalso enoys the profits and incurs any losses personally
Partnersip an association of persons ho conduct business in common ith avie to profit ndividuals or organizations share profits and losses
Corporation an entity unto itself distinct from its oners ampfictitious personThe corporation itself ons its assets and incurs its on liabilities
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CHAPTER B International Considerations
t is etremely important to obtain advice from an appropriately eperiencedlayer in the foreign country or have the advice of a consultant in that countryt is ise to purchase political ris7 insurance and to use careful udgment together ith a local influential partner
$ome potential ris7s of or7ing internationally are
bull Political Ris is one of the more obvious ris7 factors in or7inginternationally The 6hanges in government can lead to significant policychanges
bull Licensin reuirements and obtaining necessary permits and approvalsin a foreign country under different legal systems can be timeconsuming
bull Financial Riss due to currency echange and controls or restrictions onthe transfer of funds out of the country
bull Contract documents and forms used on proects may be different
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CHAPTER gt Tort ia1ilit$
Tort8 generally refers to a private or civil rong or inury one that involvesnegligence and that may arise independently of contract ampcar driver and victim
amphich includes financial loss hen based on a professional-s opinion
The fundamental purpose of tort la is to compensate ictims of tortsPunishment of negligent rongdoers IS NOT a purpose of tort la
Professional liability insurance should provide protection if an engineer-snegligence results in damage arising in tort
n order to satisfy the courts that compensation should be made the plaintiff in atort action must prove that
bull The defendant oed the plaintiff a duty of care
bull The defendant breached that duty by his conduct
bull The defendant-s conduct caused the inury to the plaintiff
f any 0 of these F aspects is not proven to the satisfaction of the courts theplaintiff ill not in
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A significant factor in a tort action is the establishment of the standard of carerequired of the defendant
The standard is applied based on the premise that engineers have a duty to use
the reasonable care and s7ill of engineers of ordinary competence Thereasonable carelt is measured by applicable professional standards of theengineering profession at the time the services ere performed
Strict ia1ilit$ manufacturers and employers are held strictly liable hen faultis not necessary if compensation is to be provided ampnot yet upheld in 6anadaampe All employees ma7e contributions on behalf of employees and if someone is inuredcompensation is provided ith no finding of faultampe A manufacturer may be strictl6 lialelt if for any damages that result from the use of theirproduct
0icarious ia1ilit$ The employer is responsible for damaged caused by its
employees The employer provides compensation because it is presumed thatthe employer is in a better financial position than the employee
Concurrent Tortfeasors hen more than one party is liable in a tort actionThe defendant-s together are called concurrent tortfeasors
Products ia1ilit$ The plaintiff must be able to establish that damage hasclearly resulted from appropriate use of a product and the defendantmanufacturer must then persuade the court that at the time the manufacturercould not have foreseen the defective nature of the goods manufactured6anada has not yet ta7en a strict liability approach on products as the +$ has
Products liability has developed through principles of both contract la and tortla The tort concept of fault has been applied and implied contractualarranties that the product is effective and the contract of a sale must also eist
n productsliability matters economic losses ampin the absence of physical inurymay in some circumstances be recoverable
Standards of Care and ut$ to 5arn A manufacturer must arn theconsumer of any dangerous potential of the product by appropriate labeling
Oter Tortsbull Tort of defamation8 ampif the statements that damage the reputation are true there is
no liability
o ibel D in riting
o $lander D verbal
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bull Occupiers Liailit68 The occupier of a property must eercise therequired standard of care to ensure the safety of individuals coming ontothat property
bull Tort of Nuisance8 esigned to alleviate undue interference ith the
comfortable and convenient enoyment of the plaintiff-s landampe insecticide spray drifting onto other land
CHAPTER Proof
The burden of proof is on the plaintiff to prove the case against the defendant
Engineers often find themselves ma7ing appearances as eBpert itnesses incourt
The epert is permitted to epress opinions ith respect to his or her area ofepertise and the itness should be cautious and restrict testimony to such
area
ou ill be hired by one side and crosseamined by counsel from the otherparty
Preparation is of the utmost importance in litigation The epert itness shouldclearly understand the issues in the lasuit and be aare of the scope ofquestions that can be reasonably epected
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CHAPTER 28 Contracts
3or a contract to be binding and enforceable the folloing elements must bepresent
bull An offer made and accepted
bull (utual intent to enter into the contract
bull 6onsideration or offer ampan echange of promises each promise representing
something of valueCpayment of money is not essential
bull 6apacity to contract ampcan-t be a minor drun7 or crazyCenforceable by the drun7 if
the other party 7ne they ere intoicatedbull aful purpose 6ontract on-t be enforced if it is unlaful
An offer is a promise made by one person to another
)ot all contracts are in riting
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+ntil it is accepted the offer may be ithdran by the offeror unless it is madeepressly irrevocable by its terms
Irre4oca1le Offers =idders submit offers or tenders that have been madeirrevocable for a specific period of time At any point during that period the offer
may be accepted and a contract ill be formed
Option Contract This contract is another means of 7eeping an offer open for acertain period of timeampe The party purchasing the option may ant do eploration or7 for a period of time beforedeciding to spend a large sum of money on the property
EDuita1le Estoppel A udge can stoplt the strict terms of a contract from beingfolloed if it is proven that the terms had changed outside of the agreementampoften used hen etensions to deadlines are agreed upon and then the person tried to go bac7to the original ritten contract
Pursuant to contract la consideration ampor a seal must be present in order toma7e a change to a contract enforceable D otherise it is ust a promise not laThe courts protect the person in the situation here a promise is ta7en as fullagreement
Statute of Frauds Ensures that certain types of contracts must be in riting tobe enforceable
Rectification This order can be applied for to rectify a contract because of asecretarial or recording mista7e
)nilateral Mistae A mista7e made by only one party to a contract 6ourts illdecide hether a contractor ill be relieved of their mista7e
CHAPTER 8 Tenderin Issues Contract A
a of tendering in 6anada gives the principle that there are B separatecontracts that arise in the tendering process
0 Contract A D the contract of irrevocability ampthat deals ith the tenderingphase
B Contract D the construction contract ampapplies to the construction phase
The number of number of tenders submitted is the number of 6ontract A-s thatare formed
The original tender pac7age contents cannot be changed ithout notifyingeveryone or you are in =reach of 6ontract A
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CHAPTER 82 Contract Interpretation
Parties to a contract sometimes dispute the meaning of part of the contract Todifferent approaches can be ta7en hen interpreting contracts
bull i1eral Approac ta7es into account the intent of the parties and maylead to speculation on that intent
bull Strict Approac focuses on the precise ords in the agreement andmay rely on dictionary meanings
Contra Preferentem hen a contract is ambiguous or unclear it ill beinterpreted against the person that rote it up
Parol E4idence Rule hen verbal agreements outside of the ritten contractare included as rule in a contract n most cases if a condition is agreed uponverbally but is not included in the contract then the condition is not part of thecontract
Implied Terms hen the inclusion of obvious terms of a contract have beenoverloo7ed here it is reasonable implied terms may eist in a contract
CHAPTER 83 iscare of Contracts
There are several ays to discharge a contract
bull Performance hen all parties have completed their respectiveobligations the contract is at an end
bull Areement to iscare Parties in a contract are alays free to amend
the contract or agree to cancel or terminate the contract upon mutuallyagreed terms
bull iscare Pursuant to Epress Terms t is advised to include in acontract terms here all parties may terminate the contract if certainoutside events ere to occur ampe ban7ruptcy
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bull iscare 1$ Frustration hen changing unforeseeablecircumstances occur that may radically change the obligations of theparties
o Force Maeure Provides that the time for completion ill beetended in the event of ar riot flood labor dispute or other
events that are beyond the control of both parties
bull iscare 1$ reac of Contract ne party fail to perform obligations
o iscare 1$ Repudiation hen the party to a contract
epressly tells the other party that they have no intention ofperforming contractual obligations
CHAPTER 86 reac of Contract
f a party to a contract fails to perform obligations specified in the contract thenthat party has breached the contract
The innocent party is entitled to certain remedies depending on the nature of thebreach and the terms of the contract
Condition an obligation that is essential or vital to the contract5arrant$ an obligation that is NOT essential or vital to the contract
A =reach of 6ontract is a cause for discharge only if its effect is to render itpurposeless for the innocent party to proceed further ith performance
Repudiation hen the party to a contract epressly tells the other party thatthey have no intention of performing contractual obligations
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REMIIES
A nondefaulting party is entitled to damages for losses incurred as a result of abreach of contract
irect amaes Actual calculated difference in the cost of having to chooseone service over the other ampthe loest bid is chosen and then they refuse to do the or7so the second loest bid is chosen and the party sues for the monetary difference beteen theloest and second loest bid
Indirect amaes Are consequential to the breach and might include damagesfor lost profits or damages incurred if the contract is not fulfilled
iDuidated amaes Are preestimated damages if certain events ere tooccur that are ritten into the contract under a Penalty 6lause
ltuantum Meruit hen services have been requested and performed but nooutside agreement as reached beteen the parties as to hat payment ouldbe provided in return for the services then the courts can aard the person ithas much as is reasonably deservedlt for time spent and materials supplied
Su1stantial Compliance hen a contractor has substantially complied iththe terms of a contract yet failed to comply ith some minor aspect of thecontract The contractor ill be paid the contract price minus the cost ofdamages caused by the minor problems
Specific Performance hen the courts require a party to perform a contractual
obligation li7e the sale of land or a personal item
Inunction A court order that prohibits or restrains a party from performing anactCHAPTER 9 Fundamental reac
Applies to a contract that contains an eemption clause amphere parties limit theirliability if a breach of contract results and ma7es the eemption ineffective
CHAPTER 8 Areement etampeen Client and Enineer
A contract beteen a client and an engineer must include all of the essentialcontract elements
The document ill not specify the degree of care that is required of the engineerin carrying out the services =ut the engineer is liable for incompetence
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carelessness or negligence that results in damages to the client and for notperforming ith an ordinary and reasonable degree of care and s7ill
CHAPTER Concurrent ia1ilit$ in Tort and Contract
+nless otherise stated in a contract the standard of care epected of anengineer doing a ob is the same standard of care by hich an engineer-sperformance is measured in tort
3or a breach of contract there is a limitation period of I years from date of thebreach in hich to press charges instead of hen it is discovered
n tort the limitation period in hich to press charges starts hen the damagesare first detected
CHAPTER 3 Ar1itration and AR
A lasuit is not alays the best ay to resolve a dispute beteen contractingparties especially technical disputes
Ar1itration or Alternati4e ispute Resolution +AR- t is less costly and lesspublic than litigation
An engineer that is an arbitrator is epected to act impartially and independentlyof the parties to the dispute
The Arbitration Act deals ith the appointment of an arbitrator and sets out astructure or set of rules to govern the conduct of an arbitration unless the partiesagree that some other structure or rules ill apply
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The Act also gives arbitrators the urisdiction to aard preudgment and post udgment interests ust li7e the courts have under the 6ourts of 4ustice Act
Partnerin intended to respond to the need for improved attitudes amongstindustry participants to the importance of teamor7 on proects
This cooperative attitude should assist in resolving proect disputes at an earlystage
) TGAT) and A=TAT) result in a 4+G(E)T TgtAT $=))G
Proect Neutral (proGect manaement oerie) The companies appoint a
proect neutral usually an independent professional eperienced in the industryto be aare of developments on the proect ith a vie to offering unbiasedadvice and decisions
Mediation esolving disputes through the negotiating process involving amediator ho is to provide guidance and to facilitate the settlement process agobeteenlt in communicating proposed settlements
There is no udgmentL the parties need to or7 out their differences
CHAPTER BB Industrial Propert$
Industrial Propert$ Rits ights that generally relate to patents trademar7scopyrights and industrial design
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lt+ THE C2= PASSEN$ER AIRCRAT ISASTER
n 0JB a cargo door latch failed and the door ble out of a 601 over indsor) and the eplosive decompression of the cargo compartment caused part of
the cabin floor to collapse
This opened a large hole in the bottom of the fuselage and severed most of thehydraulic lines hich caused the loss of control of the rudder and aileronsEveryone landed safely that day
n 0JK another 601 over Paris lost its cargo door The decompression ofthe cargo compartment again caused the cabin floor to collapseL control of theailerons and rudder ere lost and the plane crashed 7illing FKI people
essons earned
bull The 3AA failed in its role of safety atchdog t certified the cargo doordesign in spite of the failure during the ground test Then after the neardisaster over indsor they merely advised the airlines to follo themanufacturer-s service bulletin rather than issuing a directive that ould haverequired all 601-s to be retrofitted
gt+ TO1IC POLLTION8 LOE CANAL MINAMATA HOPAL SR
mproper disposal of toic or environmentally harmful aste
Loe Canal Ne or 7 ioBin
bull n 0HF gtoo7er 6hemical 6orporation dumped over 09111 tons of chemicalaste including dioins until the canal as flat land again
bull Then they donated the land to the =oard of Education but said nothing aboutthe chemicals buried there
bull Eventually the chemicals ere discovered in 0JI and the area asevacuated and treated
bull Total cost of the cleanup as MBH1 million and gtoo7er asn-t liable for any ofit because of their contract hen they donated the land
Minamata a6 apan 7 Mercur6 Poisoninbull n 0FB the 6hisso 6ompany a nitrogen fertilizer company began producing
acetaldehyde (ercury as needed as a catalystbull uring the production process a portion of the mercury as lost D ashed
into the =ay ith the aste aterbull The organic mercury as absorbed by the shell fish and eventually eaten by
people
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bull =y 0IB it as estimated that about B11 people had contracted (inimatadisease
Dopal India 7 MetD6l Isoc6anate
bull n 09K a poisonous cloud of methyl isocyanate gas escaped from the +nion
6arbide plant 7illing thousands of people up to I 7m aaybull The incident happened hen a or7er as cleaning a pipe ith ater and the
ater mied ith the chemicals and over pressured the tan7s causing them torelease the gas
Sudur6 Ontario 7 SulpDur ioBide
bull )ic7el that is mined in ntario is in the form of sulphied ore and cannot be
directly converted into metallic form t must first be smelted D burned toremove the sulphur hich is done in huge open roastslt hich emitted huge
toic clouds of sulphur dioidebull $ulphur ioide hen dissolved in ater became acid rain
bull This devastated the area around the plantL trees are stunted and sparsela7es have no fish no bird life
bull $ince then about F111 hectares have been reclaimed
essons earned
bull Each of these incidents involves ignorance carelessness or incompetenceand most involve an arrogant lac7 of ethical action
bull6onsequences of negligence can be terrifying
+ NCLEAR SAFET
TDree Mile Island
(arch B9 0J a routine maintenance operation a pressure valve stuc7 openalloing radioactive ater to escape from the system for more than B hoursleaving the reactor core partially uncooled
(ore than 0F of the reactor core had melted and fallen to the bottom of thereactor vessel Than7 goodness the molten mass did not burn through thebottom of the reactor to penetrate the ground ater table ampin a cynical version ofthis story the molten mass continues to burn through the interior of the earth untilit emerges in 6hina ampThe 6hina $yndrome
t as not a disaster for the public but the unit as destroyed and the cleanupcost nearly M0 billion
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CDerno6l
April BI 09I reactor number K eploded releasing a huge cloud of radioactive
plutonium cesium and uranium dioide into the atmosphere
Accident occurred during a lopoer test =ecause of the design during loerpoer the ater in the core decreases
To date the number of related deaths is beteen J11101111 They aiteddays even ee7s to admit that it had eploded and they too7 even longer toevacuate the peopleessons earned
bull The possibility of disaster might be very small but it is not zero
bull $uch responsibility should never be treated casually
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CHAPTER 8 Product Safet$7 ltualit$ and ia1ilit$
NE$LI$ENCE AN LIAILIT
Engineers are liable for negligent incompetent or careless acts that result indamages to others including the employer
Engineers are required to use reasonable care established practices and elltested engineering principles
Nelience an act or omission that constitutes a failure to maintain thestandards that a reasonable and prudent practitioner ould maintain in thecircumstances
ITH A CONTRACT8
bull )egligence incompetence or carelessness may be a basis for a lasuit overbreach of contractlt
bull t is good practice to consider all reasonable ays in hich an agreementmay go rong foresee damages and include clauses that specify bonusesfor good results or limits to liability
ITHOT A CONTRACT8 (driin)
bull (ay result in legal liability based on tort la ampinuries or damages
bull To in a claim under tort la the plaintiff must prove
o that the defendant had a duty of care to the plaintiff
o that the defendant breached that dutyo that the loss or damage as a direct result of the defendant-s breach of
duty
iability insurance is a ise investment t is essential for manufacturers thatemploy engineers because of
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0icarious ia1ilit$ the engineer-s employer is liable for any loss or damagethat results from a tort caused by an employee The engineer is protectedfinancially but not from disciplinary action by the Association
PROCT ARRANTIES
5ARRANT= applies to goods and products
bull Epress 5arranties promises that the product has a certain quality or itill perform for a certain period of time
bull Implied 5arranties unstated promises that eist as a matter of common
sense A certain amount of quality or function that is epectedltSTRICT LIAILIT
Product defects and consumer safety the focus is on the product itself and noquestions of negligence arise
A manufacturer may be strictly liable for any damage that results from the use ofhis product even though the manufacturer as not negligent in producing it
G)ARANTEE applies to services and agreements
AICE TO ESI$N EN$INEERS TO AOI PROCT LIAILITIES
bull Formal esin Re4ieamps conceptual feasibility and finalbull Codes and Standards adhere to all government industry and company
standards and codesbull Stateofteart esin Metods ma7e choices that lean toard safety
bull Formal Haard Anal$sis identify hazards try to prevent or eliminate actionplan remedial action
bull Formal Failure Anal$sis 3ailure (odes and Effects Analysis amp3(EA and3ault Tree Analysis amp3TA
bull esin Records 2eep good design records to shoe planning for safety
AICE TO MANFACTRERS
bull ltualit$ Assurance and Testin $ 111
bull Instruction7 5arnin and aner Sins f dangers do eist plan forproper signs to give arnings of danger
bull Instruction Manuals Any product that is dangerous should come ith aservice or instruction manual
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bull 5arranties7 isclaimers and oter Pu1lised Material evie allinformation ith the design engineer and by a products liability layer
bull Consumer Complaints nvestigate claims quic7ly to fi problems early
bull Customer Records gtave good records in case of a recall
OTAININ$ CANAIAN STANARS
6hec7 ith the $tandards 6ouncil of 6anada amp$66 They promote efficient andeffective standardization in 6anada
The $66 manages the )ational $tandards $ystem amp)$$ The )$$ ritestandards certify products test products and register quality systems ofcompanies amp$ 111
The $66 coordinates the 6anadian contribution to $ ampnternational
rganization for standards and E6 ampnternational Electrotechnical 6ommission
ISO === 7 QALIT MANA$EMENT AN QALIT ASSRANCESTANARS
t is a standard for effective management of a manufacturing corporation in orderto maimize the quality of the manufactured products
A 7ey part of the process involves the development of a ualit 3anual thatdocuments the four 7ey aspects of the certification process
bull quality policies for every aspect of the corporation-s operationsbull quality assurance procedures
bull quality process procedures
bull quality proof
ISO 3=== 7 ENIRONMENTAL MANA$EMENT SSTEMS
The process requires the company to eamine every function of its operationsith the goal of identifying activities ith a significant environmental impact andcommitting the company to preventing pollution in all of its many forms
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CHAPTER 8gt isciplinar$ Poampers and Procedures
EFINITION OF PROFESSIONAL MISCONCT
Each Association has the poer to prosecute people ho unlafully practiceprofessional engineering and to discipline licensed engineers ho are guilty ofprofessional misconduct or incompetence
The provincial Acts typically identify I causes for disciplinary action
bull Professional Misconduct Any conduct detrimental to the best interestsof the public or that harms or tends to harm the standing of the profession
generally as unprofessional conduct ampor an act that ould reasonably beregarded as unprofessional
bull Incompetence a lac7 of 7noledge s7ill udgment or disregard for theelfare of the public that demonstrates the member is unfit to carry out theresponsibilities of a professional engineer
bull Nelience carelessness or carrying out or7 that is belo the acceptedstandard of care or performance
bull reac of te Code of Etics
bull P$sical or Mental Incapacit$ this is included as a definition ofincompetence
bull Con4iction of an Offense isciplinary action against a member ho isguilty of an offense that is relevant to the member-s suitability to practice
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ISCIPLINAR PROCESS
hen a complaint of negligence incompetence or professional misconduct ismade against a licensed professional engineer it sets in motion a Fstageprocess of
bull Gathering nformationbull Evaluating the 6omplaint
bull 6onducting a 3ormal gtearing that enders 4udgment
Stipulated Order A simpler form of disciplinary hearing for less serious casesThe decision of guilt or innocence is decided by one representative and the resulthas no appeal process =oth parties agree to the outcome
f a member or licensee should be found guilty the iscipline 6ommittee can
bull suspend or revo7e your licensebull impose restriction on your license
bull require the member to be counseled or reprimanded
bull ma7e you pay cost of investigation or hearing
bull ma7e you rite eams or ta7e courses
bull impose up to a M01111 fine
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CHAPTER 8 Maintainin Professional Competence
Engineers have the privilege of selfregulation a privilege accompanied by acorresponding duty to maintain competence and avoid professionalobsolescence
The process requires engineers ampand engineering corporations to maintaincompetence by
bull enineerin practice or emplo$ment
bull formal education amp+niversity or Association courses
bull informal education ampshort courses or seminarsbull pu1lications
bull participation in enineerin societies
bull 1encmarin ampcomparing your practices against best practices
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CHAPTER 8 Enineerin Societies
The maor purpose of engineering societies is to encourage research into netheories or methods to collect and classify this ne information and todisseminate it to members so that it can be put to good use
The difference beteen an association and a society is that the Associationregulates professional behavior and the $ocieties disseminate engineeringinformation $o you should be a member of both
$ocieties have been established by groups of engineers hose commoninterests are based on
bull discipline
bull product
bull facility
bull evaluation
bull function
bull environment
bull language
bull geographical area
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THE CONCEPTS OF PROFESSIONALISM
PROFESSION
bull A learned calling ith specialized 7noledge
bull Performs services ith advanced 7noledge s7ill and udgment in hich
the public trusts
bull gtas public obligation and performs services in the general public interest
bull s bound by an ethical code in its relationship ith the public clientsemployees and colleagues
bull Accepts responsibility to regulate professional members and professionalservices provided to clients and the public
Engineering is a profession that is selfo4ernin and has the authority todiscipline members ho fail to comply ith proper standards of practice andconduct
The engineering profession is
bull highly organized
bull minimum standards of admissionbull regulate the activities of their members amps7illed practice and ethical conduct
bull promote the advancement of 7noledge
Professionals depend on the confidence ofbull the client or employer
bull the public
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ECEENCE
A shared commitment ith your peers to strive for ecellence
ETHICS
Ethics deals ith voluntary actions ta7en by an individual ith sufficient7noledge of options available
The COE OF ETHICS shapes the practice in to important aysbull provides a commonest of values hich offers a reliable professional
product to the public
bull professional relationship of trust ith the public is fundamental
APE$$A COE OF ETHICS
Professional Engineers shall recognize that professional ethics is founded uponintegrity competence dignity and devotion to service
8 P En sall old paramount7 te ealt7 safet$ and ampelfare of te pu1lic and en4ironment
bull They have an obligation to report conditions hich present an
immediate threat to safety health elfare or the environment
bull t should first be reported to the professionals involved then to
corporate or regulatory authorities
PEn sall undertae onl$ ampor tat te$ are competent to perform 1$teir trainin and eperience
bull Professional members should ensure to the best of their ability thatstatements on engineering matters attributed to them properly reflecttheir professional opinion
Stampin and Sinin ocuments8
bull Professionals shall only stamp and sign documents that they haveprepared or that have been prepared under their direct supervision andcontrol
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bull hen or7 is prepared by others they shall only stamp and sign afterhaving thoroughly revieed the or7 and accepted responsibility for it
bull Engineers ho apply their seals or stamps to reports plans or otherdocuments are stating that they understand and are in agreement ith
these documents
bull The absence of a seal or stamp does not necessarily indicate that aprofessional member has not revieed the document not does itrelieve the member from professional or legal responsibility if it can beshon that he or she as involved ith the or7
B P En sall conduct temsel4es ampit interit$7 onest$7 fairness ando1ecti4it$ in teir professional acti4ities
bull A client-s or employer-s interests should be held in high regard gtoeverthe folloing duties ta7e precedencelt
o duty to protect public safety
o duty to the professions under the 6ode of Ethics
o duty to act fairly to all parties hen administering a contract on
behalf of a client or employer
bull Professionals should 7eep confidential all information that is acquired inthe course of their professional duties and that concerns the businessaffairs of present or past clientsemployees
gt PEn sall compl$ ampit applica1le statutes7 reulations and 1$laamps inteir professional practice
bull Professionals should maintain adequate 7noledge of the la relating totheir area of practice
bull esponsible n4ironmntal mana+mnt comutr softar anddiscrimination are a fe of the subects covered under this ule
PEn sall upold and enance te onor7 dinit$7 and reputation of teir professions7 and te a1ilit$ to ser4e te pu1lic interest
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bull Advertisements proposals and presentations should be factual clearand dignified
bull A professional should be careful to give due credit to others
bull nly revie the or7 of another professional hen they have beeninformed unless there is a confidentiality agreement to the client
bull gtelp ET-s
APE$$A COE OF ETHICS
0 P Eng shall hold paramount the DealtD safet6 and elfare of tDe pulic and enironment
B PEng shall underta7e only or tDat tDe6 are competent to perform bytheir training and eperience
F P Eng shall conduct themselves ith interit6 Donest6 fairness and
oGectiit6 in their professional activities
K PEng shall compl6 itD applicale statutes reulations and 62las intheir professional practice
H PEng shall uphold and enhance the Donor dinit6 and reputation of their professions and the ability to sere tDe pulic interest
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COPRI$HTS
9RiDt to cop6
nly the oner of the or7 is alloed to reproduce the or7 or permit others tocopy it
Plaiarism is copying someone else-s or7 and claiming it as your on
Fair ealin +se or reproduction of or7 for private study research criticismrevie or nes reporting
Cop6riDts appl6 to8bull iterar$ ampors boo7s poems pamphlets computer programs
bull ramatic ampors films videos plays scripts
bull Musical ampors compositions ampords and music
bull Artistic ampors paintings draings maps photos sculptures architects
Also to8bull Performer(s performances actors musicians dancers
bull Communication Sinals broadcasters
bull Sound Recordins
6opyright is restricted to the epression in a fied manner amptet recordingdraing of an ideaL it does not etend to the idea itself
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3acts ideas and nes are all considered public property
6opyright does apply tobull $ong
bull )ovel
bull Playbull (agazine article
bull 6omputer program
bull ideo 6assettes (ovies
6opyright does NOT apply tobull $ong titlebull Plot ideabull Play of gtamletbull 3acts in an articlebull )ame of a computer programbull (a7ing a copy of a musical tape amproyalties have been paid already
bull 6opies for educational institutions ampcan 7eep radio and nes tapes for 0 year
bull )onprofit libraries archives and museumshen you create a or7 you automatically have copyright protection providedthat at the time of creation you ere a 6anadian 6itizen or a resident in a countrythat participates in 6opyright rules
Autorsip The person that creates the or7
Oampnersip f you are the creator of the or7 you on the copyright f you
create a or7 hile employed the copyright belongs to the employer ou canlegally transfer your rights to someone else then they on the copyright
uration 6opyright ampintellectual property lasts for the life of the author N H1years
Moral Rits Even if you sell your copyright you still retain moral rightsltThis means that no one including the person ho ons the copyright candistort mutilate or modify your or7 ampchange the ending use for a commercial etc
(oral rights eist for the same length as the copyrightou cannot sell or transfer your moral rights but you can aive them
RE$ISTRATION OF A COPRI$HT
ou do not have to register a copyright to have protection in 6anada
f you choose to register ith the copyright office you receive a certificate hichcan be used to your advantage if your or7 is infringed t is evidence that it is
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your or7 and you are the oner n a dispute you do not have to proveonership
ou send the application to the 6opyright office and you do not send your or7in ou may need to send a copy to the )ational ibrary of 6anada but the
6opyright office doesn-t revie your or7 at all
There is no requirement to mar7 your or7 under the 6opyright Act ou canmar7 it li7e this
)ame ear copy e 4ane oe 09I copy
ou can use this format even if you have not registered your or7
The 6opyright ffice is not responsible for ensuring that your copyright is notbeing infringedCCthis is your ob ou have to launch legal action yourself and
the courts are left to decide
Assinment As the oner you may decide i4e up part or all of $our rits toanother party The assignment may be for the hole term or for ust a certainpart of the term
icense ou as the oner give someone else permission to use your or7 forcertain purposes and under certain conditions but you still retain onership oudo not i4e up $our rits
Ro$alties (oney paid to the copyright oner as commission for sales of theiror7 or permission to use them
Tariffs $et fees that users must pay for using certain copyright material
Collecti4es an organization that collects royalties on behalf of its members
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TRAEMARampS
A trade2mar is a ord symbol or design to distinguish the products or servicesof an organization or person from others t can also represent a reputation
Ordinar$ Mars ords or symbols that distinguish your product or service ampe Giddy+p
Certification Mars identify ares or services that meet a defined standardThey are oned by one person but licensed to others to identify ares orservices hich meet a defined standard ampe oolmar7 APEGGA seal
istinuisin uise identifies the unique shape of a product or its pac7ageampe eggs Egg
A trade name is the name under hich you conduct your business The tradename can be registered under the Trade(ar7s Act only if it is also used as aTrademar7 ampto identify products or services
RE$ISTERIN$ A TRAE2MARamp
The Reistered Trade2Mar is one that is entered on the Trademar7s registerou are not required to register your trademar7 if you use it for a certain lengthof time you can establish onership by 6ommon a
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bull egistration of your trademar7 gives you the eclusive right to use the mar7across Canada for 8 $ears then you have to rene it
bull t is recommended that you register your Trade(ar7 in case someone elsetries to use it
bull f you fail to use the mar7 for an etended period your registration may becancelled
bull ou can register a trademar7 by filing an application for registration ith theTrademar7s ffice our trade2mar must e used in Canada efore itcan e reistered+
RE$ISTRATION QALIFICATIONS
bull 6annot be primarily your full name or surname ampunless you can prove it is already
identified
bull ou may not register a ord that clearly describes a feature of the product orservice ampseet uicy
bull The ord cannot be clearly misleading ampdeceptively misdescriptive ampe sugarseet if it has no sugar
bull ou may not register a ord that clearly designates the place of origin of theproduct or service or if it misleads the public into thin7ing that the productcomes from there ampParis 3ashions Atlantic 6od but you can use )orth Pole =ananasbecause no one ould epect them to come from there
bull ou can use a disclaimer statement indicating that you are not claimingeclusive rights for certain ords appearing in the trademar7 n this ayyou can use clearly descriptive ords hich are unregisterable on their onampce 6ream in =ob-s ce 6ream
bull )ames of products in other languages cannot be registered ampurstlt is Germanfor sausage
bull 6annot be registered if it consists or a plant variety denomination
bull ou cannot use ords symbols sounds or ideas that are confusingly similar
to a registered trademar7 or a pending mar7 amp2ing og 3ood and 2ing 6at 3oodould be refused
bull ou cannot register a trademar7 that resembles certain official symbolsunless you have the consent of the authority in question
o fficial government symbols
o 3amily coats of arms
o =adges and crests or 6(P
o Emblems and names of ed 6ross or +)
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o 3lags of other countries
o $ymbols of provinces
=efore you try to register your trademar7 do a search and include trade namesas ell
After you have a registered trademar7 to 7eep it you mustLbull Pay the registration fees every 0H years
bull +se the trademar7 in 6anada or it ill be epunged
Assinment to sell or transfer your rights to a trademar7 to another party
Marin ReDuirements The Trade(ar7s Act does )T have anyrequirements but many oners indicate their registration through the folloingmar7s
983214 O registered trademar7
991522 O trademar7$( O service mar7
The Trade(ar7 ffice ill prevent anyone else from registering your trademar7but it is your responsibility to monitor the mar7etplace and ta7e legal action ifsomeone is using your trademar7
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PATENTS
A patent is
bull A document protecting the rights of the inventor
bull A repository of useful technical information for the public
The idea is to promote the sharing of technological information hile giving you amonopoly on your creation
ith a patent the government gives the inventor the right to eclude others fromma7ing or selling your invention
The invention is protected from the day the patent is granted to a maimum of =6ears after the day you filed your application
The Patent ffice then epects you to provide a full description of your inventionso that all 6anadians can benefit from this technology They allo your
application to be open gt montDs from the filing date during the con4ention priorit$ date
Patent applications are made pulic gt montDs after the 6anadian 3iling ate
ou must obtain a valid patent ithin 8 $ear of main te product pu1lic
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A 6anadian patent is only etended throughout 6anada ou must apply forpatent rights in other countries separately
t is important to 7eep your invention secret until your first patent application isfiled in order to preserve your rights to file later in most foreign countries
3or an invention to be patented it must be
bull NO0ET= 3irst in the orld
bull )TIIT= 3unctional and operative
bull INGEN)IT= $ho inventive ingenuity and not be obvious to someones7illed in that area
The folloing items are patentable
bull Product ampdoor loc7
bull A composition ampchemical composition li7e lubricant
bull An apparatus ampmachine to ma7e door loc7s
bull A process ampmethod
bull An improvement on any of these
The idea alone is not patentable t must be reduced to something physical
ou CANNOT patentbull A scientific principle
bull An abstract theorem
bull An idea
bull A method of doing businessbull A computer program
bull A medical treatmentn 6anada patents are given to the first inventor to file an application
f you invent something hile or7ing for an employer on the employer-s timeith the employer-s materials at the epense of the employer the inventionrights still belong to you unless you have been hired by the company to inventpatentable inventions
PATENT APPLICATION
+ $et a Patent Aent
+ Preliminar6 SearcD
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bull ou can do a preliminary search in the online database or visit the Patentffice in person
0+ Preparin tDe Patent Application
bull A patent application must consist ofo a1stract ampbrief description
o specification ampclaims and boundaries of protection
o draampins
3+ File 6our Application4+ Reuest eBamination5+ EBaminer does searcD and approes or oGects+lt+ Respond to an6 oGectionsgt+ Patent ranted or oGected+
CONENTION PRIORIT
(any countries belong to the Paris 6onvention for the Protection of ndustrialProperty
This treaty allos you to invo7e convention prioritylt hich means that your filingdate in one member country ill be recognized by all others provided you file inthose countries ithin the first year
ampe if you file in 6anada in 4anuary B111 you could file up to one year later in most countriesamp4anuary B110 and still receive the same rights as if you filed in B111
PATENT COOPERATION TREAT (PCT)
t provides a standardized international filing procedure for foreign patents hichis shared by our principal trading partners including the +$ 4apan and mostEuropean countriesou may file for a patent in as many as 01I member countries through a singleapplication filed in 6anada
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INSTRIAL ESI$N
An Industrial esin is the features of shape configuration pattern or ornamentapplied to a finished article made by hand tool or machine ampappealing to the eye
There is no time limit for filing an application as long as the design has neverbeen published ampmade public to anyone
ou must file ithin 6ear of going public ith your design or you ill lose youreclusive rights to the design
The advantage of registering your industrial design is that it gives you eclusive
right to your design for up to = 6ears from tDe date of reistration
+nless you register your design you can ma7e no legal claim of onership andhave no legal protection from imitation
nly the proprietor ampcreator of the design may obtain registration unless youhave been hired to develop a design Then the hirer is the proprietor
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Trade Secret industrial 7noho or valuable information acquired by abusiness t could be a
bull formula
bull pattern
bull device
bull compilation of info used to give you an advantage over the competitors
ou cannot registerbull That don-t have visual appeal
bull 3eatures that are hidden from vie or too small to appeal to the eye
bull A method of construction
bull An idea
bull (aterials used in construction
bull 3unction of an article
bull 6olor
ESI$N RE$ISTRATION
The application ill includebull Application forms ampdescription
bull At least one draing or photograph
bull 3ees
The process ill include
bull nitial processing
bull Eamination
bull egistration
ou do not have to mar7 your design in order to indicate that it is registered butmar7ing it gives you etra protection
As proprietor you may ta7e legal action against anyone ho infringes on yourdesign in 6anada but you must ta7e action ithin F years of the incident
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An 9assinment occurs hen you sell all or part of your rights in the designpermanently to another party
ou can 9license another user to allo someone else to use your design but
you still retain onership
To have your design protected in other countries you must apply separately ineach country
ou have 5 montDs to file for 9conention priorit6+ampe you apply to register in 6anada in 4anuary B111 then you have until 4uly B111 to file in other 6onvention countries and receive the same rights as if it ere 4anuary B111
LA FOR PROFESSIONAL EN$INEERS OOamp
CHAPTER 8 Te Canadian eal S$stem
The legal system of 6anada is based on the English common2lalt system andthe English courts of euit6lt system ampudgemade la and is calledCOMMON2LAlt
The 3ederal 6ourt of 6anada has urisdiction over federal matters such aspatents trademar7s and copyrights
Pu1lic aamp deals ith the rights and obligations of government ampcriminal and6onstitutional la
Pri4ate aamp deals ith the rights and obligations of individuals or private organizations ampCONTRACT AN TORT LA
Termsbull itigation lasuit
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bull Plaintiff party bringing the actionbull efendant party defending the actionbull Appellant party appealing the decisionbull espondent party see7ing to uphold a decisionbull Privity of contract legal relationship beteen parties to a contract
bull 6reditor party to hom an amount is oingbull ebtor party that oes an amount to creditor bull $uarantee A guarantees = the debt of 6omp amphen = doesn-t get paid
= goes to 6omp first then to A
bull Indemnification a promise to directly compensate or reimburseanother party for a loss or cost incurred f Aindemnifies = the debt of 6omp amphen = doesn-t get paid =goes directly to A
CHAPTER usiness Oraniations
Sole Proprietorsip an individual carries on business by and for himself andalso enoys the profits and incurs any losses personally
Partnersip an association of persons ho conduct business in common ith avie to profit ndividuals or organizations share profits and losses
Corporation an entity unto itself distinct from its oners ampfictitious personThe corporation itself ons its assets and incurs its on liabilities
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CHAPTER B International Considerations
t is etremely important to obtain advice from an appropriately eperiencedlayer in the foreign country or have the advice of a consultant in that countryt is ise to purchase political ris7 insurance and to use careful udgment together ith a local influential partner
$ome potential ris7s of or7ing internationally are
bull Political Ris is one of the more obvious ris7 factors in or7inginternationally The 6hanges in government can lead to significant policychanges
bull Licensin reuirements and obtaining necessary permits and approvalsin a foreign country under different legal systems can be timeconsuming
bull Financial Riss due to currency echange and controls or restrictions onthe transfer of funds out of the country
bull Contract documents and forms used on proects may be different
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CHAPTER gt Tort ia1ilit$
Tort8 generally refers to a private or civil rong or inury one that involvesnegligence and that may arise independently of contract ampcar driver and victim
amphich includes financial loss hen based on a professional-s opinion
The fundamental purpose of tort la is to compensate ictims of tortsPunishment of negligent rongdoers IS NOT a purpose of tort la
Professional liability insurance should provide protection if an engineer-snegligence results in damage arising in tort
n order to satisfy the courts that compensation should be made the plaintiff in atort action must prove that
bull The defendant oed the plaintiff a duty of care
bull The defendant breached that duty by his conduct
bull The defendant-s conduct caused the inury to the plaintiff
f any 0 of these F aspects is not proven to the satisfaction of the courts theplaintiff ill not in
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A significant factor in a tort action is the establishment of the standard of carerequired of the defendant
The standard is applied based on the premise that engineers have a duty to use
the reasonable care and s7ill of engineers of ordinary competence Thereasonable carelt is measured by applicable professional standards of theengineering profession at the time the services ere performed
Strict ia1ilit$ manufacturers and employers are held strictly liable hen faultis not necessary if compensation is to be provided ampnot yet upheld in 6anadaampe All employees ma7e contributions on behalf of employees and if someone is inuredcompensation is provided ith no finding of faultampe A manufacturer may be strictl6 lialelt if for any damages that result from the use of theirproduct
0icarious ia1ilit$ The employer is responsible for damaged caused by its
employees The employer provides compensation because it is presumed thatthe employer is in a better financial position than the employee
Concurrent Tortfeasors hen more than one party is liable in a tort actionThe defendant-s together are called concurrent tortfeasors
Products ia1ilit$ The plaintiff must be able to establish that damage hasclearly resulted from appropriate use of a product and the defendantmanufacturer must then persuade the court that at the time the manufacturercould not have foreseen the defective nature of the goods manufactured6anada has not yet ta7en a strict liability approach on products as the +$ has
Products liability has developed through principles of both contract la and tortla The tort concept of fault has been applied and implied contractualarranties that the product is effective and the contract of a sale must also eist
n productsliability matters economic losses ampin the absence of physical inurymay in some circumstances be recoverable
Standards of Care and ut$ to 5arn A manufacturer must arn theconsumer of any dangerous potential of the product by appropriate labeling
Oter Tortsbull Tort of defamation8 ampif the statements that damage the reputation are true there is
no liability
o ibel D in riting
o $lander D verbal
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bull Occupiers Liailit68 The occupier of a property must eercise therequired standard of care to ensure the safety of individuals coming ontothat property
bull Tort of Nuisance8 esigned to alleviate undue interference ith the
comfortable and convenient enoyment of the plaintiff-s landampe insecticide spray drifting onto other land
CHAPTER Proof
The burden of proof is on the plaintiff to prove the case against the defendant
Engineers often find themselves ma7ing appearances as eBpert itnesses incourt
The epert is permitted to epress opinions ith respect to his or her area ofepertise and the itness should be cautious and restrict testimony to such
area
ou ill be hired by one side and crosseamined by counsel from the otherparty
Preparation is of the utmost importance in litigation The epert itness shouldclearly understand the issues in the lasuit and be aare of the scope ofquestions that can be reasonably epected
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CHAPTER 28 Contracts
3or a contract to be binding and enforceable the folloing elements must bepresent
bull An offer made and accepted
bull (utual intent to enter into the contract
bull 6onsideration or offer ampan echange of promises each promise representing
something of valueCpayment of money is not essential
bull 6apacity to contract ampcan-t be a minor drun7 or crazyCenforceable by the drun7 if
the other party 7ne they ere intoicatedbull aful purpose 6ontract on-t be enforced if it is unlaful
An offer is a promise made by one person to another
)ot all contracts are in riting
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+ntil it is accepted the offer may be ithdran by the offeror unless it is madeepressly irrevocable by its terms
Irre4oca1le Offers =idders submit offers or tenders that have been madeirrevocable for a specific period of time At any point during that period the offer
may be accepted and a contract ill be formed
Option Contract This contract is another means of 7eeping an offer open for acertain period of timeampe The party purchasing the option may ant do eploration or7 for a period of time beforedeciding to spend a large sum of money on the property
EDuita1le Estoppel A udge can stoplt the strict terms of a contract from beingfolloed if it is proven that the terms had changed outside of the agreementampoften used hen etensions to deadlines are agreed upon and then the person tried to go bac7to the original ritten contract
Pursuant to contract la consideration ampor a seal must be present in order toma7e a change to a contract enforceable D otherise it is ust a promise not laThe courts protect the person in the situation here a promise is ta7en as fullagreement
Statute of Frauds Ensures that certain types of contracts must be in riting tobe enforceable
Rectification This order can be applied for to rectify a contract because of asecretarial or recording mista7e
)nilateral Mistae A mista7e made by only one party to a contract 6ourts illdecide hether a contractor ill be relieved of their mista7e
CHAPTER 8 Tenderin Issues Contract A
a of tendering in 6anada gives the principle that there are B separatecontracts that arise in the tendering process
0 Contract A D the contract of irrevocability ampthat deals ith the tenderingphase
B Contract D the construction contract ampapplies to the construction phase
The number of number of tenders submitted is the number of 6ontract A-s thatare formed
The original tender pac7age contents cannot be changed ithout notifyingeveryone or you are in =reach of 6ontract A
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CHAPTER 82 Contract Interpretation
Parties to a contract sometimes dispute the meaning of part of the contract Todifferent approaches can be ta7en hen interpreting contracts
bull i1eral Approac ta7es into account the intent of the parties and maylead to speculation on that intent
bull Strict Approac focuses on the precise ords in the agreement andmay rely on dictionary meanings
Contra Preferentem hen a contract is ambiguous or unclear it ill beinterpreted against the person that rote it up
Parol E4idence Rule hen verbal agreements outside of the ritten contractare included as rule in a contract n most cases if a condition is agreed uponverbally but is not included in the contract then the condition is not part of thecontract
Implied Terms hen the inclusion of obvious terms of a contract have beenoverloo7ed here it is reasonable implied terms may eist in a contract
CHAPTER 83 iscare of Contracts
There are several ays to discharge a contract
bull Performance hen all parties have completed their respectiveobligations the contract is at an end
bull Areement to iscare Parties in a contract are alays free to amend
the contract or agree to cancel or terminate the contract upon mutuallyagreed terms
bull iscare Pursuant to Epress Terms t is advised to include in acontract terms here all parties may terminate the contract if certainoutside events ere to occur ampe ban7ruptcy
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bull iscare 1$ Frustration hen changing unforeseeablecircumstances occur that may radically change the obligations of theparties
o Force Maeure Provides that the time for completion ill beetended in the event of ar riot flood labor dispute or other
events that are beyond the control of both parties
bull iscare 1$ reac of Contract ne party fail to perform obligations
o iscare 1$ Repudiation hen the party to a contract
epressly tells the other party that they have no intention ofperforming contractual obligations
CHAPTER 86 reac of Contract
f a party to a contract fails to perform obligations specified in the contract thenthat party has breached the contract
The innocent party is entitled to certain remedies depending on the nature of thebreach and the terms of the contract
Condition an obligation that is essential or vital to the contract5arrant$ an obligation that is NOT essential or vital to the contract
A =reach of 6ontract is a cause for discharge only if its effect is to render itpurposeless for the innocent party to proceed further ith performance
Repudiation hen the party to a contract epressly tells the other party thatthey have no intention of performing contractual obligations
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REMIIES
A nondefaulting party is entitled to damages for losses incurred as a result of abreach of contract
irect amaes Actual calculated difference in the cost of having to chooseone service over the other ampthe loest bid is chosen and then they refuse to do the or7so the second loest bid is chosen and the party sues for the monetary difference beteen theloest and second loest bid
Indirect amaes Are consequential to the breach and might include damagesfor lost profits or damages incurred if the contract is not fulfilled
iDuidated amaes Are preestimated damages if certain events ere tooccur that are ritten into the contract under a Penalty 6lause
ltuantum Meruit hen services have been requested and performed but nooutside agreement as reached beteen the parties as to hat payment ouldbe provided in return for the services then the courts can aard the person ithas much as is reasonably deservedlt for time spent and materials supplied
Su1stantial Compliance hen a contractor has substantially complied iththe terms of a contract yet failed to comply ith some minor aspect of thecontract The contractor ill be paid the contract price minus the cost ofdamages caused by the minor problems
Specific Performance hen the courts require a party to perform a contractual
obligation li7e the sale of land or a personal item
Inunction A court order that prohibits or restrains a party from performing anactCHAPTER 9 Fundamental reac
Applies to a contract that contains an eemption clause amphere parties limit theirliability if a breach of contract results and ma7es the eemption ineffective
CHAPTER 8 Areement etampeen Client and Enineer
A contract beteen a client and an engineer must include all of the essentialcontract elements
The document ill not specify the degree of care that is required of the engineerin carrying out the services =ut the engineer is liable for incompetence
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carelessness or negligence that results in damages to the client and for notperforming ith an ordinary and reasonable degree of care and s7ill
CHAPTER Concurrent ia1ilit$ in Tort and Contract
+nless otherise stated in a contract the standard of care epected of anengineer doing a ob is the same standard of care by hich an engineer-sperformance is measured in tort
3or a breach of contract there is a limitation period of I years from date of thebreach in hich to press charges instead of hen it is discovered
n tort the limitation period in hich to press charges starts hen the damagesare first detected
CHAPTER 3 Ar1itration and AR
A lasuit is not alays the best ay to resolve a dispute beteen contractingparties especially technical disputes
Ar1itration or Alternati4e ispute Resolution +AR- t is less costly and lesspublic than litigation
An engineer that is an arbitrator is epected to act impartially and independentlyof the parties to the dispute
The Arbitration Act deals ith the appointment of an arbitrator and sets out astructure or set of rules to govern the conduct of an arbitration unless the partiesagree that some other structure or rules ill apply
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The Act also gives arbitrators the urisdiction to aard preudgment and post udgment interests ust li7e the courts have under the 6ourts of 4ustice Act
Partnerin intended to respond to the need for improved attitudes amongstindustry participants to the importance of teamor7 on proects
This cooperative attitude should assist in resolving proect disputes at an earlystage
) TGAT) and A=TAT) result in a 4+G(E)T TgtAT $=))G
Proect Neutral (proGect manaement oerie) The companies appoint a
proect neutral usually an independent professional eperienced in the industryto be aare of developments on the proect ith a vie to offering unbiasedadvice and decisions
Mediation esolving disputes through the negotiating process involving amediator ho is to provide guidance and to facilitate the settlement process agobeteenlt in communicating proposed settlements
There is no udgmentL the parties need to or7 out their differences
CHAPTER BB Industrial Propert$
Industrial Propert$ Rits ights that generally relate to patents trademar7scopyrights and industrial design
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bull =y 0IB it as estimated that about B11 people had contracted (inimatadisease
Dopal India 7 MetD6l Isoc6anate
bull n 09K a poisonous cloud of methyl isocyanate gas escaped from the +nion
6arbide plant 7illing thousands of people up to I 7m aaybull The incident happened hen a or7er as cleaning a pipe ith ater and the
ater mied ith the chemicals and over pressured the tan7s causing them torelease the gas
Sudur6 Ontario 7 SulpDur ioBide
bull )ic7el that is mined in ntario is in the form of sulphied ore and cannot be
directly converted into metallic form t must first be smelted D burned toremove the sulphur hich is done in huge open roastslt hich emitted huge
toic clouds of sulphur dioidebull $ulphur ioide hen dissolved in ater became acid rain
bull This devastated the area around the plantL trees are stunted and sparsela7es have no fish no bird life
bull $ince then about F111 hectares have been reclaimed
essons earned
bull Each of these incidents involves ignorance carelessness or incompetenceand most involve an arrogant lac7 of ethical action
bull6onsequences of negligence can be terrifying
+ NCLEAR SAFET
TDree Mile Island
(arch B9 0J a routine maintenance operation a pressure valve stuc7 openalloing radioactive ater to escape from the system for more than B hoursleaving the reactor core partially uncooled
(ore than 0F of the reactor core had melted and fallen to the bottom of thereactor vessel Than7 goodness the molten mass did not burn through thebottom of the reactor to penetrate the ground ater table ampin a cynical version ofthis story the molten mass continues to burn through the interior of the earth untilit emerges in 6hina ampThe 6hina $yndrome
t as not a disaster for the public but the unit as destroyed and the cleanupcost nearly M0 billion
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CDerno6l
April BI 09I reactor number K eploded releasing a huge cloud of radioactive
plutonium cesium and uranium dioide into the atmosphere
Accident occurred during a lopoer test =ecause of the design during loerpoer the ater in the core decreases
To date the number of related deaths is beteen J11101111 They aiteddays even ee7s to admit that it had eploded and they too7 even longer toevacuate the peopleessons earned
bull The possibility of disaster might be very small but it is not zero
bull $uch responsibility should never be treated casually
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CHAPTER 8 Product Safet$7 ltualit$ and ia1ilit$
NE$LI$ENCE AN LIAILIT
Engineers are liable for negligent incompetent or careless acts that result indamages to others including the employer
Engineers are required to use reasonable care established practices and elltested engineering principles
Nelience an act or omission that constitutes a failure to maintain thestandards that a reasonable and prudent practitioner ould maintain in thecircumstances
ITH A CONTRACT8
bull )egligence incompetence or carelessness may be a basis for a lasuit overbreach of contractlt
bull t is good practice to consider all reasonable ays in hich an agreementmay go rong foresee damages and include clauses that specify bonusesfor good results or limits to liability
ITHOT A CONTRACT8 (driin)
bull (ay result in legal liability based on tort la ampinuries or damages
bull To in a claim under tort la the plaintiff must prove
o that the defendant had a duty of care to the plaintiff
o that the defendant breached that dutyo that the loss or damage as a direct result of the defendant-s breach of
duty
iability insurance is a ise investment t is essential for manufacturers thatemploy engineers because of
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0icarious ia1ilit$ the engineer-s employer is liable for any loss or damagethat results from a tort caused by an employee The engineer is protectedfinancially but not from disciplinary action by the Association
PROCT ARRANTIES
5ARRANT= applies to goods and products
bull Epress 5arranties promises that the product has a certain quality or itill perform for a certain period of time
bull Implied 5arranties unstated promises that eist as a matter of common
sense A certain amount of quality or function that is epectedltSTRICT LIAILIT
Product defects and consumer safety the focus is on the product itself and noquestions of negligence arise
A manufacturer may be strictly liable for any damage that results from the use ofhis product even though the manufacturer as not negligent in producing it
G)ARANTEE applies to services and agreements
AICE TO ESI$N EN$INEERS TO AOI PROCT LIAILITIES
bull Formal esin Re4ieamps conceptual feasibility and finalbull Codes and Standards adhere to all government industry and company
standards and codesbull Stateofteart esin Metods ma7e choices that lean toard safety
bull Formal Haard Anal$sis identify hazards try to prevent or eliminate actionplan remedial action
bull Formal Failure Anal$sis 3ailure (odes and Effects Analysis amp3(EA and3ault Tree Analysis amp3TA
bull esin Records 2eep good design records to shoe planning for safety
AICE TO MANFACTRERS
bull ltualit$ Assurance and Testin $ 111
bull Instruction7 5arnin and aner Sins f dangers do eist plan forproper signs to give arnings of danger
bull Instruction Manuals Any product that is dangerous should come ith aservice or instruction manual
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bull 5arranties7 isclaimers and oter Pu1lised Material evie allinformation ith the design engineer and by a products liability layer
bull Consumer Complaints nvestigate claims quic7ly to fi problems early
bull Customer Records gtave good records in case of a recall
OTAININ$ CANAIAN STANARS
6hec7 ith the $tandards 6ouncil of 6anada amp$66 They promote efficient andeffective standardization in 6anada
The $66 manages the )ational $tandards $ystem amp)$$ The )$$ ritestandards certify products test products and register quality systems ofcompanies amp$ 111
The $66 coordinates the 6anadian contribution to $ ampnternational
rganization for standards and E6 ampnternational Electrotechnical 6ommission
ISO === 7 QALIT MANA$EMENT AN QALIT ASSRANCESTANARS
t is a standard for effective management of a manufacturing corporation in orderto maimize the quality of the manufactured products
A 7ey part of the process involves the development of a ualit 3anual thatdocuments the four 7ey aspects of the certification process
bull quality policies for every aspect of the corporation-s operationsbull quality assurance procedures
bull quality process procedures
bull quality proof
ISO 3=== 7 ENIRONMENTAL MANA$EMENT SSTEMS
The process requires the company to eamine every function of its operationsith the goal of identifying activities ith a significant environmental impact andcommitting the company to preventing pollution in all of its many forms
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CHAPTER 8gt isciplinar$ Poampers and Procedures
EFINITION OF PROFESSIONAL MISCONCT
Each Association has the poer to prosecute people ho unlafully practiceprofessional engineering and to discipline licensed engineers ho are guilty ofprofessional misconduct or incompetence
The provincial Acts typically identify I causes for disciplinary action
bull Professional Misconduct Any conduct detrimental to the best interestsof the public or that harms or tends to harm the standing of the profession
generally as unprofessional conduct ampor an act that ould reasonably beregarded as unprofessional
bull Incompetence a lac7 of 7noledge s7ill udgment or disregard for theelfare of the public that demonstrates the member is unfit to carry out theresponsibilities of a professional engineer
bull Nelience carelessness or carrying out or7 that is belo the acceptedstandard of care or performance
bull reac of te Code of Etics
bull P$sical or Mental Incapacit$ this is included as a definition ofincompetence
bull Con4iction of an Offense isciplinary action against a member ho isguilty of an offense that is relevant to the member-s suitability to practice
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ISCIPLINAR PROCESS
hen a complaint of negligence incompetence or professional misconduct ismade against a licensed professional engineer it sets in motion a Fstageprocess of
bull Gathering nformationbull Evaluating the 6omplaint
bull 6onducting a 3ormal gtearing that enders 4udgment
Stipulated Order A simpler form of disciplinary hearing for less serious casesThe decision of guilt or innocence is decided by one representative and the resulthas no appeal process =oth parties agree to the outcome
f a member or licensee should be found guilty the iscipline 6ommittee can
bull suspend or revo7e your licensebull impose restriction on your license
bull require the member to be counseled or reprimanded
bull ma7e you pay cost of investigation or hearing
bull ma7e you rite eams or ta7e courses
bull impose up to a M01111 fine
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CHAPTER 8 Maintainin Professional Competence
Engineers have the privilege of selfregulation a privilege accompanied by acorresponding duty to maintain competence and avoid professionalobsolescence
The process requires engineers ampand engineering corporations to maintaincompetence by
bull enineerin practice or emplo$ment
bull formal education amp+niversity or Association courses
bull informal education ampshort courses or seminarsbull pu1lications
bull participation in enineerin societies
bull 1encmarin ampcomparing your practices against best practices
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CHAPTER 8 Enineerin Societies
The maor purpose of engineering societies is to encourage research into netheories or methods to collect and classify this ne information and todisseminate it to members so that it can be put to good use
The difference beteen an association and a society is that the Associationregulates professional behavior and the $ocieties disseminate engineeringinformation $o you should be a member of both
$ocieties have been established by groups of engineers hose commoninterests are based on
bull discipline
bull product
bull facility
bull evaluation
bull function
bull environment
bull language
bull geographical area
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THE CONCEPTS OF PROFESSIONALISM
PROFESSION
bull A learned calling ith specialized 7noledge
bull Performs services ith advanced 7noledge s7ill and udgment in hich
the public trusts
bull gtas public obligation and performs services in the general public interest
bull s bound by an ethical code in its relationship ith the public clientsemployees and colleagues
bull Accepts responsibility to regulate professional members and professionalservices provided to clients and the public
Engineering is a profession that is selfo4ernin and has the authority todiscipline members ho fail to comply ith proper standards of practice andconduct
The engineering profession is
bull highly organized
bull minimum standards of admissionbull regulate the activities of their members amps7illed practice and ethical conduct
bull promote the advancement of 7noledge
Professionals depend on the confidence ofbull the client or employer
bull the public
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ECEENCE
A shared commitment ith your peers to strive for ecellence
ETHICS
Ethics deals ith voluntary actions ta7en by an individual ith sufficient7noledge of options available
The COE OF ETHICS shapes the practice in to important aysbull provides a commonest of values hich offers a reliable professional
product to the public
bull professional relationship of trust ith the public is fundamental
APE$$A COE OF ETHICS
Professional Engineers shall recognize that professional ethics is founded uponintegrity competence dignity and devotion to service
8 P En sall old paramount7 te ealt7 safet$ and ampelfare of te pu1lic and en4ironment
bull They have an obligation to report conditions hich present an
immediate threat to safety health elfare or the environment
bull t should first be reported to the professionals involved then to
corporate or regulatory authorities
PEn sall undertae onl$ ampor tat te$ are competent to perform 1$teir trainin and eperience
bull Professional members should ensure to the best of their ability thatstatements on engineering matters attributed to them properly reflecttheir professional opinion
Stampin and Sinin ocuments8
bull Professionals shall only stamp and sign documents that they haveprepared or that have been prepared under their direct supervision andcontrol
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bull hen or7 is prepared by others they shall only stamp and sign afterhaving thoroughly revieed the or7 and accepted responsibility for it
bull Engineers ho apply their seals or stamps to reports plans or otherdocuments are stating that they understand and are in agreement ith
these documents
bull The absence of a seal or stamp does not necessarily indicate that aprofessional member has not revieed the document not does itrelieve the member from professional or legal responsibility if it can beshon that he or she as involved ith the or7
B P En sall conduct temsel4es ampit interit$7 onest$7 fairness ando1ecti4it$ in teir professional acti4ities
bull A client-s or employer-s interests should be held in high regard gtoeverthe folloing duties ta7e precedencelt
o duty to protect public safety
o duty to the professions under the 6ode of Ethics
o duty to act fairly to all parties hen administering a contract on
behalf of a client or employer
bull Professionals should 7eep confidential all information that is acquired inthe course of their professional duties and that concerns the businessaffairs of present or past clientsemployees
gt PEn sall compl$ ampit applica1le statutes7 reulations and 1$laamps inteir professional practice
bull Professionals should maintain adequate 7noledge of the la relating totheir area of practice
bull esponsible n4ironmntal mana+mnt comutr softar anddiscrimination are a fe of the subects covered under this ule
PEn sall upold and enance te onor7 dinit$7 and reputation of teir professions7 and te a1ilit$ to ser4e te pu1lic interest
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bull Advertisements proposals and presentations should be factual clearand dignified
bull A professional should be careful to give due credit to others
bull nly revie the or7 of another professional hen they have beeninformed unless there is a confidentiality agreement to the client
bull gtelp ET-s
APE$$A COE OF ETHICS
0 P Eng shall hold paramount the DealtD safet6 and elfare of tDe pulic and enironment
B PEng shall underta7e only or tDat tDe6 are competent to perform bytheir training and eperience
F P Eng shall conduct themselves ith interit6 Donest6 fairness and
oGectiit6 in their professional activities
K PEng shall compl6 itD applicale statutes reulations and 62las intheir professional practice
H PEng shall uphold and enhance the Donor dinit6 and reputation of their professions and the ability to sere tDe pulic interest
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COPRI$HTS
9RiDt to cop6
nly the oner of the or7 is alloed to reproduce the or7 or permit others tocopy it
Plaiarism is copying someone else-s or7 and claiming it as your on
Fair ealin +se or reproduction of or7 for private study research criticismrevie or nes reporting
Cop6riDts appl6 to8bull iterar$ ampors boo7s poems pamphlets computer programs
bull ramatic ampors films videos plays scripts
bull Musical ampors compositions ampords and music
bull Artistic ampors paintings draings maps photos sculptures architects
Also to8bull Performer(s performances actors musicians dancers
bull Communication Sinals broadcasters
bull Sound Recordins
6opyright is restricted to the epression in a fied manner amptet recordingdraing of an ideaL it does not etend to the idea itself
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3acts ideas and nes are all considered public property
6opyright does apply tobull $ong
bull )ovel
bull Playbull (agazine article
bull 6omputer program
bull ideo 6assettes (ovies
6opyright does NOT apply tobull $ong titlebull Plot ideabull Play of gtamletbull 3acts in an articlebull )ame of a computer programbull (a7ing a copy of a musical tape amproyalties have been paid already
bull 6opies for educational institutions ampcan 7eep radio and nes tapes for 0 year
bull )onprofit libraries archives and museumshen you create a or7 you automatically have copyright protection providedthat at the time of creation you ere a 6anadian 6itizen or a resident in a countrythat participates in 6opyright rules
Autorsip The person that creates the or7
Oampnersip f you are the creator of the or7 you on the copyright f you
create a or7 hile employed the copyright belongs to the employer ou canlegally transfer your rights to someone else then they on the copyright
uration 6opyright ampintellectual property lasts for the life of the author N H1years
Moral Rits Even if you sell your copyright you still retain moral rightsltThis means that no one including the person ho ons the copyright candistort mutilate or modify your or7 ampchange the ending use for a commercial etc
(oral rights eist for the same length as the copyrightou cannot sell or transfer your moral rights but you can aive them
RE$ISTRATION OF A COPRI$HT
ou do not have to register a copyright to have protection in 6anada
f you choose to register ith the copyright office you receive a certificate hichcan be used to your advantage if your or7 is infringed t is evidence that it is
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your or7 and you are the oner n a dispute you do not have to proveonership
ou send the application to the 6opyright office and you do not send your or7in ou may need to send a copy to the )ational ibrary of 6anada but the
6opyright office doesn-t revie your or7 at all
There is no requirement to mar7 your or7 under the 6opyright Act ou canmar7 it li7e this
)ame ear copy e 4ane oe 09I copy
ou can use this format even if you have not registered your or7
The 6opyright ffice is not responsible for ensuring that your copyright is notbeing infringedCCthis is your ob ou have to launch legal action yourself and
the courts are left to decide
Assinment As the oner you may decide i4e up part or all of $our rits toanother party The assignment may be for the hole term or for ust a certainpart of the term
icense ou as the oner give someone else permission to use your or7 forcertain purposes and under certain conditions but you still retain onership oudo not i4e up $our rits
Ro$alties (oney paid to the copyright oner as commission for sales of theiror7 or permission to use them
Tariffs $et fees that users must pay for using certain copyright material
Collecti4es an organization that collects royalties on behalf of its members
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TRAEMARampS
A trade2mar is a ord symbol or design to distinguish the products or servicesof an organization or person from others t can also represent a reputation
Ordinar$ Mars ords or symbols that distinguish your product or service ampe Giddy+p
Certification Mars identify ares or services that meet a defined standardThey are oned by one person but licensed to others to identify ares orservices hich meet a defined standard ampe oolmar7 APEGGA seal
istinuisin uise identifies the unique shape of a product or its pac7ageampe eggs Egg
A trade name is the name under hich you conduct your business The tradename can be registered under the Trade(ar7s Act only if it is also used as aTrademar7 ampto identify products or services
RE$ISTERIN$ A TRAE2MARamp
The Reistered Trade2Mar is one that is entered on the Trademar7s registerou are not required to register your trademar7 if you use it for a certain lengthof time you can establish onership by 6ommon a
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bull egistration of your trademar7 gives you the eclusive right to use the mar7across Canada for 8 $ears then you have to rene it
bull t is recommended that you register your Trade(ar7 in case someone elsetries to use it
bull f you fail to use the mar7 for an etended period your registration may becancelled
bull ou can register a trademar7 by filing an application for registration ith theTrademar7s ffice our trade2mar must e used in Canada efore itcan e reistered+
RE$ISTRATION QALIFICATIONS
bull 6annot be primarily your full name or surname ampunless you can prove it is already
identified
bull ou may not register a ord that clearly describes a feature of the product orservice ampseet uicy
bull The ord cannot be clearly misleading ampdeceptively misdescriptive ampe sugarseet if it has no sugar
bull ou may not register a ord that clearly designates the place of origin of theproduct or service or if it misleads the public into thin7ing that the productcomes from there ampParis 3ashions Atlantic 6od but you can use )orth Pole =ananasbecause no one ould epect them to come from there
bull ou can use a disclaimer statement indicating that you are not claimingeclusive rights for certain ords appearing in the trademar7 n this ayyou can use clearly descriptive ords hich are unregisterable on their onampce 6ream in =ob-s ce 6ream
bull )ames of products in other languages cannot be registered ampurstlt is Germanfor sausage
bull 6annot be registered if it consists or a plant variety denomination
bull ou cannot use ords symbols sounds or ideas that are confusingly similar
to a registered trademar7 or a pending mar7 amp2ing og 3ood and 2ing 6at 3oodould be refused
bull ou cannot register a trademar7 that resembles certain official symbolsunless you have the consent of the authority in question
o fficial government symbols
o 3amily coats of arms
o =adges and crests or 6(P
o Emblems and names of ed 6ross or +)
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o 3lags of other countries
o $ymbols of provinces
=efore you try to register your trademar7 do a search and include trade namesas ell
After you have a registered trademar7 to 7eep it you mustLbull Pay the registration fees every 0H years
bull +se the trademar7 in 6anada or it ill be epunged
Assinment to sell or transfer your rights to a trademar7 to another party
Marin ReDuirements The Trade(ar7s Act does )T have anyrequirements but many oners indicate their registration through the folloingmar7s
983214 O registered trademar7
991522 O trademar7$( O service mar7
The Trade(ar7 ffice ill prevent anyone else from registering your trademar7but it is your responsibility to monitor the mar7etplace and ta7e legal action ifsomeone is using your trademar7
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PATENTS
A patent is
bull A document protecting the rights of the inventor
bull A repository of useful technical information for the public
The idea is to promote the sharing of technological information hile giving you amonopoly on your creation
ith a patent the government gives the inventor the right to eclude others fromma7ing or selling your invention
The invention is protected from the day the patent is granted to a maimum of =6ears after the day you filed your application
The Patent ffice then epects you to provide a full description of your inventionso that all 6anadians can benefit from this technology They allo your
application to be open gt montDs from the filing date during the con4ention priorit$ date
Patent applications are made pulic gt montDs after the 6anadian 3iling ate
ou must obtain a valid patent ithin 8 $ear of main te product pu1lic
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A 6anadian patent is only etended throughout 6anada ou must apply forpatent rights in other countries separately
t is important to 7eep your invention secret until your first patent application isfiled in order to preserve your rights to file later in most foreign countries
3or an invention to be patented it must be
bull NO0ET= 3irst in the orld
bull )TIIT= 3unctional and operative
bull INGEN)IT= $ho inventive ingenuity and not be obvious to someones7illed in that area
The folloing items are patentable
bull Product ampdoor loc7
bull A composition ampchemical composition li7e lubricant
bull An apparatus ampmachine to ma7e door loc7s
bull A process ampmethod
bull An improvement on any of these
The idea alone is not patentable t must be reduced to something physical
ou CANNOT patentbull A scientific principle
bull An abstract theorem
bull An idea
bull A method of doing businessbull A computer program
bull A medical treatmentn 6anada patents are given to the first inventor to file an application
f you invent something hile or7ing for an employer on the employer-s timeith the employer-s materials at the epense of the employer the inventionrights still belong to you unless you have been hired by the company to inventpatentable inventions
PATENT APPLICATION
+ $et a Patent Aent
+ Preliminar6 SearcD
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bull ou can do a preliminary search in the online database or visit the Patentffice in person
0+ Preparin tDe Patent Application
bull A patent application must consist ofo a1stract ampbrief description
o specification ampclaims and boundaries of protection
o draampins
3+ File 6our Application4+ Reuest eBamination5+ EBaminer does searcD and approes or oGects+lt+ Respond to an6 oGectionsgt+ Patent ranted or oGected+
CONENTION PRIORIT
(any countries belong to the Paris 6onvention for the Protection of ndustrialProperty
This treaty allos you to invo7e convention prioritylt hich means that your filingdate in one member country ill be recognized by all others provided you file inthose countries ithin the first year
ampe if you file in 6anada in 4anuary B111 you could file up to one year later in most countriesamp4anuary B110 and still receive the same rights as if you filed in B111
PATENT COOPERATION TREAT (PCT)
t provides a standardized international filing procedure for foreign patents hichis shared by our principal trading partners including the +$ 4apan and mostEuropean countriesou may file for a patent in as many as 01I member countries through a singleapplication filed in 6anada
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INSTRIAL ESI$N
An Industrial esin is the features of shape configuration pattern or ornamentapplied to a finished article made by hand tool or machine ampappealing to the eye
There is no time limit for filing an application as long as the design has neverbeen published ampmade public to anyone
ou must file ithin 6ear of going public ith your design or you ill lose youreclusive rights to the design
The advantage of registering your industrial design is that it gives you eclusive
right to your design for up to = 6ears from tDe date of reistration
+nless you register your design you can ma7e no legal claim of onership andhave no legal protection from imitation
nly the proprietor ampcreator of the design may obtain registration unless youhave been hired to develop a design Then the hirer is the proprietor
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Trade Secret industrial 7noho or valuable information acquired by abusiness t could be a
bull formula
bull pattern
bull device
bull compilation of info used to give you an advantage over the competitors
ou cannot registerbull That don-t have visual appeal
bull 3eatures that are hidden from vie or too small to appeal to the eye
bull A method of construction
bull An idea
bull (aterials used in construction
bull 3unction of an article
bull 6olor
ESI$N RE$ISTRATION
The application ill includebull Application forms ampdescription
bull At least one draing or photograph
bull 3ees
The process ill include
bull nitial processing
bull Eamination
bull egistration
ou do not have to mar7 your design in order to indicate that it is registered butmar7ing it gives you etra protection
As proprietor you may ta7e legal action against anyone ho infringes on yourdesign in 6anada but you must ta7e action ithin F years of the incident
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An 9assinment occurs hen you sell all or part of your rights in the designpermanently to another party
ou can 9license another user to allo someone else to use your design but
you still retain onership
To have your design protected in other countries you must apply separately ineach country
ou have 5 montDs to file for 9conention priorit6+ampe you apply to register in 6anada in 4anuary B111 then you have until 4uly B111 to file in other 6onvention countries and receive the same rights as if it ere 4anuary B111
LA FOR PROFESSIONAL EN$INEERS OOamp
CHAPTER 8 Te Canadian eal S$stem
The legal system of 6anada is based on the English common2lalt system andthe English courts of euit6lt system ampudgemade la and is calledCOMMON2LAlt
The 3ederal 6ourt of 6anada has urisdiction over federal matters such aspatents trademar7s and copyrights
Pu1lic aamp deals ith the rights and obligations of government ampcriminal and6onstitutional la
Pri4ate aamp deals ith the rights and obligations of individuals or private organizations ampCONTRACT AN TORT LA
Termsbull itigation lasuit
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bull Plaintiff party bringing the actionbull efendant party defending the actionbull Appellant party appealing the decisionbull espondent party see7ing to uphold a decisionbull Privity of contract legal relationship beteen parties to a contract
bull 6reditor party to hom an amount is oingbull ebtor party that oes an amount to creditor bull $uarantee A guarantees = the debt of 6omp amphen = doesn-t get paid
= goes to 6omp first then to A
bull Indemnification a promise to directly compensate or reimburseanother party for a loss or cost incurred f Aindemnifies = the debt of 6omp amphen = doesn-t get paid =goes directly to A
CHAPTER usiness Oraniations
Sole Proprietorsip an individual carries on business by and for himself andalso enoys the profits and incurs any losses personally
Partnersip an association of persons ho conduct business in common ith avie to profit ndividuals or organizations share profits and losses
Corporation an entity unto itself distinct from its oners ampfictitious personThe corporation itself ons its assets and incurs its on liabilities
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CHAPTER B International Considerations
t is etremely important to obtain advice from an appropriately eperiencedlayer in the foreign country or have the advice of a consultant in that countryt is ise to purchase political ris7 insurance and to use careful udgment together ith a local influential partner
$ome potential ris7s of or7ing internationally are
bull Political Ris is one of the more obvious ris7 factors in or7inginternationally The 6hanges in government can lead to significant policychanges
bull Licensin reuirements and obtaining necessary permits and approvalsin a foreign country under different legal systems can be timeconsuming
bull Financial Riss due to currency echange and controls or restrictions onthe transfer of funds out of the country
bull Contract documents and forms used on proects may be different
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CHAPTER gt Tort ia1ilit$
Tort8 generally refers to a private or civil rong or inury one that involvesnegligence and that may arise independently of contract ampcar driver and victim
amphich includes financial loss hen based on a professional-s opinion
The fundamental purpose of tort la is to compensate ictims of tortsPunishment of negligent rongdoers IS NOT a purpose of tort la
Professional liability insurance should provide protection if an engineer-snegligence results in damage arising in tort
n order to satisfy the courts that compensation should be made the plaintiff in atort action must prove that
bull The defendant oed the plaintiff a duty of care
bull The defendant breached that duty by his conduct
bull The defendant-s conduct caused the inury to the plaintiff
f any 0 of these F aspects is not proven to the satisfaction of the courts theplaintiff ill not in
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A significant factor in a tort action is the establishment of the standard of carerequired of the defendant
The standard is applied based on the premise that engineers have a duty to use
the reasonable care and s7ill of engineers of ordinary competence Thereasonable carelt is measured by applicable professional standards of theengineering profession at the time the services ere performed
Strict ia1ilit$ manufacturers and employers are held strictly liable hen faultis not necessary if compensation is to be provided ampnot yet upheld in 6anadaampe All employees ma7e contributions on behalf of employees and if someone is inuredcompensation is provided ith no finding of faultampe A manufacturer may be strictl6 lialelt if for any damages that result from the use of theirproduct
0icarious ia1ilit$ The employer is responsible for damaged caused by its
employees The employer provides compensation because it is presumed thatthe employer is in a better financial position than the employee
Concurrent Tortfeasors hen more than one party is liable in a tort actionThe defendant-s together are called concurrent tortfeasors
Products ia1ilit$ The plaintiff must be able to establish that damage hasclearly resulted from appropriate use of a product and the defendantmanufacturer must then persuade the court that at the time the manufacturercould not have foreseen the defective nature of the goods manufactured6anada has not yet ta7en a strict liability approach on products as the +$ has
Products liability has developed through principles of both contract la and tortla The tort concept of fault has been applied and implied contractualarranties that the product is effective and the contract of a sale must also eist
n productsliability matters economic losses ampin the absence of physical inurymay in some circumstances be recoverable
Standards of Care and ut$ to 5arn A manufacturer must arn theconsumer of any dangerous potential of the product by appropriate labeling
Oter Tortsbull Tort of defamation8 ampif the statements that damage the reputation are true there is
no liability
o ibel D in riting
o $lander D verbal
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bull Occupiers Liailit68 The occupier of a property must eercise therequired standard of care to ensure the safety of individuals coming ontothat property
bull Tort of Nuisance8 esigned to alleviate undue interference ith the
comfortable and convenient enoyment of the plaintiff-s landampe insecticide spray drifting onto other land
CHAPTER Proof
The burden of proof is on the plaintiff to prove the case against the defendant
Engineers often find themselves ma7ing appearances as eBpert itnesses incourt
The epert is permitted to epress opinions ith respect to his or her area ofepertise and the itness should be cautious and restrict testimony to such
area
ou ill be hired by one side and crosseamined by counsel from the otherparty
Preparation is of the utmost importance in litigation The epert itness shouldclearly understand the issues in the lasuit and be aare of the scope ofquestions that can be reasonably epected
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CHAPTER 28 Contracts
3or a contract to be binding and enforceable the folloing elements must bepresent
bull An offer made and accepted
bull (utual intent to enter into the contract
bull 6onsideration or offer ampan echange of promises each promise representing
something of valueCpayment of money is not essential
bull 6apacity to contract ampcan-t be a minor drun7 or crazyCenforceable by the drun7 if
the other party 7ne they ere intoicatedbull aful purpose 6ontract on-t be enforced if it is unlaful
An offer is a promise made by one person to another
)ot all contracts are in riting
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+ntil it is accepted the offer may be ithdran by the offeror unless it is madeepressly irrevocable by its terms
Irre4oca1le Offers =idders submit offers or tenders that have been madeirrevocable for a specific period of time At any point during that period the offer
may be accepted and a contract ill be formed
Option Contract This contract is another means of 7eeping an offer open for acertain period of timeampe The party purchasing the option may ant do eploration or7 for a period of time beforedeciding to spend a large sum of money on the property
EDuita1le Estoppel A udge can stoplt the strict terms of a contract from beingfolloed if it is proven that the terms had changed outside of the agreementampoften used hen etensions to deadlines are agreed upon and then the person tried to go bac7to the original ritten contract
Pursuant to contract la consideration ampor a seal must be present in order toma7e a change to a contract enforceable D otherise it is ust a promise not laThe courts protect the person in the situation here a promise is ta7en as fullagreement
Statute of Frauds Ensures that certain types of contracts must be in riting tobe enforceable
Rectification This order can be applied for to rectify a contract because of asecretarial or recording mista7e
)nilateral Mistae A mista7e made by only one party to a contract 6ourts illdecide hether a contractor ill be relieved of their mista7e
CHAPTER 8 Tenderin Issues Contract A
a of tendering in 6anada gives the principle that there are B separatecontracts that arise in the tendering process
0 Contract A D the contract of irrevocability ampthat deals ith the tenderingphase
B Contract D the construction contract ampapplies to the construction phase
The number of number of tenders submitted is the number of 6ontract A-s thatare formed
The original tender pac7age contents cannot be changed ithout notifyingeveryone or you are in =reach of 6ontract A
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CHAPTER 82 Contract Interpretation
Parties to a contract sometimes dispute the meaning of part of the contract Todifferent approaches can be ta7en hen interpreting contracts
bull i1eral Approac ta7es into account the intent of the parties and maylead to speculation on that intent
bull Strict Approac focuses on the precise ords in the agreement andmay rely on dictionary meanings
Contra Preferentem hen a contract is ambiguous or unclear it ill beinterpreted against the person that rote it up
Parol E4idence Rule hen verbal agreements outside of the ritten contractare included as rule in a contract n most cases if a condition is agreed uponverbally but is not included in the contract then the condition is not part of thecontract
Implied Terms hen the inclusion of obvious terms of a contract have beenoverloo7ed here it is reasonable implied terms may eist in a contract
CHAPTER 83 iscare of Contracts
There are several ays to discharge a contract
bull Performance hen all parties have completed their respectiveobligations the contract is at an end
bull Areement to iscare Parties in a contract are alays free to amend
the contract or agree to cancel or terminate the contract upon mutuallyagreed terms
bull iscare Pursuant to Epress Terms t is advised to include in acontract terms here all parties may terminate the contract if certainoutside events ere to occur ampe ban7ruptcy
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bull iscare 1$ Frustration hen changing unforeseeablecircumstances occur that may radically change the obligations of theparties
o Force Maeure Provides that the time for completion ill beetended in the event of ar riot flood labor dispute or other
events that are beyond the control of both parties
bull iscare 1$ reac of Contract ne party fail to perform obligations
o iscare 1$ Repudiation hen the party to a contract
epressly tells the other party that they have no intention ofperforming contractual obligations
CHAPTER 86 reac of Contract
f a party to a contract fails to perform obligations specified in the contract thenthat party has breached the contract
The innocent party is entitled to certain remedies depending on the nature of thebreach and the terms of the contract
Condition an obligation that is essential or vital to the contract5arrant$ an obligation that is NOT essential or vital to the contract
A =reach of 6ontract is a cause for discharge only if its effect is to render itpurposeless for the innocent party to proceed further ith performance
Repudiation hen the party to a contract epressly tells the other party thatthey have no intention of performing contractual obligations
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REMIIES
A nondefaulting party is entitled to damages for losses incurred as a result of abreach of contract
irect amaes Actual calculated difference in the cost of having to chooseone service over the other ampthe loest bid is chosen and then they refuse to do the or7so the second loest bid is chosen and the party sues for the monetary difference beteen theloest and second loest bid
Indirect amaes Are consequential to the breach and might include damagesfor lost profits or damages incurred if the contract is not fulfilled
iDuidated amaes Are preestimated damages if certain events ere tooccur that are ritten into the contract under a Penalty 6lause
ltuantum Meruit hen services have been requested and performed but nooutside agreement as reached beteen the parties as to hat payment ouldbe provided in return for the services then the courts can aard the person ithas much as is reasonably deservedlt for time spent and materials supplied
Su1stantial Compliance hen a contractor has substantially complied iththe terms of a contract yet failed to comply ith some minor aspect of thecontract The contractor ill be paid the contract price minus the cost ofdamages caused by the minor problems
Specific Performance hen the courts require a party to perform a contractual
obligation li7e the sale of land or a personal item
Inunction A court order that prohibits or restrains a party from performing anactCHAPTER 9 Fundamental reac
Applies to a contract that contains an eemption clause amphere parties limit theirliability if a breach of contract results and ma7es the eemption ineffective
CHAPTER 8 Areement etampeen Client and Enineer
A contract beteen a client and an engineer must include all of the essentialcontract elements
The document ill not specify the degree of care that is required of the engineerin carrying out the services =ut the engineer is liable for incompetence
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carelessness or negligence that results in damages to the client and for notperforming ith an ordinary and reasonable degree of care and s7ill
CHAPTER Concurrent ia1ilit$ in Tort and Contract
+nless otherise stated in a contract the standard of care epected of anengineer doing a ob is the same standard of care by hich an engineer-sperformance is measured in tort
3or a breach of contract there is a limitation period of I years from date of thebreach in hich to press charges instead of hen it is discovered
n tort the limitation period in hich to press charges starts hen the damagesare first detected
CHAPTER 3 Ar1itration and AR
A lasuit is not alays the best ay to resolve a dispute beteen contractingparties especially technical disputes
Ar1itration or Alternati4e ispute Resolution +AR- t is less costly and lesspublic than litigation
An engineer that is an arbitrator is epected to act impartially and independentlyof the parties to the dispute
The Arbitration Act deals ith the appointment of an arbitrator and sets out astructure or set of rules to govern the conduct of an arbitration unless the partiesagree that some other structure or rules ill apply
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The Act also gives arbitrators the urisdiction to aard preudgment and post udgment interests ust li7e the courts have under the 6ourts of 4ustice Act
Partnerin intended to respond to the need for improved attitudes amongstindustry participants to the importance of teamor7 on proects
This cooperative attitude should assist in resolving proect disputes at an earlystage
) TGAT) and A=TAT) result in a 4+G(E)T TgtAT $=))G
Proect Neutral (proGect manaement oerie) The companies appoint a
proect neutral usually an independent professional eperienced in the industryto be aare of developments on the proect ith a vie to offering unbiasedadvice and decisions
Mediation esolving disputes through the negotiating process involving amediator ho is to provide guidance and to facilitate the settlement process agobeteenlt in communicating proposed settlements
There is no udgmentL the parties need to or7 out their differences
CHAPTER BB Industrial Propert$
Industrial Propert$ Rits ights that generally relate to patents trademar7scopyrights and industrial design
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CDerno6l
April BI 09I reactor number K eploded releasing a huge cloud of radioactive
plutonium cesium and uranium dioide into the atmosphere
Accident occurred during a lopoer test =ecause of the design during loerpoer the ater in the core decreases
To date the number of related deaths is beteen J11101111 They aiteddays even ee7s to admit that it had eploded and they too7 even longer toevacuate the peopleessons earned
bull The possibility of disaster might be very small but it is not zero
bull $uch responsibility should never be treated casually
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CHAPTER 8 Product Safet$7 ltualit$ and ia1ilit$
NE$LI$ENCE AN LIAILIT
Engineers are liable for negligent incompetent or careless acts that result indamages to others including the employer
Engineers are required to use reasonable care established practices and elltested engineering principles
Nelience an act or omission that constitutes a failure to maintain thestandards that a reasonable and prudent practitioner ould maintain in thecircumstances
ITH A CONTRACT8
bull )egligence incompetence or carelessness may be a basis for a lasuit overbreach of contractlt
bull t is good practice to consider all reasonable ays in hich an agreementmay go rong foresee damages and include clauses that specify bonusesfor good results or limits to liability
ITHOT A CONTRACT8 (driin)
bull (ay result in legal liability based on tort la ampinuries or damages
bull To in a claim under tort la the plaintiff must prove
o that the defendant had a duty of care to the plaintiff
o that the defendant breached that dutyo that the loss or damage as a direct result of the defendant-s breach of
duty
iability insurance is a ise investment t is essential for manufacturers thatemploy engineers because of
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0icarious ia1ilit$ the engineer-s employer is liable for any loss or damagethat results from a tort caused by an employee The engineer is protectedfinancially but not from disciplinary action by the Association
PROCT ARRANTIES
5ARRANT= applies to goods and products
bull Epress 5arranties promises that the product has a certain quality or itill perform for a certain period of time
bull Implied 5arranties unstated promises that eist as a matter of common
sense A certain amount of quality or function that is epectedltSTRICT LIAILIT
Product defects and consumer safety the focus is on the product itself and noquestions of negligence arise
A manufacturer may be strictly liable for any damage that results from the use ofhis product even though the manufacturer as not negligent in producing it
G)ARANTEE applies to services and agreements
AICE TO ESI$N EN$INEERS TO AOI PROCT LIAILITIES
bull Formal esin Re4ieamps conceptual feasibility and finalbull Codes and Standards adhere to all government industry and company
standards and codesbull Stateofteart esin Metods ma7e choices that lean toard safety
bull Formal Haard Anal$sis identify hazards try to prevent or eliminate actionplan remedial action
bull Formal Failure Anal$sis 3ailure (odes and Effects Analysis amp3(EA and3ault Tree Analysis amp3TA
bull esin Records 2eep good design records to shoe planning for safety
AICE TO MANFACTRERS
bull ltualit$ Assurance and Testin $ 111
bull Instruction7 5arnin and aner Sins f dangers do eist plan forproper signs to give arnings of danger
bull Instruction Manuals Any product that is dangerous should come ith aservice or instruction manual
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bull 5arranties7 isclaimers and oter Pu1lised Material evie allinformation ith the design engineer and by a products liability layer
bull Consumer Complaints nvestigate claims quic7ly to fi problems early
bull Customer Records gtave good records in case of a recall
OTAININ$ CANAIAN STANARS
6hec7 ith the $tandards 6ouncil of 6anada amp$66 They promote efficient andeffective standardization in 6anada
The $66 manages the )ational $tandards $ystem amp)$$ The )$$ ritestandards certify products test products and register quality systems ofcompanies amp$ 111
The $66 coordinates the 6anadian contribution to $ ampnternational
rganization for standards and E6 ampnternational Electrotechnical 6ommission
ISO === 7 QALIT MANA$EMENT AN QALIT ASSRANCESTANARS
t is a standard for effective management of a manufacturing corporation in orderto maimize the quality of the manufactured products
A 7ey part of the process involves the development of a ualit 3anual thatdocuments the four 7ey aspects of the certification process
bull quality policies for every aspect of the corporation-s operationsbull quality assurance procedures
bull quality process procedures
bull quality proof
ISO 3=== 7 ENIRONMENTAL MANA$EMENT SSTEMS
The process requires the company to eamine every function of its operationsith the goal of identifying activities ith a significant environmental impact andcommitting the company to preventing pollution in all of its many forms
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CHAPTER 8gt isciplinar$ Poampers and Procedures
EFINITION OF PROFESSIONAL MISCONCT
Each Association has the poer to prosecute people ho unlafully practiceprofessional engineering and to discipline licensed engineers ho are guilty ofprofessional misconduct or incompetence
The provincial Acts typically identify I causes for disciplinary action
bull Professional Misconduct Any conduct detrimental to the best interestsof the public or that harms or tends to harm the standing of the profession
generally as unprofessional conduct ampor an act that ould reasonably beregarded as unprofessional
bull Incompetence a lac7 of 7noledge s7ill udgment or disregard for theelfare of the public that demonstrates the member is unfit to carry out theresponsibilities of a professional engineer
bull Nelience carelessness or carrying out or7 that is belo the acceptedstandard of care or performance
bull reac of te Code of Etics
bull P$sical or Mental Incapacit$ this is included as a definition ofincompetence
bull Con4iction of an Offense isciplinary action against a member ho isguilty of an offense that is relevant to the member-s suitability to practice
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ISCIPLINAR PROCESS
hen a complaint of negligence incompetence or professional misconduct ismade against a licensed professional engineer it sets in motion a Fstageprocess of
bull Gathering nformationbull Evaluating the 6omplaint
bull 6onducting a 3ormal gtearing that enders 4udgment
Stipulated Order A simpler form of disciplinary hearing for less serious casesThe decision of guilt or innocence is decided by one representative and the resulthas no appeal process =oth parties agree to the outcome
f a member or licensee should be found guilty the iscipline 6ommittee can
bull suspend or revo7e your licensebull impose restriction on your license
bull require the member to be counseled or reprimanded
bull ma7e you pay cost of investigation or hearing
bull ma7e you rite eams or ta7e courses
bull impose up to a M01111 fine
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CHAPTER 8 Maintainin Professional Competence
Engineers have the privilege of selfregulation a privilege accompanied by acorresponding duty to maintain competence and avoid professionalobsolescence
The process requires engineers ampand engineering corporations to maintaincompetence by
bull enineerin practice or emplo$ment
bull formal education amp+niversity or Association courses
bull informal education ampshort courses or seminarsbull pu1lications
bull participation in enineerin societies
bull 1encmarin ampcomparing your practices against best practices
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CHAPTER 8 Enineerin Societies
The maor purpose of engineering societies is to encourage research into netheories or methods to collect and classify this ne information and todisseminate it to members so that it can be put to good use
The difference beteen an association and a society is that the Associationregulates professional behavior and the $ocieties disseminate engineeringinformation $o you should be a member of both
$ocieties have been established by groups of engineers hose commoninterests are based on
bull discipline
bull product
bull facility
bull evaluation
bull function
bull environment
bull language
bull geographical area
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THE CONCEPTS OF PROFESSIONALISM
PROFESSION
bull A learned calling ith specialized 7noledge
bull Performs services ith advanced 7noledge s7ill and udgment in hich
the public trusts
bull gtas public obligation and performs services in the general public interest
bull s bound by an ethical code in its relationship ith the public clientsemployees and colleagues
bull Accepts responsibility to regulate professional members and professionalservices provided to clients and the public
Engineering is a profession that is selfo4ernin and has the authority todiscipline members ho fail to comply ith proper standards of practice andconduct
The engineering profession is
bull highly organized
bull minimum standards of admissionbull regulate the activities of their members amps7illed practice and ethical conduct
bull promote the advancement of 7noledge
Professionals depend on the confidence ofbull the client or employer
bull the public
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ECEENCE
A shared commitment ith your peers to strive for ecellence
ETHICS
Ethics deals ith voluntary actions ta7en by an individual ith sufficient7noledge of options available
The COE OF ETHICS shapes the practice in to important aysbull provides a commonest of values hich offers a reliable professional
product to the public
bull professional relationship of trust ith the public is fundamental
APE$$A COE OF ETHICS
Professional Engineers shall recognize that professional ethics is founded uponintegrity competence dignity and devotion to service
8 P En sall old paramount7 te ealt7 safet$ and ampelfare of te pu1lic and en4ironment
bull They have an obligation to report conditions hich present an
immediate threat to safety health elfare or the environment
bull t should first be reported to the professionals involved then to
corporate or regulatory authorities
PEn sall undertae onl$ ampor tat te$ are competent to perform 1$teir trainin and eperience
bull Professional members should ensure to the best of their ability thatstatements on engineering matters attributed to them properly reflecttheir professional opinion
Stampin and Sinin ocuments8
bull Professionals shall only stamp and sign documents that they haveprepared or that have been prepared under their direct supervision andcontrol
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bull hen or7 is prepared by others they shall only stamp and sign afterhaving thoroughly revieed the or7 and accepted responsibility for it
bull Engineers ho apply their seals or stamps to reports plans or otherdocuments are stating that they understand and are in agreement ith
these documents
bull The absence of a seal or stamp does not necessarily indicate that aprofessional member has not revieed the document not does itrelieve the member from professional or legal responsibility if it can beshon that he or she as involved ith the or7
B P En sall conduct temsel4es ampit interit$7 onest$7 fairness ando1ecti4it$ in teir professional acti4ities
bull A client-s or employer-s interests should be held in high regard gtoeverthe folloing duties ta7e precedencelt
o duty to protect public safety
o duty to the professions under the 6ode of Ethics
o duty to act fairly to all parties hen administering a contract on
behalf of a client or employer
bull Professionals should 7eep confidential all information that is acquired inthe course of their professional duties and that concerns the businessaffairs of present or past clientsemployees
gt PEn sall compl$ ampit applica1le statutes7 reulations and 1$laamps inteir professional practice
bull Professionals should maintain adequate 7noledge of the la relating totheir area of practice
bull esponsible n4ironmntal mana+mnt comutr softar anddiscrimination are a fe of the subects covered under this ule
PEn sall upold and enance te onor7 dinit$7 and reputation of teir professions7 and te a1ilit$ to ser4e te pu1lic interest
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bull Advertisements proposals and presentations should be factual clearand dignified
bull A professional should be careful to give due credit to others
bull nly revie the or7 of another professional hen they have beeninformed unless there is a confidentiality agreement to the client
bull gtelp ET-s
APE$$A COE OF ETHICS
0 P Eng shall hold paramount the DealtD safet6 and elfare of tDe pulic and enironment
B PEng shall underta7e only or tDat tDe6 are competent to perform bytheir training and eperience
F P Eng shall conduct themselves ith interit6 Donest6 fairness and
oGectiit6 in their professional activities
K PEng shall compl6 itD applicale statutes reulations and 62las intheir professional practice
H PEng shall uphold and enhance the Donor dinit6 and reputation of their professions and the ability to sere tDe pulic interest
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COPRI$HTS
9RiDt to cop6
nly the oner of the or7 is alloed to reproduce the or7 or permit others tocopy it
Plaiarism is copying someone else-s or7 and claiming it as your on
Fair ealin +se or reproduction of or7 for private study research criticismrevie or nes reporting
Cop6riDts appl6 to8bull iterar$ ampors boo7s poems pamphlets computer programs
bull ramatic ampors films videos plays scripts
bull Musical ampors compositions ampords and music
bull Artistic ampors paintings draings maps photos sculptures architects
Also to8bull Performer(s performances actors musicians dancers
bull Communication Sinals broadcasters
bull Sound Recordins
6opyright is restricted to the epression in a fied manner amptet recordingdraing of an ideaL it does not etend to the idea itself
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3acts ideas and nes are all considered public property
6opyright does apply tobull $ong
bull )ovel
bull Playbull (agazine article
bull 6omputer program
bull ideo 6assettes (ovies
6opyright does NOT apply tobull $ong titlebull Plot ideabull Play of gtamletbull 3acts in an articlebull )ame of a computer programbull (a7ing a copy of a musical tape amproyalties have been paid already
bull 6opies for educational institutions ampcan 7eep radio and nes tapes for 0 year
bull )onprofit libraries archives and museumshen you create a or7 you automatically have copyright protection providedthat at the time of creation you ere a 6anadian 6itizen or a resident in a countrythat participates in 6opyright rules
Autorsip The person that creates the or7
Oampnersip f you are the creator of the or7 you on the copyright f you
create a or7 hile employed the copyright belongs to the employer ou canlegally transfer your rights to someone else then they on the copyright
uration 6opyright ampintellectual property lasts for the life of the author N H1years
Moral Rits Even if you sell your copyright you still retain moral rightsltThis means that no one including the person ho ons the copyright candistort mutilate or modify your or7 ampchange the ending use for a commercial etc
(oral rights eist for the same length as the copyrightou cannot sell or transfer your moral rights but you can aive them
RE$ISTRATION OF A COPRI$HT
ou do not have to register a copyright to have protection in 6anada
f you choose to register ith the copyright office you receive a certificate hichcan be used to your advantage if your or7 is infringed t is evidence that it is
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your or7 and you are the oner n a dispute you do not have to proveonership
ou send the application to the 6opyright office and you do not send your or7in ou may need to send a copy to the )ational ibrary of 6anada but the
6opyright office doesn-t revie your or7 at all
There is no requirement to mar7 your or7 under the 6opyright Act ou canmar7 it li7e this
)ame ear copy e 4ane oe 09I copy
ou can use this format even if you have not registered your or7
The 6opyright ffice is not responsible for ensuring that your copyright is notbeing infringedCCthis is your ob ou have to launch legal action yourself and
the courts are left to decide
Assinment As the oner you may decide i4e up part or all of $our rits toanother party The assignment may be for the hole term or for ust a certainpart of the term
icense ou as the oner give someone else permission to use your or7 forcertain purposes and under certain conditions but you still retain onership oudo not i4e up $our rits
Ro$alties (oney paid to the copyright oner as commission for sales of theiror7 or permission to use them
Tariffs $et fees that users must pay for using certain copyright material
Collecti4es an organization that collects royalties on behalf of its members
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TRAEMARampS
A trade2mar is a ord symbol or design to distinguish the products or servicesof an organization or person from others t can also represent a reputation
Ordinar$ Mars ords or symbols that distinguish your product or service ampe Giddy+p
Certification Mars identify ares or services that meet a defined standardThey are oned by one person but licensed to others to identify ares orservices hich meet a defined standard ampe oolmar7 APEGGA seal
istinuisin uise identifies the unique shape of a product or its pac7ageampe eggs Egg
A trade name is the name under hich you conduct your business The tradename can be registered under the Trade(ar7s Act only if it is also used as aTrademar7 ampto identify products or services
RE$ISTERIN$ A TRAE2MARamp
The Reistered Trade2Mar is one that is entered on the Trademar7s registerou are not required to register your trademar7 if you use it for a certain lengthof time you can establish onership by 6ommon a
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bull egistration of your trademar7 gives you the eclusive right to use the mar7across Canada for 8 $ears then you have to rene it
bull t is recommended that you register your Trade(ar7 in case someone elsetries to use it
bull f you fail to use the mar7 for an etended period your registration may becancelled
bull ou can register a trademar7 by filing an application for registration ith theTrademar7s ffice our trade2mar must e used in Canada efore itcan e reistered+
RE$ISTRATION QALIFICATIONS
bull 6annot be primarily your full name or surname ampunless you can prove it is already
identified
bull ou may not register a ord that clearly describes a feature of the product orservice ampseet uicy
bull The ord cannot be clearly misleading ampdeceptively misdescriptive ampe sugarseet if it has no sugar
bull ou may not register a ord that clearly designates the place of origin of theproduct or service or if it misleads the public into thin7ing that the productcomes from there ampParis 3ashions Atlantic 6od but you can use )orth Pole =ananasbecause no one ould epect them to come from there
bull ou can use a disclaimer statement indicating that you are not claimingeclusive rights for certain ords appearing in the trademar7 n this ayyou can use clearly descriptive ords hich are unregisterable on their onampce 6ream in =ob-s ce 6ream
bull )ames of products in other languages cannot be registered ampurstlt is Germanfor sausage
bull 6annot be registered if it consists or a plant variety denomination
bull ou cannot use ords symbols sounds or ideas that are confusingly similar
to a registered trademar7 or a pending mar7 amp2ing og 3ood and 2ing 6at 3oodould be refused
bull ou cannot register a trademar7 that resembles certain official symbolsunless you have the consent of the authority in question
o fficial government symbols
o 3amily coats of arms
o =adges and crests or 6(P
o Emblems and names of ed 6ross or +)
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o 3lags of other countries
o $ymbols of provinces
=efore you try to register your trademar7 do a search and include trade namesas ell
After you have a registered trademar7 to 7eep it you mustLbull Pay the registration fees every 0H years
bull +se the trademar7 in 6anada or it ill be epunged
Assinment to sell or transfer your rights to a trademar7 to another party
Marin ReDuirements The Trade(ar7s Act does )T have anyrequirements but many oners indicate their registration through the folloingmar7s
983214 O registered trademar7
991522 O trademar7$( O service mar7
The Trade(ar7 ffice ill prevent anyone else from registering your trademar7but it is your responsibility to monitor the mar7etplace and ta7e legal action ifsomeone is using your trademar7
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PATENTS
A patent is
bull A document protecting the rights of the inventor
bull A repository of useful technical information for the public
The idea is to promote the sharing of technological information hile giving you amonopoly on your creation
ith a patent the government gives the inventor the right to eclude others fromma7ing or selling your invention
The invention is protected from the day the patent is granted to a maimum of =6ears after the day you filed your application
The Patent ffice then epects you to provide a full description of your inventionso that all 6anadians can benefit from this technology They allo your
application to be open gt montDs from the filing date during the con4ention priorit$ date
Patent applications are made pulic gt montDs after the 6anadian 3iling ate
ou must obtain a valid patent ithin 8 $ear of main te product pu1lic
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A 6anadian patent is only etended throughout 6anada ou must apply forpatent rights in other countries separately
t is important to 7eep your invention secret until your first patent application isfiled in order to preserve your rights to file later in most foreign countries
3or an invention to be patented it must be
bull NO0ET= 3irst in the orld
bull )TIIT= 3unctional and operative
bull INGEN)IT= $ho inventive ingenuity and not be obvious to someones7illed in that area
The folloing items are patentable
bull Product ampdoor loc7
bull A composition ampchemical composition li7e lubricant
bull An apparatus ampmachine to ma7e door loc7s
bull A process ampmethod
bull An improvement on any of these
The idea alone is not patentable t must be reduced to something physical
ou CANNOT patentbull A scientific principle
bull An abstract theorem
bull An idea
bull A method of doing businessbull A computer program
bull A medical treatmentn 6anada patents are given to the first inventor to file an application
f you invent something hile or7ing for an employer on the employer-s timeith the employer-s materials at the epense of the employer the inventionrights still belong to you unless you have been hired by the company to inventpatentable inventions
PATENT APPLICATION
+ $et a Patent Aent
+ Preliminar6 SearcD
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bull ou can do a preliminary search in the online database or visit the Patentffice in person
0+ Preparin tDe Patent Application
bull A patent application must consist ofo a1stract ampbrief description
o specification ampclaims and boundaries of protection
o draampins
3+ File 6our Application4+ Reuest eBamination5+ EBaminer does searcD and approes or oGects+lt+ Respond to an6 oGectionsgt+ Patent ranted or oGected+
CONENTION PRIORIT
(any countries belong to the Paris 6onvention for the Protection of ndustrialProperty
This treaty allos you to invo7e convention prioritylt hich means that your filingdate in one member country ill be recognized by all others provided you file inthose countries ithin the first year
ampe if you file in 6anada in 4anuary B111 you could file up to one year later in most countriesamp4anuary B110 and still receive the same rights as if you filed in B111
PATENT COOPERATION TREAT (PCT)
t provides a standardized international filing procedure for foreign patents hichis shared by our principal trading partners including the +$ 4apan and mostEuropean countriesou may file for a patent in as many as 01I member countries through a singleapplication filed in 6anada
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INSTRIAL ESI$N
An Industrial esin is the features of shape configuration pattern or ornamentapplied to a finished article made by hand tool or machine ampappealing to the eye
There is no time limit for filing an application as long as the design has neverbeen published ampmade public to anyone
ou must file ithin 6ear of going public ith your design or you ill lose youreclusive rights to the design
The advantage of registering your industrial design is that it gives you eclusive
right to your design for up to = 6ears from tDe date of reistration
+nless you register your design you can ma7e no legal claim of onership andhave no legal protection from imitation
nly the proprietor ampcreator of the design may obtain registration unless youhave been hired to develop a design Then the hirer is the proprietor
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Trade Secret industrial 7noho or valuable information acquired by abusiness t could be a
bull formula
bull pattern
bull device
bull compilation of info used to give you an advantage over the competitors
ou cannot registerbull That don-t have visual appeal
bull 3eatures that are hidden from vie or too small to appeal to the eye
bull A method of construction
bull An idea
bull (aterials used in construction
bull 3unction of an article
bull 6olor
ESI$N RE$ISTRATION
The application ill includebull Application forms ampdescription
bull At least one draing or photograph
bull 3ees
The process ill include
bull nitial processing
bull Eamination
bull egistration
ou do not have to mar7 your design in order to indicate that it is registered butmar7ing it gives you etra protection
As proprietor you may ta7e legal action against anyone ho infringes on yourdesign in 6anada but you must ta7e action ithin F years of the incident
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An 9assinment occurs hen you sell all or part of your rights in the designpermanently to another party
ou can 9license another user to allo someone else to use your design but
you still retain onership
To have your design protected in other countries you must apply separately ineach country
ou have 5 montDs to file for 9conention priorit6+ampe you apply to register in 6anada in 4anuary B111 then you have until 4uly B111 to file in other 6onvention countries and receive the same rights as if it ere 4anuary B111
LA FOR PROFESSIONAL EN$INEERS OOamp
CHAPTER 8 Te Canadian eal S$stem
The legal system of 6anada is based on the English common2lalt system andthe English courts of euit6lt system ampudgemade la and is calledCOMMON2LAlt
The 3ederal 6ourt of 6anada has urisdiction over federal matters such aspatents trademar7s and copyrights
Pu1lic aamp deals ith the rights and obligations of government ampcriminal and6onstitutional la
Pri4ate aamp deals ith the rights and obligations of individuals or private organizations ampCONTRACT AN TORT LA
Termsbull itigation lasuit
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bull Plaintiff party bringing the actionbull efendant party defending the actionbull Appellant party appealing the decisionbull espondent party see7ing to uphold a decisionbull Privity of contract legal relationship beteen parties to a contract
bull 6reditor party to hom an amount is oingbull ebtor party that oes an amount to creditor bull $uarantee A guarantees = the debt of 6omp amphen = doesn-t get paid
= goes to 6omp first then to A
bull Indemnification a promise to directly compensate or reimburseanother party for a loss or cost incurred f Aindemnifies = the debt of 6omp amphen = doesn-t get paid =goes directly to A
CHAPTER usiness Oraniations
Sole Proprietorsip an individual carries on business by and for himself andalso enoys the profits and incurs any losses personally
Partnersip an association of persons ho conduct business in common ith avie to profit ndividuals or organizations share profits and losses
Corporation an entity unto itself distinct from its oners ampfictitious personThe corporation itself ons its assets and incurs its on liabilities
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CHAPTER B International Considerations
t is etremely important to obtain advice from an appropriately eperiencedlayer in the foreign country or have the advice of a consultant in that countryt is ise to purchase political ris7 insurance and to use careful udgment together ith a local influential partner
$ome potential ris7s of or7ing internationally are
bull Political Ris is one of the more obvious ris7 factors in or7inginternationally The 6hanges in government can lead to significant policychanges
bull Licensin reuirements and obtaining necessary permits and approvalsin a foreign country under different legal systems can be timeconsuming
bull Financial Riss due to currency echange and controls or restrictions onthe transfer of funds out of the country
bull Contract documents and forms used on proects may be different
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CHAPTER gt Tort ia1ilit$
Tort8 generally refers to a private or civil rong or inury one that involvesnegligence and that may arise independently of contract ampcar driver and victim
amphich includes financial loss hen based on a professional-s opinion
The fundamental purpose of tort la is to compensate ictims of tortsPunishment of negligent rongdoers IS NOT a purpose of tort la
Professional liability insurance should provide protection if an engineer-snegligence results in damage arising in tort
n order to satisfy the courts that compensation should be made the plaintiff in atort action must prove that
bull The defendant oed the plaintiff a duty of care
bull The defendant breached that duty by his conduct
bull The defendant-s conduct caused the inury to the plaintiff
f any 0 of these F aspects is not proven to the satisfaction of the courts theplaintiff ill not in
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A significant factor in a tort action is the establishment of the standard of carerequired of the defendant
The standard is applied based on the premise that engineers have a duty to use
the reasonable care and s7ill of engineers of ordinary competence Thereasonable carelt is measured by applicable professional standards of theengineering profession at the time the services ere performed
Strict ia1ilit$ manufacturers and employers are held strictly liable hen faultis not necessary if compensation is to be provided ampnot yet upheld in 6anadaampe All employees ma7e contributions on behalf of employees and if someone is inuredcompensation is provided ith no finding of faultampe A manufacturer may be strictl6 lialelt if for any damages that result from the use of theirproduct
0icarious ia1ilit$ The employer is responsible for damaged caused by its
employees The employer provides compensation because it is presumed thatthe employer is in a better financial position than the employee
Concurrent Tortfeasors hen more than one party is liable in a tort actionThe defendant-s together are called concurrent tortfeasors
Products ia1ilit$ The plaintiff must be able to establish that damage hasclearly resulted from appropriate use of a product and the defendantmanufacturer must then persuade the court that at the time the manufacturercould not have foreseen the defective nature of the goods manufactured6anada has not yet ta7en a strict liability approach on products as the +$ has
Products liability has developed through principles of both contract la and tortla The tort concept of fault has been applied and implied contractualarranties that the product is effective and the contract of a sale must also eist
n productsliability matters economic losses ampin the absence of physical inurymay in some circumstances be recoverable
Standards of Care and ut$ to 5arn A manufacturer must arn theconsumer of any dangerous potential of the product by appropriate labeling
Oter Tortsbull Tort of defamation8 ampif the statements that damage the reputation are true there is
no liability
o ibel D in riting
o $lander D verbal
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bull Occupiers Liailit68 The occupier of a property must eercise therequired standard of care to ensure the safety of individuals coming ontothat property
bull Tort of Nuisance8 esigned to alleviate undue interference ith the
comfortable and convenient enoyment of the plaintiff-s landampe insecticide spray drifting onto other land
CHAPTER Proof
The burden of proof is on the plaintiff to prove the case against the defendant
Engineers often find themselves ma7ing appearances as eBpert itnesses incourt
The epert is permitted to epress opinions ith respect to his or her area ofepertise and the itness should be cautious and restrict testimony to such
area
ou ill be hired by one side and crosseamined by counsel from the otherparty
Preparation is of the utmost importance in litigation The epert itness shouldclearly understand the issues in the lasuit and be aare of the scope ofquestions that can be reasonably epected
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CHAPTER 28 Contracts
3or a contract to be binding and enforceable the folloing elements must bepresent
bull An offer made and accepted
bull (utual intent to enter into the contract
bull 6onsideration or offer ampan echange of promises each promise representing
something of valueCpayment of money is not essential
bull 6apacity to contract ampcan-t be a minor drun7 or crazyCenforceable by the drun7 if
the other party 7ne they ere intoicatedbull aful purpose 6ontract on-t be enforced if it is unlaful
An offer is a promise made by one person to another
)ot all contracts are in riting
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+ntil it is accepted the offer may be ithdran by the offeror unless it is madeepressly irrevocable by its terms
Irre4oca1le Offers =idders submit offers or tenders that have been madeirrevocable for a specific period of time At any point during that period the offer
may be accepted and a contract ill be formed
Option Contract This contract is another means of 7eeping an offer open for acertain period of timeampe The party purchasing the option may ant do eploration or7 for a period of time beforedeciding to spend a large sum of money on the property
EDuita1le Estoppel A udge can stoplt the strict terms of a contract from beingfolloed if it is proven that the terms had changed outside of the agreementampoften used hen etensions to deadlines are agreed upon and then the person tried to go bac7to the original ritten contract
Pursuant to contract la consideration ampor a seal must be present in order toma7e a change to a contract enforceable D otherise it is ust a promise not laThe courts protect the person in the situation here a promise is ta7en as fullagreement
Statute of Frauds Ensures that certain types of contracts must be in riting tobe enforceable
Rectification This order can be applied for to rectify a contract because of asecretarial or recording mista7e
)nilateral Mistae A mista7e made by only one party to a contract 6ourts illdecide hether a contractor ill be relieved of their mista7e
CHAPTER 8 Tenderin Issues Contract A
a of tendering in 6anada gives the principle that there are B separatecontracts that arise in the tendering process
0 Contract A D the contract of irrevocability ampthat deals ith the tenderingphase
B Contract D the construction contract ampapplies to the construction phase
The number of number of tenders submitted is the number of 6ontract A-s thatare formed
The original tender pac7age contents cannot be changed ithout notifyingeveryone or you are in =reach of 6ontract A
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CHAPTER 82 Contract Interpretation
Parties to a contract sometimes dispute the meaning of part of the contract Todifferent approaches can be ta7en hen interpreting contracts
bull i1eral Approac ta7es into account the intent of the parties and maylead to speculation on that intent
bull Strict Approac focuses on the precise ords in the agreement andmay rely on dictionary meanings
Contra Preferentem hen a contract is ambiguous or unclear it ill beinterpreted against the person that rote it up
Parol E4idence Rule hen verbal agreements outside of the ritten contractare included as rule in a contract n most cases if a condition is agreed uponverbally but is not included in the contract then the condition is not part of thecontract
Implied Terms hen the inclusion of obvious terms of a contract have beenoverloo7ed here it is reasonable implied terms may eist in a contract
CHAPTER 83 iscare of Contracts
There are several ays to discharge a contract
bull Performance hen all parties have completed their respectiveobligations the contract is at an end
bull Areement to iscare Parties in a contract are alays free to amend
the contract or agree to cancel or terminate the contract upon mutuallyagreed terms
bull iscare Pursuant to Epress Terms t is advised to include in acontract terms here all parties may terminate the contract if certainoutside events ere to occur ampe ban7ruptcy
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bull iscare 1$ Frustration hen changing unforeseeablecircumstances occur that may radically change the obligations of theparties
o Force Maeure Provides that the time for completion ill beetended in the event of ar riot flood labor dispute or other
events that are beyond the control of both parties
bull iscare 1$ reac of Contract ne party fail to perform obligations
o iscare 1$ Repudiation hen the party to a contract
epressly tells the other party that they have no intention ofperforming contractual obligations
CHAPTER 86 reac of Contract
f a party to a contract fails to perform obligations specified in the contract thenthat party has breached the contract
The innocent party is entitled to certain remedies depending on the nature of thebreach and the terms of the contract
Condition an obligation that is essential or vital to the contract5arrant$ an obligation that is NOT essential or vital to the contract
A =reach of 6ontract is a cause for discharge only if its effect is to render itpurposeless for the innocent party to proceed further ith performance
Repudiation hen the party to a contract epressly tells the other party thatthey have no intention of performing contractual obligations
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REMIIES
A nondefaulting party is entitled to damages for losses incurred as a result of abreach of contract
irect amaes Actual calculated difference in the cost of having to chooseone service over the other ampthe loest bid is chosen and then they refuse to do the or7so the second loest bid is chosen and the party sues for the monetary difference beteen theloest and second loest bid
Indirect amaes Are consequential to the breach and might include damagesfor lost profits or damages incurred if the contract is not fulfilled
iDuidated amaes Are preestimated damages if certain events ere tooccur that are ritten into the contract under a Penalty 6lause
ltuantum Meruit hen services have been requested and performed but nooutside agreement as reached beteen the parties as to hat payment ouldbe provided in return for the services then the courts can aard the person ithas much as is reasonably deservedlt for time spent and materials supplied
Su1stantial Compliance hen a contractor has substantially complied iththe terms of a contract yet failed to comply ith some minor aspect of thecontract The contractor ill be paid the contract price minus the cost ofdamages caused by the minor problems
Specific Performance hen the courts require a party to perform a contractual
obligation li7e the sale of land or a personal item
Inunction A court order that prohibits or restrains a party from performing anactCHAPTER 9 Fundamental reac
Applies to a contract that contains an eemption clause amphere parties limit theirliability if a breach of contract results and ma7es the eemption ineffective
CHAPTER 8 Areement etampeen Client and Enineer
A contract beteen a client and an engineer must include all of the essentialcontract elements
The document ill not specify the degree of care that is required of the engineerin carrying out the services =ut the engineer is liable for incompetence
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carelessness or negligence that results in damages to the client and for notperforming ith an ordinary and reasonable degree of care and s7ill
CHAPTER Concurrent ia1ilit$ in Tort and Contract
+nless otherise stated in a contract the standard of care epected of anengineer doing a ob is the same standard of care by hich an engineer-sperformance is measured in tort
3or a breach of contract there is a limitation period of I years from date of thebreach in hich to press charges instead of hen it is discovered
n tort the limitation period in hich to press charges starts hen the damagesare first detected
CHAPTER 3 Ar1itration and AR
A lasuit is not alays the best ay to resolve a dispute beteen contractingparties especially technical disputes
Ar1itration or Alternati4e ispute Resolution +AR- t is less costly and lesspublic than litigation
An engineer that is an arbitrator is epected to act impartially and independentlyof the parties to the dispute
The Arbitration Act deals ith the appointment of an arbitrator and sets out astructure or set of rules to govern the conduct of an arbitration unless the partiesagree that some other structure or rules ill apply
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The Act also gives arbitrators the urisdiction to aard preudgment and post udgment interests ust li7e the courts have under the 6ourts of 4ustice Act
Partnerin intended to respond to the need for improved attitudes amongstindustry participants to the importance of teamor7 on proects
This cooperative attitude should assist in resolving proect disputes at an earlystage
) TGAT) and A=TAT) result in a 4+G(E)T TgtAT $=))G
Proect Neutral (proGect manaement oerie) The companies appoint a
proect neutral usually an independent professional eperienced in the industryto be aare of developments on the proect ith a vie to offering unbiasedadvice and decisions
Mediation esolving disputes through the negotiating process involving amediator ho is to provide guidance and to facilitate the settlement process agobeteenlt in communicating proposed settlements
There is no udgmentL the parties need to or7 out their differences
CHAPTER BB Industrial Propert$
Industrial Propert$ Rits ights that generally relate to patents trademar7scopyrights and industrial design
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CHAPTER 8 Product Safet$7 ltualit$ and ia1ilit$
NE$LI$ENCE AN LIAILIT
Engineers are liable for negligent incompetent or careless acts that result indamages to others including the employer
Engineers are required to use reasonable care established practices and elltested engineering principles
Nelience an act or omission that constitutes a failure to maintain thestandards that a reasonable and prudent practitioner ould maintain in thecircumstances
ITH A CONTRACT8
bull )egligence incompetence or carelessness may be a basis for a lasuit overbreach of contractlt
bull t is good practice to consider all reasonable ays in hich an agreementmay go rong foresee damages and include clauses that specify bonusesfor good results or limits to liability
ITHOT A CONTRACT8 (driin)
bull (ay result in legal liability based on tort la ampinuries or damages
bull To in a claim under tort la the plaintiff must prove
o that the defendant had a duty of care to the plaintiff
o that the defendant breached that dutyo that the loss or damage as a direct result of the defendant-s breach of
duty
iability insurance is a ise investment t is essential for manufacturers thatemploy engineers because of
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0icarious ia1ilit$ the engineer-s employer is liable for any loss or damagethat results from a tort caused by an employee The engineer is protectedfinancially but not from disciplinary action by the Association
PROCT ARRANTIES
5ARRANT= applies to goods and products
bull Epress 5arranties promises that the product has a certain quality or itill perform for a certain period of time
bull Implied 5arranties unstated promises that eist as a matter of common
sense A certain amount of quality or function that is epectedltSTRICT LIAILIT
Product defects and consumer safety the focus is on the product itself and noquestions of negligence arise
A manufacturer may be strictly liable for any damage that results from the use ofhis product even though the manufacturer as not negligent in producing it
G)ARANTEE applies to services and agreements
AICE TO ESI$N EN$INEERS TO AOI PROCT LIAILITIES
bull Formal esin Re4ieamps conceptual feasibility and finalbull Codes and Standards adhere to all government industry and company
standards and codesbull Stateofteart esin Metods ma7e choices that lean toard safety
bull Formal Haard Anal$sis identify hazards try to prevent or eliminate actionplan remedial action
bull Formal Failure Anal$sis 3ailure (odes and Effects Analysis amp3(EA and3ault Tree Analysis amp3TA
bull esin Records 2eep good design records to shoe planning for safety
AICE TO MANFACTRERS
bull ltualit$ Assurance and Testin $ 111
bull Instruction7 5arnin and aner Sins f dangers do eist plan forproper signs to give arnings of danger
bull Instruction Manuals Any product that is dangerous should come ith aservice or instruction manual
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bull 5arranties7 isclaimers and oter Pu1lised Material evie allinformation ith the design engineer and by a products liability layer
bull Consumer Complaints nvestigate claims quic7ly to fi problems early
bull Customer Records gtave good records in case of a recall
OTAININ$ CANAIAN STANARS
6hec7 ith the $tandards 6ouncil of 6anada amp$66 They promote efficient andeffective standardization in 6anada
The $66 manages the )ational $tandards $ystem amp)$$ The )$$ ritestandards certify products test products and register quality systems ofcompanies amp$ 111
The $66 coordinates the 6anadian contribution to $ ampnternational
rganization for standards and E6 ampnternational Electrotechnical 6ommission
ISO === 7 QALIT MANA$EMENT AN QALIT ASSRANCESTANARS
t is a standard for effective management of a manufacturing corporation in orderto maimize the quality of the manufactured products
A 7ey part of the process involves the development of a ualit 3anual thatdocuments the four 7ey aspects of the certification process
bull quality policies for every aspect of the corporation-s operationsbull quality assurance procedures
bull quality process procedures
bull quality proof
ISO 3=== 7 ENIRONMENTAL MANA$EMENT SSTEMS
The process requires the company to eamine every function of its operationsith the goal of identifying activities ith a significant environmental impact andcommitting the company to preventing pollution in all of its many forms
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CHAPTER 8gt isciplinar$ Poampers and Procedures
EFINITION OF PROFESSIONAL MISCONCT
Each Association has the poer to prosecute people ho unlafully practiceprofessional engineering and to discipline licensed engineers ho are guilty ofprofessional misconduct or incompetence
The provincial Acts typically identify I causes for disciplinary action
bull Professional Misconduct Any conduct detrimental to the best interestsof the public or that harms or tends to harm the standing of the profession
generally as unprofessional conduct ampor an act that ould reasonably beregarded as unprofessional
bull Incompetence a lac7 of 7noledge s7ill udgment or disregard for theelfare of the public that demonstrates the member is unfit to carry out theresponsibilities of a professional engineer
bull Nelience carelessness or carrying out or7 that is belo the acceptedstandard of care or performance
bull reac of te Code of Etics
bull P$sical or Mental Incapacit$ this is included as a definition ofincompetence
bull Con4iction of an Offense isciplinary action against a member ho isguilty of an offense that is relevant to the member-s suitability to practice
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ISCIPLINAR PROCESS
hen a complaint of negligence incompetence or professional misconduct ismade against a licensed professional engineer it sets in motion a Fstageprocess of
bull Gathering nformationbull Evaluating the 6omplaint
bull 6onducting a 3ormal gtearing that enders 4udgment
Stipulated Order A simpler form of disciplinary hearing for less serious casesThe decision of guilt or innocence is decided by one representative and the resulthas no appeal process =oth parties agree to the outcome
f a member or licensee should be found guilty the iscipline 6ommittee can
bull suspend or revo7e your licensebull impose restriction on your license
bull require the member to be counseled or reprimanded
bull ma7e you pay cost of investigation or hearing
bull ma7e you rite eams or ta7e courses
bull impose up to a M01111 fine
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CHAPTER 8 Maintainin Professional Competence
Engineers have the privilege of selfregulation a privilege accompanied by acorresponding duty to maintain competence and avoid professionalobsolescence
The process requires engineers ampand engineering corporations to maintaincompetence by
bull enineerin practice or emplo$ment
bull formal education amp+niversity or Association courses
bull informal education ampshort courses or seminarsbull pu1lications
bull participation in enineerin societies
bull 1encmarin ampcomparing your practices against best practices
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CHAPTER 8 Enineerin Societies
The maor purpose of engineering societies is to encourage research into netheories or methods to collect and classify this ne information and todisseminate it to members so that it can be put to good use
The difference beteen an association and a society is that the Associationregulates professional behavior and the $ocieties disseminate engineeringinformation $o you should be a member of both
$ocieties have been established by groups of engineers hose commoninterests are based on
bull discipline
bull product
bull facility
bull evaluation
bull function
bull environment
bull language
bull geographical area
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THE CONCEPTS OF PROFESSIONALISM
PROFESSION
bull A learned calling ith specialized 7noledge
bull Performs services ith advanced 7noledge s7ill and udgment in hich
the public trusts
bull gtas public obligation and performs services in the general public interest
bull s bound by an ethical code in its relationship ith the public clientsemployees and colleagues
bull Accepts responsibility to regulate professional members and professionalservices provided to clients and the public
Engineering is a profession that is selfo4ernin and has the authority todiscipline members ho fail to comply ith proper standards of practice andconduct
The engineering profession is
bull highly organized
bull minimum standards of admissionbull regulate the activities of their members amps7illed practice and ethical conduct
bull promote the advancement of 7noledge
Professionals depend on the confidence ofbull the client or employer
bull the public
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ECEENCE
A shared commitment ith your peers to strive for ecellence
ETHICS
Ethics deals ith voluntary actions ta7en by an individual ith sufficient7noledge of options available
The COE OF ETHICS shapes the practice in to important aysbull provides a commonest of values hich offers a reliable professional
product to the public
bull professional relationship of trust ith the public is fundamental
APE$$A COE OF ETHICS
Professional Engineers shall recognize that professional ethics is founded uponintegrity competence dignity and devotion to service
8 P En sall old paramount7 te ealt7 safet$ and ampelfare of te pu1lic and en4ironment
bull They have an obligation to report conditions hich present an
immediate threat to safety health elfare or the environment
bull t should first be reported to the professionals involved then to
corporate or regulatory authorities
PEn sall undertae onl$ ampor tat te$ are competent to perform 1$teir trainin and eperience
bull Professional members should ensure to the best of their ability thatstatements on engineering matters attributed to them properly reflecttheir professional opinion
Stampin and Sinin ocuments8
bull Professionals shall only stamp and sign documents that they haveprepared or that have been prepared under their direct supervision andcontrol
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bull hen or7 is prepared by others they shall only stamp and sign afterhaving thoroughly revieed the or7 and accepted responsibility for it
bull Engineers ho apply their seals or stamps to reports plans or otherdocuments are stating that they understand and are in agreement ith
these documents
bull The absence of a seal or stamp does not necessarily indicate that aprofessional member has not revieed the document not does itrelieve the member from professional or legal responsibility if it can beshon that he or she as involved ith the or7
B P En sall conduct temsel4es ampit interit$7 onest$7 fairness ando1ecti4it$ in teir professional acti4ities
bull A client-s or employer-s interests should be held in high regard gtoeverthe folloing duties ta7e precedencelt
o duty to protect public safety
o duty to the professions under the 6ode of Ethics
o duty to act fairly to all parties hen administering a contract on
behalf of a client or employer
bull Professionals should 7eep confidential all information that is acquired inthe course of their professional duties and that concerns the businessaffairs of present or past clientsemployees
gt PEn sall compl$ ampit applica1le statutes7 reulations and 1$laamps inteir professional practice
bull Professionals should maintain adequate 7noledge of the la relating totheir area of practice
bull esponsible n4ironmntal mana+mnt comutr softar anddiscrimination are a fe of the subects covered under this ule
PEn sall upold and enance te onor7 dinit$7 and reputation of teir professions7 and te a1ilit$ to ser4e te pu1lic interest
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bull Advertisements proposals and presentations should be factual clearand dignified
bull A professional should be careful to give due credit to others
bull nly revie the or7 of another professional hen they have beeninformed unless there is a confidentiality agreement to the client
bull gtelp ET-s
APE$$A COE OF ETHICS
0 P Eng shall hold paramount the DealtD safet6 and elfare of tDe pulic and enironment
B PEng shall underta7e only or tDat tDe6 are competent to perform bytheir training and eperience
F P Eng shall conduct themselves ith interit6 Donest6 fairness and
oGectiit6 in their professional activities
K PEng shall compl6 itD applicale statutes reulations and 62las intheir professional practice
H PEng shall uphold and enhance the Donor dinit6 and reputation of their professions and the ability to sere tDe pulic interest
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COPRI$HTS
9RiDt to cop6
nly the oner of the or7 is alloed to reproduce the or7 or permit others tocopy it
Plaiarism is copying someone else-s or7 and claiming it as your on
Fair ealin +se or reproduction of or7 for private study research criticismrevie or nes reporting
Cop6riDts appl6 to8bull iterar$ ampors boo7s poems pamphlets computer programs
bull ramatic ampors films videos plays scripts
bull Musical ampors compositions ampords and music
bull Artistic ampors paintings draings maps photos sculptures architects
Also to8bull Performer(s performances actors musicians dancers
bull Communication Sinals broadcasters
bull Sound Recordins
6opyright is restricted to the epression in a fied manner amptet recordingdraing of an ideaL it does not etend to the idea itself
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3acts ideas and nes are all considered public property
6opyright does apply tobull $ong
bull )ovel
bull Playbull (agazine article
bull 6omputer program
bull ideo 6assettes (ovies
6opyright does NOT apply tobull $ong titlebull Plot ideabull Play of gtamletbull 3acts in an articlebull )ame of a computer programbull (a7ing a copy of a musical tape amproyalties have been paid already
bull 6opies for educational institutions ampcan 7eep radio and nes tapes for 0 year
bull )onprofit libraries archives and museumshen you create a or7 you automatically have copyright protection providedthat at the time of creation you ere a 6anadian 6itizen or a resident in a countrythat participates in 6opyright rules
Autorsip The person that creates the or7
Oampnersip f you are the creator of the or7 you on the copyright f you
create a or7 hile employed the copyright belongs to the employer ou canlegally transfer your rights to someone else then they on the copyright
uration 6opyright ampintellectual property lasts for the life of the author N H1years
Moral Rits Even if you sell your copyright you still retain moral rightsltThis means that no one including the person ho ons the copyright candistort mutilate or modify your or7 ampchange the ending use for a commercial etc
(oral rights eist for the same length as the copyrightou cannot sell or transfer your moral rights but you can aive them
RE$ISTRATION OF A COPRI$HT
ou do not have to register a copyright to have protection in 6anada
f you choose to register ith the copyright office you receive a certificate hichcan be used to your advantage if your or7 is infringed t is evidence that it is
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your or7 and you are the oner n a dispute you do not have to proveonership
ou send the application to the 6opyright office and you do not send your or7in ou may need to send a copy to the )ational ibrary of 6anada but the
6opyright office doesn-t revie your or7 at all
There is no requirement to mar7 your or7 under the 6opyright Act ou canmar7 it li7e this
)ame ear copy e 4ane oe 09I copy
ou can use this format even if you have not registered your or7
The 6opyright ffice is not responsible for ensuring that your copyright is notbeing infringedCCthis is your ob ou have to launch legal action yourself and
the courts are left to decide
Assinment As the oner you may decide i4e up part or all of $our rits toanother party The assignment may be for the hole term or for ust a certainpart of the term
icense ou as the oner give someone else permission to use your or7 forcertain purposes and under certain conditions but you still retain onership oudo not i4e up $our rits
Ro$alties (oney paid to the copyright oner as commission for sales of theiror7 or permission to use them
Tariffs $et fees that users must pay for using certain copyright material
Collecti4es an organization that collects royalties on behalf of its members
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TRAEMARampS
A trade2mar is a ord symbol or design to distinguish the products or servicesof an organization or person from others t can also represent a reputation
Ordinar$ Mars ords or symbols that distinguish your product or service ampe Giddy+p
Certification Mars identify ares or services that meet a defined standardThey are oned by one person but licensed to others to identify ares orservices hich meet a defined standard ampe oolmar7 APEGGA seal
istinuisin uise identifies the unique shape of a product or its pac7ageampe eggs Egg
A trade name is the name under hich you conduct your business The tradename can be registered under the Trade(ar7s Act only if it is also used as aTrademar7 ampto identify products or services
RE$ISTERIN$ A TRAE2MARamp
The Reistered Trade2Mar is one that is entered on the Trademar7s registerou are not required to register your trademar7 if you use it for a certain lengthof time you can establish onership by 6ommon a
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bull egistration of your trademar7 gives you the eclusive right to use the mar7across Canada for 8 $ears then you have to rene it
bull t is recommended that you register your Trade(ar7 in case someone elsetries to use it
bull f you fail to use the mar7 for an etended period your registration may becancelled
bull ou can register a trademar7 by filing an application for registration ith theTrademar7s ffice our trade2mar must e used in Canada efore itcan e reistered+
RE$ISTRATION QALIFICATIONS
bull 6annot be primarily your full name or surname ampunless you can prove it is already
identified
bull ou may not register a ord that clearly describes a feature of the product orservice ampseet uicy
bull The ord cannot be clearly misleading ampdeceptively misdescriptive ampe sugarseet if it has no sugar
bull ou may not register a ord that clearly designates the place of origin of theproduct or service or if it misleads the public into thin7ing that the productcomes from there ampParis 3ashions Atlantic 6od but you can use )orth Pole =ananasbecause no one ould epect them to come from there
bull ou can use a disclaimer statement indicating that you are not claimingeclusive rights for certain ords appearing in the trademar7 n this ayyou can use clearly descriptive ords hich are unregisterable on their onampce 6ream in =ob-s ce 6ream
bull )ames of products in other languages cannot be registered ampurstlt is Germanfor sausage
bull 6annot be registered if it consists or a plant variety denomination
bull ou cannot use ords symbols sounds or ideas that are confusingly similar
to a registered trademar7 or a pending mar7 amp2ing og 3ood and 2ing 6at 3oodould be refused
bull ou cannot register a trademar7 that resembles certain official symbolsunless you have the consent of the authority in question
o fficial government symbols
o 3amily coats of arms
o =adges and crests or 6(P
o Emblems and names of ed 6ross or +)
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o 3lags of other countries
o $ymbols of provinces
=efore you try to register your trademar7 do a search and include trade namesas ell
After you have a registered trademar7 to 7eep it you mustLbull Pay the registration fees every 0H years
bull +se the trademar7 in 6anada or it ill be epunged
Assinment to sell or transfer your rights to a trademar7 to another party
Marin ReDuirements The Trade(ar7s Act does )T have anyrequirements but many oners indicate their registration through the folloingmar7s
983214 O registered trademar7
991522 O trademar7$( O service mar7
The Trade(ar7 ffice ill prevent anyone else from registering your trademar7but it is your responsibility to monitor the mar7etplace and ta7e legal action ifsomeone is using your trademar7
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PATENTS
A patent is
bull A document protecting the rights of the inventor
bull A repository of useful technical information for the public
The idea is to promote the sharing of technological information hile giving you amonopoly on your creation
ith a patent the government gives the inventor the right to eclude others fromma7ing or selling your invention
The invention is protected from the day the patent is granted to a maimum of =6ears after the day you filed your application
The Patent ffice then epects you to provide a full description of your inventionso that all 6anadians can benefit from this technology They allo your
application to be open gt montDs from the filing date during the con4ention priorit$ date
Patent applications are made pulic gt montDs after the 6anadian 3iling ate
ou must obtain a valid patent ithin 8 $ear of main te product pu1lic
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A 6anadian patent is only etended throughout 6anada ou must apply forpatent rights in other countries separately
t is important to 7eep your invention secret until your first patent application isfiled in order to preserve your rights to file later in most foreign countries
3or an invention to be patented it must be
bull NO0ET= 3irst in the orld
bull )TIIT= 3unctional and operative
bull INGEN)IT= $ho inventive ingenuity and not be obvious to someones7illed in that area
The folloing items are patentable
bull Product ampdoor loc7
bull A composition ampchemical composition li7e lubricant
bull An apparatus ampmachine to ma7e door loc7s
bull A process ampmethod
bull An improvement on any of these
The idea alone is not patentable t must be reduced to something physical
ou CANNOT patentbull A scientific principle
bull An abstract theorem
bull An idea
bull A method of doing businessbull A computer program
bull A medical treatmentn 6anada patents are given to the first inventor to file an application
f you invent something hile or7ing for an employer on the employer-s timeith the employer-s materials at the epense of the employer the inventionrights still belong to you unless you have been hired by the company to inventpatentable inventions
PATENT APPLICATION
+ $et a Patent Aent
+ Preliminar6 SearcD
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bull ou can do a preliminary search in the online database or visit the Patentffice in person
0+ Preparin tDe Patent Application
bull A patent application must consist ofo a1stract ampbrief description
o specification ampclaims and boundaries of protection
o draampins
3+ File 6our Application4+ Reuest eBamination5+ EBaminer does searcD and approes or oGects+lt+ Respond to an6 oGectionsgt+ Patent ranted or oGected+
CONENTION PRIORIT
(any countries belong to the Paris 6onvention for the Protection of ndustrialProperty
This treaty allos you to invo7e convention prioritylt hich means that your filingdate in one member country ill be recognized by all others provided you file inthose countries ithin the first year
ampe if you file in 6anada in 4anuary B111 you could file up to one year later in most countriesamp4anuary B110 and still receive the same rights as if you filed in B111
PATENT COOPERATION TREAT (PCT)
t provides a standardized international filing procedure for foreign patents hichis shared by our principal trading partners including the +$ 4apan and mostEuropean countriesou may file for a patent in as many as 01I member countries through a singleapplication filed in 6anada
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INSTRIAL ESI$N
An Industrial esin is the features of shape configuration pattern or ornamentapplied to a finished article made by hand tool or machine ampappealing to the eye
There is no time limit for filing an application as long as the design has neverbeen published ampmade public to anyone
ou must file ithin 6ear of going public ith your design or you ill lose youreclusive rights to the design
The advantage of registering your industrial design is that it gives you eclusive
right to your design for up to = 6ears from tDe date of reistration
+nless you register your design you can ma7e no legal claim of onership andhave no legal protection from imitation
nly the proprietor ampcreator of the design may obtain registration unless youhave been hired to develop a design Then the hirer is the proprietor
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Trade Secret industrial 7noho or valuable information acquired by abusiness t could be a
bull formula
bull pattern
bull device
bull compilation of info used to give you an advantage over the competitors
ou cannot registerbull That don-t have visual appeal
bull 3eatures that are hidden from vie or too small to appeal to the eye
bull A method of construction
bull An idea
bull (aterials used in construction
bull 3unction of an article
bull 6olor
ESI$N RE$ISTRATION
The application ill includebull Application forms ampdescription
bull At least one draing or photograph
bull 3ees
The process ill include
bull nitial processing
bull Eamination
bull egistration
ou do not have to mar7 your design in order to indicate that it is registered butmar7ing it gives you etra protection
As proprietor you may ta7e legal action against anyone ho infringes on yourdesign in 6anada but you must ta7e action ithin F years of the incident
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An 9assinment occurs hen you sell all or part of your rights in the designpermanently to another party
ou can 9license another user to allo someone else to use your design but
you still retain onership
To have your design protected in other countries you must apply separately ineach country
ou have 5 montDs to file for 9conention priorit6+ampe you apply to register in 6anada in 4anuary B111 then you have until 4uly B111 to file in other 6onvention countries and receive the same rights as if it ere 4anuary B111
LA FOR PROFESSIONAL EN$INEERS OOamp
CHAPTER 8 Te Canadian eal S$stem
The legal system of 6anada is based on the English common2lalt system andthe English courts of euit6lt system ampudgemade la and is calledCOMMON2LAlt
The 3ederal 6ourt of 6anada has urisdiction over federal matters such aspatents trademar7s and copyrights
Pu1lic aamp deals ith the rights and obligations of government ampcriminal and6onstitutional la
Pri4ate aamp deals ith the rights and obligations of individuals or private organizations ampCONTRACT AN TORT LA
Termsbull itigation lasuit
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bull Plaintiff party bringing the actionbull efendant party defending the actionbull Appellant party appealing the decisionbull espondent party see7ing to uphold a decisionbull Privity of contract legal relationship beteen parties to a contract
bull 6reditor party to hom an amount is oingbull ebtor party that oes an amount to creditor bull $uarantee A guarantees = the debt of 6omp amphen = doesn-t get paid
= goes to 6omp first then to A
bull Indemnification a promise to directly compensate or reimburseanother party for a loss or cost incurred f Aindemnifies = the debt of 6omp amphen = doesn-t get paid =goes directly to A
CHAPTER usiness Oraniations
Sole Proprietorsip an individual carries on business by and for himself andalso enoys the profits and incurs any losses personally
Partnersip an association of persons ho conduct business in common ith avie to profit ndividuals or organizations share profits and losses
Corporation an entity unto itself distinct from its oners ampfictitious personThe corporation itself ons its assets and incurs its on liabilities
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CHAPTER B International Considerations
t is etremely important to obtain advice from an appropriately eperiencedlayer in the foreign country or have the advice of a consultant in that countryt is ise to purchase political ris7 insurance and to use careful udgment together ith a local influential partner
$ome potential ris7s of or7ing internationally are
bull Political Ris is one of the more obvious ris7 factors in or7inginternationally The 6hanges in government can lead to significant policychanges
bull Licensin reuirements and obtaining necessary permits and approvalsin a foreign country under different legal systems can be timeconsuming
bull Financial Riss due to currency echange and controls or restrictions onthe transfer of funds out of the country
bull Contract documents and forms used on proects may be different
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CHAPTER gt Tort ia1ilit$
Tort8 generally refers to a private or civil rong or inury one that involvesnegligence and that may arise independently of contract ampcar driver and victim
amphich includes financial loss hen based on a professional-s opinion
The fundamental purpose of tort la is to compensate ictims of tortsPunishment of negligent rongdoers IS NOT a purpose of tort la
Professional liability insurance should provide protection if an engineer-snegligence results in damage arising in tort
n order to satisfy the courts that compensation should be made the plaintiff in atort action must prove that
bull The defendant oed the plaintiff a duty of care
bull The defendant breached that duty by his conduct
bull The defendant-s conduct caused the inury to the plaintiff
f any 0 of these F aspects is not proven to the satisfaction of the courts theplaintiff ill not in
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A significant factor in a tort action is the establishment of the standard of carerequired of the defendant
The standard is applied based on the premise that engineers have a duty to use
the reasonable care and s7ill of engineers of ordinary competence Thereasonable carelt is measured by applicable professional standards of theengineering profession at the time the services ere performed
Strict ia1ilit$ manufacturers and employers are held strictly liable hen faultis not necessary if compensation is to be provided ampnot yet upheld in 6anadaampe All employees ma7e contributions on behalf of employees and if someone is inuredcompensation is provided ith no finding of faultampe A manufacturer may be strictl6 lialelt if for any damages that result from the use of theirproduct
0icarious ia1ilit$ The employer is responsible for damaged caused by its
employees The employer provides compensation because it is presumed thatthe employer is in a better financial position than the employee
Concurrent Tortfeasors hen more than one party is liable in a tort actionThe defendant-s together are called concurrent tortfeasors
Products ia1ilit$ The plaintiff must be able to establish that damage hasclearly resulted from appropriate use of a product and the defendantmanufacturer must then persuade the court that at the time the manufacturercould not have foreseen the defective nature of the goods manufactured6anada has not yet ta7en a strict liability approach on products as the +$ has
Products liability has developed through principles of both contract la and tortla The tort concept of fault has been applied and implied contractualarranties that the product is effective and the contract of a sale must also eist
n productsliability matters economic losses ampin the absence of physical inurymay in some circumstances be recoverable
Standards of Care and ut$ to 5arn A manufacturer must arn theconsumer of any dangerous potential of the product by appropriate labeling
Oter Tortsbull Tort of defamation8 ampif the statements that damage the reputation are true there is
no liability
o ibel D in riting
o $lander D verbal
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bull Occupiers Liailit68 The occupier of a property must eercise therequired standard of care to ensure the safety of individuals coming ontothat property
bull Tort of Nuisance8 esigned to alleviate undue interference ith the
comfortable and convenient enoyment of the plaintiff-s landampe insecticide spray drifting onto other land
CHAPTER Proof
The burden of proof is on the plaintiff to prove the case against the defendant
Engineers often find themselves ma7ing appearances as eBpert itnesses incourt
The epert is permitted to epress opinions ith respect to his or her area ofepertise and the itness should be cautious and restrict testimony to such
area
ou ill be hired by one side and crosseamined by counsel from the otherparty
Preparation is of the utmost importance in litigation The epert itness shouldclearly understand the issues in the lasuit and be aare of the scope ofquestions that can be reasonably epected
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CHAPTER 28 Contracts
3or a contract to be binding and enforceable the folloing elements must bepresent
bull An offer made and accepted
bull (utual intent to enter into the contract
bull 6onsideration or offer ampan echange of promises each promise representing
something of valueCpayment of money is not essential
bull 6apacity to contract ampcan-t be a minor drun7 or crazyCenforceable by the drun7 if
the other party 7ne they ere intoicatedbull aful purpose 6ontract on-t be enforced if it is unlaful
An offer is a promise made by one person to another
)ot all contracts are in riting
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+ntil it is accepted the offer may be ithdran by the offeror unless it is madeepressly irrevocable by its terms
Irre4oca1le Offers =idders submit offers or tenders that have been madeirrevocable for a specific period of time At any point during that period the offer
may be accepted and a contract ill be formed
Option Contract This contract is another means of 7eeping an offer open for acertain period of timeampe The party purchasing the option may ant do eploration or7 for a period of time beforedeciding to spend a large sum of money on the property
EDuita1le Estoppel A udge can stoplt the strict terms of a contract from beingfolloed if it is proven that the terms had changed outside of the agreementampoften used hen etensions to deadlines are agreed upon and then the person tried to go bac7to the original ritten contract
Pursuant to contract la consideration ampor a seal must be present in order toma7e a change to a contract enforceable D otherise it is ust a promise not laThe courts protect the person in the situation here a promise is ta7en as fullagreement
Statute of Frauds Ensures that certain types of contracts must be in riting tobe enforceable
Rectification This order can be applied for to rectify a contract because of asecretarial or recording mista7e
)nilateral Mistae A mista7e made by only one party to a contract 6ourts illdecide hether a contractor ill be relieved of their mista7e
CHAPTER 8 Tenderin Issues Contract A
a of tendering in 6anada gives the principle that there are B separatecontracts that arise in the tendering process
0 Contract A D the contract of irrevocability ampthat deals ith the tenderingphase
B Contract D the construction contract ampapplies to the construction phase
The number of number of tenders submitted is the number of 6ontract A-s thatare formed
The original tender pac7age contents cannot be changed ithout notifyingeveryone or you are in =reach of 6ontract A
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CHAPTER 82 Contract Interpretation
Parties to a contract sometimes dispute the meaning of part of the contract Todifferent approaches can be ta7en hen interpreting contracts
bull i1eral Approac ta7es into account the intent of the parties and maylead to speculation on that intent
bull Strict Approac focuses on the precise ords in the agreement andmay rely on dictionary meanings
Contra Preferentem hen a contract is ambiguous or unclear it ill beinterpreted against the person that rote it up
Parol E4idence Rule hen verbal agreements outside of the ritten contractare included as rule in a contract n most cases if a condition is agreed uponverbally but is not included in the contract then the condition is not part of thecontract
Implied Terms hen the inclusion of obvious terms of a contract have beenoverloo7ed here it is reasonable implied terms may eist in a contract
CHAPTER 83 iscare of Contracts
There are several ays to discharge a contract
bull Performance hen all parties have completed their respectiveobligations the contract is at an end
bull Areement to iscare Parties in a contract are alays free to amend
the contract or agree to cancel or terminate the contract upon mutuallyagreed terms
bull iscare Pursuant to Epress Terms t is advised to include in acontract terms here all parties may terminate the contract if certainoutside events ere to occur ampe ban7ruptcy
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bull iscare 1$ Frustration hen changing unforeseeablecircumstances occur that may radically change the obligations of theparties
o Force Maeure Provides that the time for completion ill beetended in the event of ar riot flood labor dispute or other
events that are beyond the control of both parties
bull iscare 1$ reac of Contract ne party fail to perform obligations
o iscare 1$ Repudiation hen the party to a contract
epressly tells the other party that they have no intention ofperforming contractual obligations
CHAPTER 86 reac of Contract
f a party to a contract fails to perform obligations specified in the contract thenthat party has breached the contract
The innocent party is entitled to certain remedies depending on the nature of thebreach and the terms of the contract
Condition an obligation that is essential or vital to the contract5arrant$ an obligation that is NOT essential or vital to the contract
A =reach of 6ontract is a cause for discharge only if its effect is to render itpurposeless for the innocent party to proceed further ith performance
Repudiation hen the party to a contract epressly tells the other party thatthey have no intention of performing contractual obligations
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REMIIES
A nondefaulting party is entitled to damages for losses incurred as a result of abreach of contract
irect amaes Actual calculated difference in the cost of having to chooseone service over the other ampthe loest bid is chosen and then they refuse to do the or7so the second loest bid is chosen and the party sues for the monetary difference beteen theloest and second loest bid
Indirect amaes Are consequential to the breach and might include damagesfor lost profits or damages incurred if the contract is not fulfilled
iDuidated amaes Are preestimated damages if certain events ere tooccur that are ritten into the contract under a Penalty 6lause
ltuantum Meruit hen services have been requested and performed but nooutside agreement as reached beteen the parties as to hat payment ouldbe provided in return for the services then the courts can aard the person ithas much as is reasonably deservedlt for time spent and materials supplied
Su1stantial Compliance hen a contractor has substantially complied iththe terms of a contract yet failed to comply ith some minor aspect of thecontract The contractor ill be paid the contract price minus the cost ofdamages caused by the minor problems
Specific Performance hen the courts require a party to perform a contractual
obligation li7e the sale of land or a personal item
Inunction A court order that prohibits or restrains a party from performing anactCHAPTER 9 Fundamental reac
Applies to a contract that contains an eemption clause amphere parties limit theirliability if a breach of contract results and ma7es the eemption ineffective
CHAPTER 8 Areement etampeen Client and Enineer
A contract beteen a client and an engineer must include all of the essentialcontract elements
The document ill not specify the degree of care that is required of the engineerin carrying out the services =ut the engineer is liable for incompetence
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carelessness or negligence that results in damages to the client and for notperforming ith an ordinary and reasonable degree of care and s7ill
CHAPTER Concurrent ia1ilit$ in Tort and Contract
+nless otherise stated in a contract the standard of care epected of anengineer doing a ob is the same standard of care by hich an engineer-sperformance is measured in tort
3or a breach of contract there is a limitation period of I years from date of thebreach in hich to press charges instead of hen it is discovered
n tort the limitation period in hich to press charges starts hen the damagesare first detected
CHAPTER 3 Ar1itration and AR
A lasuit is not alays the best ay to resolve a dispute beteen contractingparties especially technical disputes
Ar1itration or Alternati4e ispute Resolution +AR- t is less costly and lesspublic than litigation
An engineer that is an arbitrator is epected to act impartially and independentlyof the parties to the dispute
The Arbitration Act deals ith the appointment of an arbitrator and sets out astructure or set of rules to govern the conduct of an arbitration unless the partiesagree that some other structure or rules ill apply
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The Act also gives arbitrators the urisdiction to aard preudgment and post udgment interests ust li7e the courts have under the 6ourts of 4ustice Act
Partnerin intended to respond to the need for improved attitudes amongstindustry participants to the importance of teamor7 on proects
This cooperative attitude should assist in resolving proect disputes at an earlystage
) TGAT) and A=TAT) result in a 4+G(E)T TgtAT $=))G
Proect Neutral (proGect manaement oerie) The companies appoint a
proect neutral usually an independent professional eperienced in the industryto be aare of developments on the proect ith a vie to offering unbiasedadvice and decisions
Mediation esolving disputes through the negotiating process involving amediator ho is to provide guidance and to facilitate the settlement process agobeteenlt in communicating proposed settlements
There is no udgmentL the parties need to or7 out their differences
CHAPTER BB Industrial Propert$
Industrial Propert$ Rits ights that generally relate to patents trademar7scopyrights and industrial design
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0icarious ia1ilit$ the engineer-s employer is liable for any loss or damagethat results from a tort caused by an employee The engineer is protectedfinancially but not from disciplinary action by the Association
PROCT ARRANTIES
5ARRANT= applies to goods and products
bull Epress 5arranties promises that the product has a certain quality or itill perform for a certain period of time
bull Implied 5arranties unstated promises that eist as a matter of common
sense A certain amount of quality or function that is epectedltSTRICT LIAILIT
Product defects and consumer safety the focus is on the product itself and noquestions of negligence arise
A manufacturer may be strictly liable for any damage that results from the use ofhis product even though the manufacturer as not negligent in producing it
G)ARANTEE applies to services and agreements
AICE TO ESI$N EN$INEERS TO AOI PROCT LIAILITIES
bull Formal esin Re4ieamps conceptual feasibility and finalbull Codes and Standards adhere to all government industry and company
standards and codesbull Stateofteart esin Metods ma7e choices that lean toard safety
bull Formal Haard Anal$sis identify hazards try to prevent or eliminate actionplan remedial action
bull Formal Failure Anal$sis 3ailure (odes and Effects Analysis amp3(EA and3ault Tree Analysis amp3TA
bull esin Records 2eep good design records to shoe planning for safety
AICE TO MANFACTRERS
bull ltualit$ Assurance and Testin $ 111
bull Instruction7 5arnin and aner Sins f dangers do eist plan forproper signs to give arnings of danger
bull Instruction Manuals Any product that is dangerous should come ith aservice or instruction manual
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bull 5arranties7 isclaimers and oter Pu1lised Material evie allinformation ith the design engineer and by a products liability layer
bull Consumer Complaints nvestigate claims quic7ly to fi problems early
bull Customer Records gtave good records in case of a recall
OTAININ$ CANAIAN STANARS
6hec7 ith the $tandards 6ouncil of 6anada amp$66 They promote efficient andeffective standardization in 6anada
The $66 manages the )ational $tandards $ystem amp)$$ The )$$ ritestandards certify products test products and register quality systems ofcompanies amp$ 111
The $66 coordinates the 6anadian contribution to $ ampnternational
rganization for standards and E6 ampnternational Electrotechnical 6ommission
ISO === 7 QALIT MANA$EMENT AN QALIT ASSRANCESTANARS
t is a standard for effective management of a manufacturing corporation in orderto maimize the quality of the manufactured products
A 7ey part of the process involves the development of a ualit 3anual thatdocuments the four 7ey aspects of the certification process
bull quality policies for every aspect of the corporation-s operationsbull quality assurance procedures
bull quality process procedures
bull quality proof
ISO 3=== 7 ENIRONMENTAL MANA$EMENT SSTEMS
The process requires the company to eamine every function of its operationsith the goal of identifying activities ith a significant environmental impact andcommitting the company to preventing pollution in all of its many forms
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CHAPTER 8gt isciplinar$ Poampers and Procedures
EFINITION OF PROFESSIONAL MISCONCT
Each Association has the poer to prosecute people ho unlafully practiceprofessional engineering and to discipline licensed engineers ho are guilty ofprofessional misconduct or incompetence
The provincial Acts typically identify I causes for disciplinary action
bull Professional Misconduct Any conduct detrimental to the best interestsof the public or that harms or tends to harm the standing of the profession
generally as unprofessional conduct ampor an act that ould reasonably beregarded as unprofessional
bull Incompetence a lac7 of 7noledge s7ill udgment or disregard for theelfare of the public that demonstrates the member is unfit to carry out theresponsibilities of a professional engineer
bull Nelience carelessness or carrying out or7 that is belo the acceptedstandard of care or performance
bull reac of te Code of Etics
bull P$sical or Mental Incapacit$ this is included as a definition ofincompetence
bull Con4iction of an Offense isciplinary action against a member ho isguilty of an offense that is relevant to the member-s suitability to practice
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ISCIPLINAR PROCESS
hen a complaint of negligence incompetence or professional misconduct ismade against a licensed professional engineer it sets in motion a Fstageprocess of
bull Gathering nformationbull Evaluating the 6omplaint
bull 6onducting a 3ormal gtearing that enders 4udgment
Stipulated Order A simpler form of disciplinary hearing for less serious casesThe decision of guilt or innocence is decided by one representative and the resulthas no appeal process =oth parties agree to the outcome
f a member or licensee should be found guilty the iscipline 6ommittee can
bull suspend or revo7e your licensebull impose restriction on your license
bull require the member to be counseled or reprimanded
bull ma7e you pay cost of investigation or hearing
bull ma7e you rite eams or ta7e courses
bull impose up to a M01111 fine
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CHAPTER 8 Maintainin Professional Competence
Engineers have the privilege of selfregulation a privilege accompanied by acorresponding duty to maintain competence and avoid professionalobsolescence
The process requires engineers ampand engineering corporations to maintaincompetence by
bull enineerin practice or emplo$ment
bull formal education amp+niversity or Association courses
bull informal education ampshort courses or seminarsbull pu1lications
bull participation in enineerin societies
bull 1encmarin ampcomparing your practices against best practices
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CHAPTER 8 Enineerin Societies
The maor purpose of engineering societies is to encourage research into netheories or methods to collect and classify this ne information and todisseminate it to members so that it can be put to good use
The difference beteen an association and a society is that the Associationregulates professional behavior and the $ocieties disseminate engineeringinformation $o you should be a member of both
$ocieties have been established by groups of engineers hose commoninterests are based on
bull discipline
bull product
bull facility
bull evaluation
bull function
bull environment
bull language
bull geographical area
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THE CONCEPTS OF PROFESSIONALISM
PROFESSION
bull A learned calling ith specialized 7noledge
bull Performs services ith advanced 7noledge s7ill and udgment in hich
the public trusts
bull gtas public obligation and performs services in the general public interest
bull s bound by an ethical code in its relationship ith the public clientsemployees and colleagues
bull Accepts responsibility to regulate professional members and professionalservices provided to clients and the public
Engineering is a profession that is selfo4ernin and has the authority todiscipline members ho fail to comply ith proper standards of practice andconduct
The engineering profession is
bull highly organized
bull minimum standards of admissionbull regulate the activities of their members amps7illed practice and ethical conduct
bull promote the advancement of 7noledge
Professionals depend on the confidence ofbull the client or employer
bull the public
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ECEENCE
A shared commitment ith your peers to strive for ecellence
ETHICS
Ethics deals ith voluntary actions ta7en by an individual ith sufficient7noledge of options available
The COE OF ETHICS shapes the practice in to important aysbull provides a commonest of values hich offers a reliable professional
product to the public
bull professional relationship of trust ith the public is fundamental
APE$$A COE OF ETHICS
Professional Engineers shall recognize that professional ethics is founded uponintegrity competence dignity and devotion to service
8 P En sall old paramount7 te ealt7 safet$ and ampelfare of te pu1lic and en4ironment
bull They have an obligation to report conditions hich present an
immediate threat to safety health elfare or the environment
bull t should first be reported to the professionals involved then to
corporate or regulatory authorities
PEn sall undertae onl$ ampor tat te$ are competent to perform 1$teir trainin and eperience
bull Professional members should ensure to the best of their ability thatstatements on engineering matters attributed to them properly reflecttheir professional opinion
Stampin and Sinin ocuments8
bull Professionals shall only stamp and sign documents that they haveprepared or that have been prepared under their direct supervision andcontrol
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bull hen or7 is prepared by others they shall only stamp and sign afterhaving thoroughly revieed the or7 and accepted responsibility for it
bull Engineers ho apply their seals or stamps to reports plans or otherdocuments are stating that they understand and are in agreement ith
these documents
bull The absence of a seal or stamp does not necessarily indicate that aprofessional member has not revieed the document not does itrelieve the member from professional or legal responsibility if it can beshon that he or she as involved ith the or7
B P En sall conduct temsel4es ampit interit$7 onest$7 fairness ando1ecti4it$ in teir professional acti4ities
bull A client-s or employer-s interests should be held in high regard gtoeverthe folloing duties ta7e precedencelt
o duty to protect public safety
o duty to the professions under the 6ode of Ethics
o duty to act fairly to all parties hen administering a contract on
behalf of a client or employer
bull Professionals should 7eep confidential all information that is acquired inthe course of their professional duties and that concerns the businessaffairs of present or past clientsemployees
gt PEn sall compl$ ampit applica1le statutes7 reulations and 1$laamps inteir professional practice
bull Professionals should maintain adequate 7noledge of the la relating totheir area of practice
bull esponsible n4ironmntal mana+mnt comutr softar anddiscrimination are a fe of the subects covered under this ule
PEn sall upold and enance te onor7 dinit$7 and reputation of teir professions7 and te a1ilit$ to ser4e te pu1lic interest
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bull Advertisements proposals and presentations should be factual clearand dignified
bull A professional should be careful to give due credit to others
bull nly revie the or7 of another professional hen they have beeninformed unless there is a confidentiality agreement to the client
bull gtelp ET-s
APE$$A COE OF ETHICS
0 P Eng shall hold paramount the DealtD safet6 and elfare of tDe pulic and enironment
B PEng shall underta7e only or tDat tDe6 are competent to perform bytheir training and eperience
F P Eng shall conduct themselves ith interit6 Donest6 fairness and
oGectiit6 in their professional activities
K PEng shall compl6 itD applicale statutes reulations and 62las intheir professional practice
H PEng shall uphold and enhance the Donor dinit6 and reputation of their professions and the ability to sere tDe pulic interest
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COPRI$HTS
9RiDt to cop6
nly the oner of the or7 is alloed to reproduce the or7 or permit others tocopy it
Plaiarism is copying someone else-s or7 and claiming it as your on
Fair ealin +se or reproduction of or7 for private study research criticismrevie or nes reporting
Cop6riDts appl6 to8bull iterar$ ampors boo7s poems pamphlets computer programs
bull ramatic ampors films videos plays scripts
bull Musical ampors compositions ampords and music
bull Artistic ampors paintings draings maps photos sculptures architects
Also to8bull Performer(s performances actors musicians dancers
bull Communication Sinals broadcasters
bull Sound Recordins
6opyright is restricted to the epression in a fied manner amptet recordingdraing of an ideaL it does not etend to the idea itself
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3acts ideas and nes are all considered public property
6opyright does apply tobull $ong
bull )ovel
bull Playbull (agazine article
bull 6omputer program
bull ideo 6assettes (ovies
6opyright does NOT apply tobull $ong titlebull Plot ideabull Play of gtamletbull 3acts in an articlebull )ame of a computer programbull (a7ing a copy of a musical tape amproyalties have been paid already
bull 6opies for educational institutions ampcan 7eep radio and nes tapes for 0 year
bull )onprofit libraries archives and museumshen you create a or7 you automatically have copyright protection providedthat at the time of creation you ere a 6anadian 6itizen or a resident in a countrythat participates in 6opyright rules
Autorsip The person that creates the or7
Oampnersip f you are the creator of the or7 you on the copyright f you
create a or7 hile employed the copyright belongs to the employer ou canlegally transfer your rights to someone else then they on the copyright
uration 6opyright ampintellectual property lasts for the life of the author N H1years
Moral Rits Even if you sell your copyright you still retain moral rightsltThis means that no one including the person ho ons the copyright candistort mutilate or modify your or7 ampchange the ending use for a commercial etc
(oral rights eist for the same length as the copyrightou cannot sell or transfer your moral rights but you can aive them
RE$ISTRATION OF A COPRI$HT
ou do not have to register a copyright to have protection in 6anada
f you choose to register ith the copyright office you receive a certificate hichcan be used to your advantage if your or7 is infringed t is evidence that it is
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your or7 and you are the oner n a dispute you do not have to proveonership
ou send the application to the 6opyright office and you do not send your or7in ou may need to send a copy to the )ational ibrary of 6anada but the
6opyright office doesn-t revie your or7 at all
There is no requirement to mar7 your or7 under the 6opyright Act ou canmar7 it li7e this
)ame ear copy e 4ane oe 09I copy
ou can use this format even if you have not registered your or7
The 6opyright ffice is not responsible for ensuring that your copyright is notbeing infringedCCthis is your ob ou have to launch legal action yourself and
the courts are left to decide
Assinment As the oner you may decide i4e up part or all of $our rits toanother party The assignment may be for the hole term or for ust a certainpart of the term
icense ou as the oner give someone else permission to use your or7 forcertain purposes and under certain conditions but you still retain onership oudo not i4e up $our rits
Ro$alties (oney paid to the copyright oner as commission for sales of theiror7 or permission to use them
Tariffs $et fees that users must pay for using certain copyright material
Collecti4es an organization that collects royalties on behalf of its members
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TRAEMARampS
A trade2mar is a ord symbol or design to distinguish the products or servicesof an organization or person from others t can also represent a reputation
Ordinar$ Mars ords or symbols that distinguish your product or service ampe Giddy+p
Certification Mars identify ares or services that meet a defined standardThey are oned by one person but licensed to others to identify ares orservices hich meet a defined standard ampe oolmar7 APEGGA seal
istinuisin uise identifies the unique shape of a product or its pac7ageampe eggs Egg
A trade name is the name under hich you conduct your business The tradename can be registered under the Trade(ar7s Act only if it is also used as aTrademar7 ampto identify products or services
RE$ISTERIN$ A TRAE2MARamp
The Reistered Trade2Mar is one that is entered on the Trademar7s registerou are not required to register your trademar7 if you use it for a certain lengthof time you can establish onership by 6ommon a
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bull egistration of your trademar7 gives you the eclusive right to use the mar7across Canada for 8 $ears then you have to rene it
bull t is recommended that you register your Trade(ar7 in case someone elsetries to use it
bull f you fail to use the mar7 for an etended period your registration may becancelled
bull ou can register a trademar7 by filing an application for registration ith theTrademar7s ffice our trade2mar must e used in Canada efore itcan e reistered+
RE$ISTRATION QALIFICATIONS
bull 6annot be primarily your full name or surname ampunless you can prove it is already
identified
bull ou may not register a ord that clearly describes a feature of the product orservice ampseet uicy
bull The ord cannot be clearly misleading ampdeceptively misdescriptive ampe sugarseet if it has no sugar
bull ou may not register a ord that clearly designates the place of origin of theproduct or service or if it misleads the public into thin7ing that the productcomes from there ampParis 3ashions Atlantic 6od but you can use )orth Pole =ananasbecause no one ould epect them to come from there
bull ou can use a disclaimer statement indicating that you are not claimingeclusive rights for certain ords appearing in the trademar7 n this ayyou can use clearly descriptive ords hich are unregisterable on their onampce 6ream in =ob-s ce 6ream
bull )ames of products in other languages cannot be registered ampurstlt is Germanfor sausage
bull 6annot be registered if it consists or a plant variety denomination
bull ou cannot use ords symbols sounds or ideas that are confusingly similar
to a registered trademar7 or a pending mar7 amp2ing og 3ood and 2ing 6at 3oodould be refused
bull ou cannot register a trademar7 that resembles certain official symbolsunless you have the consent of the authority in question
o fficial government symbols
o 3amily coats of arms
o =adges and crests or 6(P
o Emblems and names of ed 6ross or +)
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o 3lags of other countries
o $ymbols of provinces
=efore you try to register your trademar7 do a search and include trade namesas ell
After you have a registered trademar7 to 7eep it you mustLbull Pay the registration fees every 0H years
bull +se the trademar7 in 6anada or it ill be epunged
Assinment to sell or transfer your rights to a trademar7 to another party
Marin ReDuirements The Trade(ar7s Act does )T have anyrequirements but many oners indicate their registration through the folloingmar7s
983214 O registered trademar7
991522 O trademar7$( O service mar7
The Trade(ar7 ffice ill prevent anyone else from registering your trademar7but it is your responsibility to monitor the mar7etplace and ta7e legal action ifsomeone is using your trademar7
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PATENTS
A patent is
bull A document protecting the rights of the inventor
bull A repository of useful technical information for the public
The idea is to promote the sharing of technological information hile giving you amonopoly on your creation
ith a patent the government gives the inventor the right to eclude others fromma7ing or selling your invention
The invention is protected from the day the patent is granted to a maimum of =6ears after the day you filed your application
The Patent ffice then epects you to provide a full description of your inventionso that all 6anadians can benefit from this technology They allo your
application to be open gt montDs from the filing date during the con4ention priorit$ date
Patent applications are made pulic gt montDs after the 6anadian 3iling ate
ou must obtain a valid patent ithin 8 $ear of main te product pu1lic
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A 6anadian patent is only etended throughout 6anada ou must apply forpatent rights in other countries separately
t is important to 7eep your invention secret until your first patent application isfiled in order to preserve your rights to file later in most foreign countries
3or an invention to be patented it must be
bull NO0ET= 3irst in the orld
bull )TIIT= 3unctional and operative
bull INGEN)IT= $ho inventive ingenuity and not be obvious to someones7illed in that area
The folloing items are patentable
bull Product ampdoor loc7
bull A composition ampchemical composition li7e lubricant
bull An apparatus ampmachine to ma7e door loc7s
bull A process ampmethod
bull An improvement on any of these
The idea alone is not patentable t must be reduced to something physical
ou CANNOT patentbull A scientific principle
bull An abstract theorem
bull An idea
bull A method of doing businessbull A computer program
bull A medical treatmentn 6anada patents are given to the first inventor to file an application
f you invent something hile or7ing for an employer on the employer-s timeith the employer-s materials at the epense of the employer the inventionrights still belong to you unless you have been hired by the company to inventpatentable inventions
PATENT APPLICATION
+ $et a Patent Aent
+ Preliminar6 SearcD
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bull ou can do a preliminary search in the online database or visit the Patentffice in person
0+ Preparin tDe Patent Application
bull A patent application must consist ofo a1stract ampbrief description
o specification ampclaims and boundaries of protection
o draampins
3+ File 6our Application4+ Reuest eBamination5+ EBaminer does searcD and approes or oGects+lt+ Respond to an6 oGectionsgt+ Patent ranted or oGected+
CONENTION PRIORIT
(any countries belong to the Paris 6onvention for the Protection of ndustrialProperty
This treaty allos you to invo7e convention prioritylt hich means that your filingdate in one member country ill be recognized by all others provided you file inthose countries ithin the first year
ampe if you file in 6anada in 4anuary B111 you could file up to one year later in most countriesamp4anuary B110 and still receive the same rights as if you filed in B111
PATENT COOPERATION TREAT (PCT)
t provides a standardized international filing procedure for foreign patents hichis shared by our principal trading partners including the +$ 4apan and mostEuropean countriesou may file for a patent in as many as 01I member countries through a singleapplication filed in 6anada
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INSTRIAL ESI$N
An Industrial esin is the features of shape configuration pattern or ornamentapplied to a finished article made by hand tool or machine ampappealing to the eye
There is no time limit for filing an application as long as the design has neverbeen published ampmade public to anyone
ou must file ithin 6ear of going public ith your design or you ill lose youreclusive rights to the design
The advantage of registering your industrial design is that it gives you eclusive
right to your design for up to = 6ears from tDe date of reistration
+nless you register your design you can ma7e no legal claim of onership andhave no legal protection from imitation
nly the proprietor ampcreator of the design may obtain registration unless youhave been hired to develop a design Then the hirer is the proprietor
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Trade Secret industrial 7noho or valuable information acquired by abusiness t could be a
bull formula
bull pattern
bull device
bull compilation of info used to give you an advantage over the competitors
ou cannot registerbull That don-t have visual appeal
bull 3eatures that are hidden from vie or too small to appeal to the eye
bull A method of construction
bull An idea
bull (aterials used in construction
bull 3unction of an article
bull 6olor
ESI$N RE$ISTRATION
The application ill includebull Application forms ampdescription
bull At least one draing or photograph
bull 3ees
The process ill include
bull nitial processing
bull Eamination
bull egistration
ou do not have to mar7 your design in order to indicate that it is registered butmar7ing it gives you etra protection
As proprietor you may ta7e legal action against anyone ho infringes on yourdesign in 6anada but you must ta7e action ithin F years of the incident
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An 9assinment occurs hen you sell all or part of your rights in the designpermanently to another party
ou can 9license another user to allo someone else to use your design but
you still retain onership
To have your design protected in other countries you must apply separately ineach country
ou have 5 montDs to file for 9conention priorit6+ampe you apply to register in 6anada in 4anuary B111 then you have until 4uly B111 to file in other 6onvention countries and receive the same rights as if it ere 4anuary B111
LA FOR PROFESSIONAL EN$INEERS OOamp
CHAPTER 8 Te Canadian eal S$stem
The legal system of 6anada is based on the English common2lalt system andthe English courts of euit6lt system ampudgemade la and is calledCOMMON2LAlt
The 3ederal 6ourt of 6anada has urisdiction over federal matters such aspatents trademar7s and copyrights
Pu1lic aamp deals ith the rights and obligations of government ampcriminal and6onstitutional la
Pri4ate aamp deals ith the rights and obligations of individuals or private organizations ampCONTRACT AN TORT LA
Termsbull itigation lasuit
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bull Plaintiff party bringing the actionbull efendant party defending the actionbull Appellant party appealing the decisionbull espondent party see7ing to uphold a decisionbull Privity of contract legal relationship beteen parties to a contract
bull 6reditor party to hom an amount is oingbull ebtor party that oes an amount to creditor bull $uarantee A guarantees = the debt of 6omp amphen = doesn-t get paid
= goes to 6omp first then to A
bull Indemnification a promise to directly compensate or reimburseanother party for a loss or cost incurred f Aindemnifies = the debt of 6omp amphen = doesn-t get paid =goes directly to A
CHAPTER usiness Oraniations
Sole Proprietorsip an individual carries on business by and for himself andalso enoys the profits and incurs any losses personally
Partnersip an association of persons ho conduct business in common ith avie to profit ndividuals or organizations share profits and losses
Corporation an entity unto itself distinct from its oners ampfictitious personThe corporation itself ons its assets and incurs its on liabilities
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CHAPTER B International Considerations
t is etremely important to obtain advice from an appropriately eperiencedlayer in the foreign country or have the advice of a consultant in that countryt is ise to purchase political ris7 insurance and to use careful udgment together ith a local influential partner
$ome potential ris7s of or7ing internationally are
bull Political Ris is one of the more obvious ris7 factors in or7inginternationally The 6hanges in government can lead to significant policychanges
bull Licensin reuirements and obtaining necessary permits and approvalsin a foreign country under different legal systems can be timeconsuming
bull Financial Riss due to currency echange and controls or restrictions onthe transfer of funds out of the country
bull Contract documents and forms used on proects may be different
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CHAPTER gt Tort ia1ilit$
Tort8 generally refers to a private or civil rong or inury one that involvesnegligence and that may arise independently of contract ampcar driver and victim
amphich includes financial loss hen based on a professional-s opinion
The fundamental purpose of tort la is to compensate ictims of tortsPunishment of negligent rongdoers IS NOT a purpose of tort la
Professional liability insurance should provide protection if an engineer-snegligence results in damage arising in tort
n order to satisfy the courts that compensation should be made the plaintiff in atort action must prove that
bull The defendant oed the plaintiff a duty of care
bull The defendant breached that duty by his conduct
bull The defendant-s conduct caused the inury to the plaintiff
f any 0 of these F aspects is not proven to the satisfaction of the courts theplaintiff ill not in
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A significant factor in a tort action is the establishment of the standard of carerequired of the defendant
The standard is applied based on the premise that engineers have a duty to use
the reasonable care and s7ill of engineers of ordinary competence Thereasonable carelt is measured by applicable professional standards of theengineering profession at the time the services ere performed
Strict ia1ilit$ manufacturers and employers are held strictly liable hen faultis not necessary if compensation is to be provided ampnot yet upheld in 6anadaampe All employees ma7e contributions on behalf of employees and if someone is inuredcompensation is provided ith no finding of faultampe A manufacturer may be strictl6 lialelt if for any damages that result from the use of theirproduct
0icarious ia1ilit$ The employer is responsible for damaged caused by its
employees The employer provides compensation because it is presumed thatthe employer is in a better financial position than the employee
Concurrent Tortfeasors hen more than one party is liable in a tort actionThe defendant-s together are called concurrent tortfeasors
Products ia1ilit$ The plaintiff must be able to establish that damage hasclearly resulted from appropriate use of a product and the defendantmanufacturer must then persuade the court that at the time the manufacturercould not have foreseen the defective nature of the goods manufactured6anada has not yet ta7en a strict liability approach on products as the +$ has
Products liability has developed through principles of both contract la and tortla The tort concept of fault has been applied and implied contractualarranties that the product is effective and the contract of a sale must also eist
n productsliability matters economic losses ampin the absence of physical inurymay in some circumstances be recoverable
Standards of Care and ut$ to 5arn A manufacturer must arn theconsumer of any dangerous potential of the product by appropriate labeling
Oter Tortsbull Tort of defamation8 ampif the statements that damage the reputation are true there is
no liability
o ibel D in riting
o $lander D verbal
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bull Occupiers Liailit68 The occupier of a property must eercise therequired standard of care to ensure the safety of individuals coming ontothat property
bull Tort of Nuisance8 esigned to alleviate undue interference ith the
comfortable and convenient enoyment of the plaintiff-s landampe insecticide spray drifting onto other land
CHAPTER Proof
The burden of proof is on the plaintiff to prove the case against the defendant
Engineers often find themselves ma7ing appearances as eBpert itnesses incourt
The epert is permitted to epress opinions ith respect to his or her area ofepertise and the itness should be cautious and restrict testimony to such
area
ou ill be hired by one side and crosseamined by counsel from the otherparty
Preparation is of the utmost importance in litigation The epert itness shouldclearly understand the issues in the lasuit and be aare of the scope ofquestions that can be reasonably epected
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CHAPTER 28 Contracts
3or a contract to be binding and enforceable the folloing elements must bepresent
bull An offer made and accepted
bull (utual intent to enter into the contract
bull 6onsideration or offer ampan echange of promises each promise representing
something of valueCpayment of money is not essential
bull 6apacity to contract ampcan-t be a minor drun7 or crazyCenforceable by the drun7 if
the other party 7ne they ere intoicatedbull aful purpose 6ontract on-t be enforced if it is unlaful
An offer is a promise made by one person to another
)ot all contracts are in riting
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+ntil it is accepted the offer may be ithdran by the offeror unless it is madeepressly irrevocable by its terms
Irre4oca1le Offers =idders submit offers or tenders that have been madeirrevocable for a specific period of time At any point during that period the offer
may be accepted and a contract ill be formed
Option Contract This contract is another means of 7eeping an offer open for acertain period of timeampe The party purchasing the option may ant do eploration or7 for a period of time beforedeciding to spend a large sum of money on the property
EDuita1le Estoppel A udge can stoplt the strict terms of a contract from beingfolloed if it is proven that the terms had changed outside of the agreementampoften used hen etensions to deadlines are agreed upon and then the person tried to go bac7to the original ritten contract
Pursuant to contract la consideration ampor a seal must be present in order toma7e a change to a contract enforceable D otherise it is ust a promise not laThe courts protect the person in the situation here a promise is ta7en as fullagreement
Statute of Frauds Ensures that certain types of contracts must be in riting tobe enforceable
Rectification This order can be applied for to rectify a contract because of asecretarial or recording mista7e
)nilateral Mistae A mista7e made by only one party to a contract 6ourts illdecide hether a contractor ill be relieved of their mista7e
CHAPTER 8 Tenderin Issues Contract A
a of tendering in 6anada gives the principle that there are B separatecontracts that arise in the tendering process
0 Contract A D the contract of irrevocability ampthat deals ith the tenderingphase
B Contract D the construction contract ampapplies to the construction phase
The number of number of tenders submitted is the number of 6ontract A-s thatare formed
The original tender pac7age contents cannot be changed ithout notifyingeveryone or you are in =reach of 6ontract A
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CHAPTER 82 Contract Interpretation
Parties to a contract sometimes dispute the meaning of part of the contract Todifferent approaches can be ta7en hen interpreting contracts
bull i1eral Approac ta7es into account the intent of the parties and maylead to speculation on that intent
bull Strict Approac focuses on the precise ords in the agreement andmay rely on dictionary meanings
Contra Preferentem hen a contract is ambiguous or unclear it ill beinterpreted against the person that rote it up
Parol E4idence Rule hen verbal agreements outside of the ritten contractare included as rule in a contract n most cases if a condition is agreed uponverbally but is not included in the contract then the condition is not part of thecontract
Implied Terms hen the inclusion of obvious terms of a contract have beenoverloo7ed here it is reasonable implied terms may eist in a contract
CHAPTER 83 iscare of Contracts
There are several ays to discharge a contract
bull Performance hen all parties have completed their respectiveobligations the contract is at an end
bull Areement to iscare Parties in a contract are alays free to amend
the contract or agree to cancel or terminate the contract upon mutuallyagreed terms
bull iscare Pursuant to Epress Terms t is advised to include in acontract terms here all parties may terminate the contract if certainoutside events ere to occur ampe ban7ruptcy
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bull iscare 1$ Frustration hen changing unforeseeablecircumstances occur that may radically change the obligations of theparties
o Force Maeure Provides that the time for completion ill beetended in the event of ar riot flood labor dispute or other
events that are beyond the control of both parties
bull iscare 1$ reac of Contract ne party fail to perform obligations
o iscare 1$ Repudiation hen the party to a contract
epressly tells the other party that they have no intention ofperforming contractual obligations
CHAPTER 86 reac of Contract
f a party to a contract fails to perform obligations specified in the contract thenthat party has breached the contract
The innocent party is entitled to certain remedies depending on the nature of thebreach and the terms of the contract
Condition an obligation that is essential or vital to the contract5arrant$ an obligation that is NOT essential or vital to the contract
A =reach of 6ontract is a cause for discharge only if its effect is to render itpurposeless for the innocent party to proceed further ith performance
Repudiation hen the party to a contract epressly tells the other party thatthey have no intention of performing contractual obligations
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REMIIES
A nondefaulting party is entitled to damages for losses incurred as a result of abreach of contract
irect amaes Actual calculated difference in the cost of having to chooseone service over the other ampthe loest bid is chosen and then they refuse to do the or7so the second loest bid is chosen and the party sues for the monetary difference beteen theloest and second loest bid
Indirect amaes Are consequential to the breach and might include damagesfor lost profits or damages incurred if the contract is not fulfilled
iDuidated amaes Are preestimated damages if certain events ere tooccur that are ritten into the contract under a Penalty 6lause
ltuantum Meruit hen services have been requested and performed but nooutside agreement as reached beteen the parties as to hat payment ouldbe provided in return for the services then the courts can aard the person ithas much as is reasonably deservedlt for time spent and materials supplied
Su1stantial Compliance hen a contractor has substantially complied iththe terms of a contract yet failed to comply ith some minor aspect of thecontract The contractor ill be paid the contract price minus the cost ofdamages caused by the minor problems
Specific Performance hen the courts require a party to perform a contractual
obligation li7e the sale of land or a personal item
Inunction A court order that prohibits or restrains a party from performing anactCHAPTER 9 Fundamental reac
Applies to a contract that contains an eemption clause amphere parties limit theirliability if a breach of contract results and ma7es the eemption ineffective
CHAPTER 8 Areement etampeen Client and Enineer
A contract beteen a client and an engineer must include all of the essentialcontract elements
The document ill not specify the degree of care that is required of the engineerin carrying out the services =ut the engineer is liable for incompetence
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carelessness or negligence that results in damages to the client and for notperforming ith an ordinary and reasonable degree of care and s7ill
CHAPTER Concurrent ia1ilit$ in Tort and Contract
+nless otherise stated in a contract the standard of care epected of anengineer doing a ob is the same standard of care by hich an engineer-sperformance is measured in tort
3or a breach of contract there is a limitation period of I years from date of thebreach in hich to press charges instead of hen it is discovered
n tort the limitation period in hich to press charges starts hen the damagesare first detected
CHAPTER 3 Ar1itration and AR
A lasuit is not alays the best ay to resolve a dispute beteen contractingparties especially technical disputes
Ar1itration or Alternati4e ispute Resolution +AR- t is less costly and lesspublic than litigation
An engineer that is an arbitrator is epected to act impartially and independentlyof the parties to the dispute
The Arbitration Act deals ith the appointment of an arbitrator and sets out astructure or set of rules to govern the conduct of an arbitration unless the partiesagree that some other structure or rules ill apply
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The Act also gives arbitrators the urisdiction to aard preudgment and post udgment interests ust li7e the courts have under the 6ourts of 4ustice Act
Partnerin intended to respond to the need for improved attitudes amongstindustry participants to the importance of teamor7 on proects
This cooperative attitude should assist in resolving proect disputes at an earlystage
) TGAT) and A=TAT) result in a 4+G(E)T TgtAT $=))G
Proect Neutral (proGect manaement oerie) The companies appoint a
proect neutral usually an independent professional eperienced in the industryto be aare of developments on the proect ith a vie to offering unbiasedadvice and decisions
Mediation esolving disputes through the negotiating process involving amediator ho is to provide guidance and to facilitate the settlement process agobeteenlt in communicating proposed settlements
There is no udgmentL the parties need to or7 out their differences
CHAPTER BB Industrial Propert$
Industrial Propert$ Rits ights that generally relate to patents trademar7scopyrights and industrial design
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bull 5arranties7 isclaimers and oter Pu1lised Material evie allinformation ith the design engineer and by a products liability layer
bull Consumer Complaints nvestigate claims quic7ly to fi problems early
bull Customer Records gtave good records in case of a recall
OTAININ$ CANAIAN STANARS
6hec7 ith the $tandards 6ouncil of 6anada amp$66 They promote efficient andeffective standardization in 6anada
The $66 manages the )ational $tandards $ystem amp)$$ The )$$ ritestandards certify products test products and register quality systems ofcompanies amp$ 111
The $66 coordinates the 6anadian contribution to $ ampnternational
rganization for standards and E6 ampnternational Electrotechnical 6ommission
ISO === 7 QALIT MANA$EMENT AN QALIT ASSRANCESTANARS
t is a standard for effective management of a manufacturing corporation in orderto maimize the quality of the manufactured products
A 7ey part of the process involves the development of a ualit 3anual thatdocuments the four 7ey aspects of the certification process
bull quality policies for every aspect of the corporation-s operationsbull quality assurance procedures
bull quality process procedures
bull quality proof
ISO 3=== 7 ENIRONMENTAL MANA$EMENT SSTEMS
The process requires the company to eamine every function of its operationsith the goal of identifying activities ith a significant environmental impact andcommitting the company to preventing pollution in all of its many forms
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CHAPTER 8gt isciplinar$ Poampers and Procedures
EFINITION OF PROFESSIONAL MISCONCT
Each Association has the poer to prosecute people ho unlafully practiceprofessional engineering and to discipline licensed engineers ho are guilty ofprofessional misconduct or incompetence
The provincial Acts typically identify I causes for disciplinary action
bull Professional Misconduct Any conduct detrimental to the best interestsof the public or that harms or tends to harm the standing of the profession
generally as unprofessional conduct ampor an act that ould reasonably beregarded as unprofessional
bull Incompetence a lac7 of 7noledge s7ill udgment or disregard for theelfare of the public that demonstrates the member is unfit to carry out theresponsibilities of a professional engineer
bull Nelience carelessness or carrying out or7 that is belo the acceptedstandard of care or performance
bull reac of te Code of Etics
bull P$sical or Mental Incapacit$ this is included as a definition ofincompetence
bull Con4iction of an Offense isciplinary action against a member ho isguilty of an offense that is relevant to the member-s suitability to practice
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ISCIPLINAR PROCESS
hen a complaint of negligence incompetence or professional misconduct ismade against a licensed professional engineer it sets in motion a Fstageprocess of
bull Gathering nformationbull Evaluating the 6omplaint
bull 6onducting a 3ormal gtearing that enders 4udgment
Stipulated Order A simpler form of disciplinary hearing for less serious casesThe decision of guilt or innocence is decided by one representative and the resulthas no appeal process =oth parties agree to the outcome
f a member or licensee should be found guilty the iscipline 6ommittee can
bull suspend or revo7e your licensebull impose restriction on your license
bull require the member to be counseled or reprimanded
bull ma7e you pay cost of investigation or hearing
bull ma7e you rite eams or ta7e courses
bull impose up to a M01111 fine
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CHAPTER 8 Maintainin Professional Competence
Engineers have the privilege of selfregulation a privilege accompanied by acorresponding duty to maintain competence and avoid professionalobsolescence
The process requires engineers ampand engineering corporations to maintaincompetence by
bull enineerin practice or emplo$ment
bull formal education amp+niversity or Association courses
bull informal education ampshort courses or seminarsbull pu1lications
bull participation in enineerin societies
bull 1encmarin ampcomparing your practices against best practices
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CHAPTER 8 Enineerin Societies
The maor purpose of engineering societies is to encourage research into netheories or methods to collect and classify this ne information and todisseminate it to members so that it can be put to good use
The difference beteen an association and a society is that the Associationregulates professional behavior and the $ocieties disseminate engineeringinformation $o you should be a member of both
$ocieties have been established by groups of engineers hose commoninterests are based on
bull discipline
bull product
bull facility
bull evaluation
bull function
bull environment
bull language
bull geographical area
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THE CONCEPTS OF PROFESSIONALISM
PROFESSION
bull A learned calling ith specialized 7noledge
bull Performs services ith advanced 7noledge s7ill and udgment in hich
the public trusts
bull gtas public obligation and performs services in the general public interest
bull s bound by an ethical code in its relationship ith the public clientsemployees and colleagues
bull Accepts responsibility to regulate professional members and professionalservices provided to clients and the public
Engineering is a profession that is selfo4ernin and has the authority todiscipline members ho fail to comply ith proper standards of practice andconduct
The engineering profession is
bull highly organized
bull minimum standards of admissionbull regulate the activities of their members amps7illed practice and ethical conduct
bull promote the advancement of 7noledge
Professionals depend on the confidence ofbull the client or employer
bull the public
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ECEENCE
A shared commitment ith your peers to strive for ecellence
ETHICS
Ethics deals ith voluntary actions ta7en by an individual ith sufficient7noledge of options available
The COE OF ETHICS shapes the practice in to important aysbull provides a commonest of values hich offers a reliable professional
product to the public
bull professional relationship of trust ith the public is fundamental
APE$$A COE OF ETHICS
Professional Engineers shall recognize that professional ethics is founded uponintegrity competence dignity and devotion to service
8 P En sall old paramount7 te ealt7 safet$ and ampelfare of te pu1lic and en4ironment
bull They have an obligation to report conditions hich present an
immediate threat to safety health elfare or the environment
bull t should first be reported to the professionals involved then to
corporate or regulatory authorities
PEn sall undertae onl$ ampor tat te$ are competent to perform 1$teir trainin and eperience
bull Professional members should ensure to the best of their ability thatstatements on engineering matters attributed to them properly reflecttheir professional opinion
Stampin and Sinin ocuments8
bull Professionals shall only stamp and sign documents that they haveprepared or that have been prepared under their direct supervision andcontrol
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bull hen or7 is prepared by others they shall only stamp and sign afterhaving thoroughly revieed the or7 and accepted responsibility for it
bull Engineers ho apply their seals or stamps to reports plans or otherdocuments are stating that they understand and are in agreement ith
these documents
bull The absence of a seal or stamp does not necessarily indicate that aprofessional member has not revieed the document not does itrelieve the member from professional or legal responsibility if it can beshon that he or she as involved ith the or7
B P En sall conduct temsel4es ampit interit$7 onest$7 fairness ando1ecti4it$ in teir professional acti4ities
bull A client-s or employer-s interests should be held in high regard gtoeverthe folloing duties ta7e precedencelt
o duty to protect public safety
o duty to the professions under the 6ode of Ethics
o duty to act fairly to all parties hen administering a contract on
behalf of a client or employer
bull Professionals should 7eep confidential all information that is acquired inthe course of their professional duties and that concerns the businessaffairs of present or past clientsemployees
gt PEn sall compl$ ampit applica1le statutes7 reulations and 1$laamps inteir professional practice
bull Professionals should maintain adequate 7noledge of the la relating totheir area of practice
bull esponsible n4ironmntal mana+mnt comutr softar anddiscrimination are a fe of the subects covered under this ule
PEn sall upold and enance te onor7 dinit$7 and reputation of teir professions7 and te a1ilit$ to ser4e te pu1lic interest
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bull Advertisements proposals and presentations should be factual clearand dignified
bull A professional should be careful to give due credit to others
bull nly revie the or7 of another professional hen they have beeninformed unless there is a confidentiality agreement to the client
bull gtelp ET-s
APE$$A COE OF ETHICS
0 P Eng shall hold paramount the DealtD safet6 and elfare of tDe pulic and enironment
B PEng shall underta7e only or tDat tDe6 are competent to perform bytheir training and eperience
F P Eng shall conduct themselves ith interit6 Donest6 fairness and
oGectiit6 in their professional activities
K PEng shall compl6 itD applicale statutes reulations and 62las intheir professional practice
H PEng shall uphold and enhance the Donor dinit6 and reputation of their professions and the ability to sere tDe pulic interest
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COPRI$HTS
9RiDt to cop6
nly the oner of the or7 is alloed to reproduce the or7 or permit others tocopy it
Plaiarism is copying someone else-s or7 and claiming it as your on
Fair ealin +se or reproduction of or7 for private study research criticismrevie or nes reporting
Cop6riDts appl6 to8bull iterar$ ampors boo7s poems pamphlets computer programs
bull ramatic ampors films videos plays scripts
bull Musical ampors compositions ampords and music
bull Artistic ampors paintings draings maps photos sculptures architects
Also to8bull Performer(s performances actors musicians dancers
bull Communication Sinals broadcasters
bull Sound Recordins
6opyright is restricted to the epression in a fied manner amptet recordingdraing of an ideaL it does not etend to the idea itself
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3acts ideas and nes are all considered public property
6opyright does apply tobull $ong
bull )ovel
bull Playbull (agazine article
bull 6omputer program
bull ideo 6assettes (ovies
6opyright does NOT apply tobull $ong titlebull Plot ideabull Play of gtamletbull 3acts in an articlebull )ame of a computer programbull (a7ing a copy of a musical tape amproyalties have been paid already
bull 6opies for educational institutions ampcan 7eep radio and nes tapes for 0 year
bull )onprofit libraries archives and museumshen you create a or7 you automatically have copyright protection providedthat at the time of creation you ere a 6anadian 6itizen or a resident in a countrythat participates in 6opyright rules
Autorsip The person that creates the or7
Oampnersip f you are the creator of the or7 you on the copyright f you
create a or7 hile employed the copyright belongs to the employer ou canlegally transfer your rights to someone else then they on the copyright
uration 6opyright ampintellectual property lasts for the life of the author N H1years
Moral Rits Even if you sell your copyright you still retain moral rightsltThis means that no one including the person ho ons the copyright candistort mutilate or modify your or7 ampchange the ending use for a commercial etc
(oral rights eist for the same length as the copyrightou cannot sell or transfer your moral rights but you can aive them
RE$ISTRATION OF A COPRI$HT
ou do not have to register a copyright to have protection in 6anada
f you choose to register ith the copyright office you receive a certificate hichcan be used to your advantage if your or7 is infringed t is evidence that it is
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your or7 and you are the oner n a dispute you do not have to proveonership
ou send the application to the 6opyright office and you do not send your or7in ou may need to send a copy to the )ational ibrary of 6anada but the
6opyright office doesn-t revie your or7 at all
There is no requirement to mar7 your or7 under the 6opyright Act ou canmar7 it li7e this
)ame ear copy e 4ane oe 09I copy
ou can use this format even if you have not registered your or7
The 6opyright ffice is not responsible for ensuring that your copyright is notbeing infringedCCthis is your ob ou have to launch legal action yourself and
the courts are left to decide
Assinment As the oner you may decide i4e up part or all of $our rits toanother party The assignment may be for the hole term or for ust a certainpart of the term
icense ou as the oner give someone else permission to use your or7 forcertain purposes and under certain conditions but you still retain onership oudo not i4e up $our rits
Ro$alties (oney paid to the copyright oner as commission for sales of theiror7 or permission to use them
Tariffs $et fees that users must pay for using certain copyright material
Collecti4es an organization that collects royalties on behalf of its members
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TRAEMARampS
A trade2mar is a ord symbol or design to distinguish the products or servicesof an organization or person from others t can also represent a reputation
Ordinar$ Mars ords or symbols that distinguish your product or service ampe Giddy+p
Certification Mars identify ares or services that meet a defined standardThey are oned by one person but licensed to others to identify ares orservices hich meet a defined standard ampe oolmar7 APEGGA seal
istinuisin uise identifies the unique shape of a product or its pac7ageampe eggs Egg
A trade name is the name under hich you conduct your business The tradename can be registered under the Trade(ar7s Act only if it is also used as aTrademar7 ampto identify products or services
RE$ISTERIN$ A TRAE2MARamp
The Reistered Trade2Mar is one that is entered on the Trademar7s registerou are not required to register your trademar7 if you use it for a certain lengthof time you can establish onership by 6ommon a
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bull egistration of your trademar7 gives you the eclusive right to use the mar7across Canada for 8 $ears then you have to rene it
bull t is recommended that you register your Trade(ar7 in case someone elsetries to use it
bull f you fail to use the mar7 for an etended period your registration may becancelled
bull ou can register a trademar7 by filing an application for registration ith theTrademar7s ffice our trade2mar must e used in Canada efore itcan e reistered+
RE$ISTRATION QALIFICATIONS
bull 6annot be primarily your full name or surname ampunless you can prove it is already
identified
bull ou may not register a ord that clearly describes a feature of the product orservice ampseet uicy
bull The ord cannot be clearly misleading ampdeceptively misdescriptive ampe sugarseet if it has no sugar
bull ou may not register a ord that clearly designates the place of origin of theproduct or service or if it misleads the public into thin7ing that the productcomes from there ampParis 3ashions Atlantic 6od but you can use )orth Pole =ananasbecause no one ould epect them to come from there
bull ou can use a disclaimer statement indicating that you are not claimingeclusive rights for certain ords appearing in the trademar7 n this ayyou can use clearly descriptive ords hich are unregisterable on their onampce 6ream in =ob-s ce 6ream
bull )ames of products in other languages cannot be registered ampurstlt is Germanfor sausage
bull 6annot be registered if it consists or a plant variety denomination
bull ou cannot use ords symbols sounds or ideas that are confusingly similar
to a registered trademar7 or a pending mar7 amp2ing og 3ood and 2ing 6at 3oodould be refused
bull ou cannot register a trademar7 that resembles certain official symbolsunless you have the consent of the authority in question
o fficial government symbols
o 3amily coats of arms
o =adges and crests or 6(P
o Emblems and names of ed 6ross or +)
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o 3lags of other countries
o $ymbols of provinces
=efore you try to register your trademar7 do a search and include trade namesas ell
After you have a registered trademar7 to 7eep it you mustLbull Pay the registration fees every 0H years
bull +se the trademar7 in 6anada or it ill be epunged
Assinment to sell or transfer your rights to a trademar7 to another party
Marin ReDuirements The Trade(ar7s Act does )T have anyrequirements but many oners indicate their registration through the folloingmar7s
983214 O registered trademar7
991522 O trademar7$( O service mar7
The Trade(ar7 ffice ill prevent anyone else from registering your trademar7but it is your responsibility to monitor the mar7etplace and ta7e legal action ifsomeone is using your trademar7
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PATENTS
A patent is
bull A document protecting the rights of the inventor
bull A repository of useful technical information for the public
The idea is to promote the sharing of technological information hile giving you amonopoly on your creation
ith a patent the government gives the inventor the right to eclude others fromma7ing or selling your invention
The invention is protected from the day the patent is granted to a maimum of =6ears after the day you filed your application
The Patent ffice then epects you to provide a full description of your inventionso that all 6anadians can benefit from this technology They allo your
application to be open gt montDs from the filing date during the con4ention priorit$ date
Patent applications are made pulic gt montDs after the 6anadian 3iling ate
ou must obtain a valid patent ithin 8 $ear of main te product pu1lic
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A 6anadian patent is only etended throughout 6anada ou must apply forpatent rights in other countries separately
t is important to 7eep your invention secret until your first patent application isfiled in order to preserve your rights to file later in most foreign countries
3or an invention to be patented it must be
bull NO0ET= 3irst in the orld
bull )TIIT= 3unctional and operative
bull INGEN)IT= $ho inventive ingenuity and not be obvious to someones7illed in that area
The folloing items are patentable
bull Product ampdoor loc7
bull A composition ampchemical composition li7e lubricant
bull An apparatus ampmachine to ma7e door loc7s
bull A process ampmethod
bull An improvement on any of these
The idea alone is not patentable t must be reduced to something physical
ou CANNOT patentbull A scientific principle
bull An abstract theorem
bull An idea
bull A method of doing businessbull A computer program
bull A medical treatmentn 6anada patents are given to the first inventor to file an application
f you invent something hile or7ing for an employer on the employer-s timeith the employer-s materials at the epense of the employer the inventionrights still belong to you unless you have been hired by the company to inventpatentable inventions
PATENT APPLICATION
+ $et a Patent Aent
+ Preliminar6 SearcD
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bull ou can do a preliminary search in the online database or visit the Patentffice in person
0+ Preparin tDe Patent Application
bull A patent application must consist ofo a1stract ampbrief description
o specification ampclaims and boundaries of protection
o draampins
3+ File 6our Application4+ Reuest eBamination5+ EBaminer does searcD and approes or oGects+lt+ Respond to an6 oGectionsgt+ Patent ranted or oGected+
CONENTION PRIORIT
(any countries belong to the Paris 6onvention for the Protection of ndustrialProperty
This treaty allos you to invo7e convention prioritylt hich means that your filingdate in one member country ill be recognized by all others provided you file inthose countries ithin the first year
ampe if you file in 6anada in 4anuary B111 you could file up to one year later in most countriesamp4anuary B110 and still receive the same rights as if you filed in B111
PATENT COOPERATION TREAT (PCT)
t provides a standardized international filing procedure for foreign patents hichis shared by our principal trading partners including the +$ 4apan and mostEuropean countriesou may file for a patent in as many as 01I member countries through a singleapplication filed in 6anada
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INSTRIAL ESI$N
An Industrial esin is the features of shape configuration pattern or ornamentapplied to a finished article made by hand tool or machine ampappealing to the eye
There is no time limit for filing an application as long as the design has neverbeen published ampmade public to anyone
ou must file ithin 6ear of going public ith your design or you ill lose youreclusive rights to the design
The advantage of registering your industrial design is that it gives you eclusive
right to your design for up to = 6ears from tDe date of reistration
+nless you register your design you can ma7e no legal claim of onership andhave no legal protection from imitation
nly the proprietor ampcreator of the design may obtain registration unless youhave been hired to develop a design Then the hirer is the proprietor
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Trade Secret industrial 7noho or valuable information acquired by abusiness t could be a
bull formula
bull pattern
bull device
bull compilation of info used to give you an advantage over the competitors
ou cannot registerbull That don-t have visual appeal
bull 3eatures that are hidden from vie or too small to appeal to the eye
bull A method of construction
bull An idea
bull (aterials used in construction
bull 3unction of an article
bull 6olor
ESI$N RE$ISTRATION
The application ill includebull Application forms ampdescription
bull At least one draing or photograph
bull 3ees
The process ill include
bull nitial processing
bull Eamination
bull egistration
ou do not have to mar7 your design in order to indicate that it is registered butmar7ing it gives you etra protection
As proprietor you may ta7e legal action against anyone ho infringes on yourdesign in 6anada but you must ta7e action ithin F years of the incident
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An 9assinment occurs hen you sell all or part of your rights in the designpermanently to another party
ou can 9license another user to allo someone else to use your design but
you still retain onership
To have your design protected in other countries you must apply separately ineach country
ou have 5 montDs to file for 9conention priorit6+ampe you apply to register in 6anada in 4anuary B111 then you have until 4uly B111 to file in other 6onvention countries and receive the same rights as if it ere 4anuary B111
LA FOR PROFESSIONAL EN$INEERS OOamp
CHAPTER 8 Te Canadian eal S$stem
The legal system of 6anada is based on the English common2lalt system andthe English courts of euit6lt system ampudgemade la and is calledCOMMON2LAlt
The 3ederal 6ourt of 6anada has urisdiction over federal matters such aspatents trademar7s and copyrights
Pu1lic aamp deals ith the rights and obligations of government ampcriminal and6onstitutional la
Pri4ate aamp deals ith the rights and obligations of individuals or private organizations ampCONTRACT AN TORT LA
Termsbull itigation lasuit
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bull Plaintiff party bringing the actionbull efendant party defending the actionbull Appellant party appealing the decisionbull espondent party see7ing to uphold a decisionbull Privity of contract legal relationship beteen parties to a contract
bull 6reditor party to hom an amount is oingbull ebtor party that oes an amount to creditor bull $uarantee A guarantees = the debt of 6omp amphen = doesn-t get paid
= goes to 6omp first then to A
bull Indemnification a promise to directly compensate or reimburseanother party for a loss or cost incurred f Aindemnifies = the debt of 6omp amphen = doesn-t get paid =goes directly to A
CHAPTER usiness Oraniations
Sole Proprietorsip an individual carries on business by and for himself andalso enoys the profits and incurs any losses personally
Partnersip an association of persons ho conduct business in common ith avie to profit ndividuals or organizations share profits and losses
Corporation an entity unto itself distinct from its oners ampfictitious personThe corporation itself ons its assets and incurs its on liabilities
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CHAPTER B International Considerations
t is etremely important to obtain advice from an appropriately eperiencedlayer in the foreign country or have the advice of a consultant in that countryt is ise to purchase political ris7 insurance and to use careful udgment together ith a local influential partner
$ome potential ris7s of or7ing internationally are
bull Political Ris is one of the more obvious ris7 factors in or7inginternationally The 6hanges in government can lead to significant policychanges
bull Licensin reuirements and obtaining necessary permits and approvalsin a foreign country under different legal systems can be timeconsuming
bull Financial Riss due to currency echange and controls or restrictions onthe transfer of funds out of the country
bull Contract documents and forms used on proects may be different
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CHAPTER gt Tort ia1ilit$
Tort8 generally refers to a private or civil rong or inury one that involvesnegligence and that may arise independently of contract ampcar driver and victim
amphich includes financial loss hen based on a professional-s opinion
The fundamental purpose of tort la is to compensate ictims of tortsPunishment of negligent rongdoers IS NOT a purpose of tort la
Professional liability insurance should provide protection if an engineer-snegligence results in damage arising in tort
n order to satisfy the courts that compensation should be made the plaintiff in atort action must prove that
bull The defendant oed the plaintiff a duty of care
bull The defendant breached that duty by his conduct
bull The defendant-s conduct caused the inury to the plaintiff
f any 0 of these F aspects is not proven to the satisfaction of the courts theplaintiff ill not in
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A significant factor in a tort action is the establishment of the standard of carerequired of the defendant
The standard is applied based on the premise that engineers have a duty to use
the reasonable care and s7ill of engineers of ordinary competence Thereasonable carelt is measured by applicable professional standards of theengineering profession at the time the services ere performed
Strict ia1ilit$ manufacturers and employers are held strictly liable hen faultis not necessary if compensation is to be provided ampnot yet upheld in 6anadaampe All employees ma7e contributions on behalf of employees and if someone is inuredcompensation is provided ith no finding of faultampe A manufacturer may be strictl6 lialelt if for any damages that result from the use of theirproduct
0icarious ia1ilit$ The employer is responsible for damaged caused by its
employees The employer provides compensation because it is presumed thatthe employer is in a better financial position than the employee
Concurrent Tortfeasors hen more than one party is liable in a tort actionThe defendant-s together are called concurrent tortfeasors
Products ia1ilit$ The plaintiff must be able to establish that damage hasclearly resulted from appropriate use of a product and the defendantmanufacturer must then persuade the court that at the time the manufacturercould not have foreseen the defective nature of the goods manufactured6anada has not yet ta7en a strict liability approach on products as the +$ has
Products liability has developed through principles of both contract la and tortla The tort concept of fault has been applied and implied contractualarranties that the product is effective and the contract of a sale must also eist
n productsliability matters economic losses ampin the absence of physical inurymay in some circumstances be recoverable
Standards of Care and ut$ to 5arn A manufacturer must arn theconsumer of any dangerous potential of the product by appropriate labeling
Oter Tortsbull Tort of defamation8 ampif the statements that damage the reputation are true there is
no liability
o ibel D in riting
o $lander D verbal
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bull Occupiers Liailit68 The occupier of a property must eercise therequired standard of care to ensure the safety of individuals coming ontothat property
bull Tort of Nuisance8 esigned to alleviate undue interference ith the
comfortable and convenient enoyment of the plaintiff-s landampe insecticide spray drifting onto other land
CHAPTER Proof
The burden of proof is on the plaintiff to prove the case against the defendant
Engineers often find themselves ma7ing appearances as eBpert itnesses incourt
The epert is permitted to epress opinions ith respect to his or her area ofepertise and the itness should be cautious and restrict testimony to such
area
ou ill be hired by one side and crosseamined by counsel from the otherparty
Preparation is of the utmost importance in litigation The epert itness shouldclearly understand the issues in the lasuit and be aare of the scope ofquestions that can be reasonably epected
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CHAPTER 28 Contracts
3or a contract to be binding and enforceable the folloing elements must bepresent
bull An offer made and accepted
bull (utual intent to enter into the contract
bull 6onsideration or offer ampan echange of promises each promise representing
something of valueCpayment of money is not essential
bull 6apacity to contract ampcan-t be a minor drun7 or crazyCenforceable by the drun7 if
the other party 7ne they ere intoicatedbull aful purpose 6ontract on-t be enforced if it is unlaful
An offer is a promise made by one person to another
)ot all contracts are in riting
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+ntil it is accepted the offer may be ithdran by the offeror unless it is madeepressly irrevocable by its terms
Irre4oca1le Offers =idders submit offers or tenders that have been madeirrevocable for a specific period of time At any point during that period the offer
may be accepted and a contract ill be formed
Option Contract This contract is another means of 7eeping an offer open for acertain period of timeampe The party purchasing the option may ant do eploration or7 for a period of time beforedeciding to spend a large sum of money on the property
EDuita1le Estoppel A udge can stoplt the strict terms of a contract from beingfolloed if it is proven that the terms had changed outside of the agreementampoften used hen etensions to deadlines are agreed upon and then the person tried to go bac7to the original ritten contract
Pursuant to contract la consideration ampor a seal must be present in order toma7e a change to a contract enforceable D otherise it is ust a promise not laThe courts protect the person in the situation here a promise is ta7en as fullagreement
Statute of Frauds Ensures that certain types of contracts must be in riting tobe enforceable
Rectification This order can be applied for to rectify a contract because of asecretarial or recording mista7e
)nilateral Mistae A mista7e made by only one party to a contract 6ourts illdecide hether a contractor ill be relieved of their mista7e
CHAPTER 8 Tenderin Issues Contract A
a of tendering in 6anada gives the principle that there are B separatecontracts that arise in the tendering process
0 Contract A D the contract of irrevocability ampthat deals ith the tenderingphase
B Contract D the construction contract ampapplies to the construction phase
The number of number of tenders submitted is the number of 6ontract A-s thatare formed
The original tender pac7age contents cannot be changed ithout notifyingeveryone or you are in =reach of 6ontract A
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CHAPTER 82 Contract Interpretation
Parties to a contract sometimes dispute the meaning of part of the contract Todifferent approaches can be ta7en hen interpreting contracts
bull i1eral Approac ta7es into account the intent of the parties and maylead to speculation on that intent
bull Strict Approac focuses on the precise ords in the agreement andmay rely on dictionary meanings
Contra Preferentem hen a contract is ambiguous or unclear it ill beinterpreted against the person that rote it up
Parol E4idence Rule hen verbal agreements outside of the ritten contractare included as rule in a contract n most cases if a condition is agreed uponverbally but is not included in the contract then the condition is not part of thecontract
Implied Terms hen the inclusion of obvious terms of a contract have beenoverloo7ed here it is reasonable implied terms may eist in a contract
CHAPTER 83 iscare of Contracts
There are several ays to discharge a contract
bull Performance hen all parties have completed their respectiveobligations the contract is at an end
bull Areement to iscare Parties in a contract are alays free to amend
the contract or agree to cancel or terminate the contract upon mutuallyagreed terms
bull iscare Pursuant to Epress Terms t is advised to include in acontract terms here all parties may terminate the contract if certainoutside events ere to occur ampe ban7ruptcy
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bull iscare 1$ Frustration hen changing unforeseeablecircumstances occur that may radically change the obligations of theparties
o Force Maeure Provides that the time for completion ill beetended in the event of ar riot flood labor dispute or other
events that are beyond the control of both parties
bull iscare 1$ reac of Contract ne party fail to perform obligations
o iscare 1$ Repudiation hen the party to a contract
epressly tells the other party that they have no intention ofperforming contractual obligations
CHAPTER 86 reac of Contract
f a party to a contract fails to perform obligations specified in the contract thenthat party has breached the contract
The innocent party is entitled to certain remedies depending on the nature of thebreach and the terms of the contract
Condition an obligation that is essential or vital to the contract5arrant$ an obligation that is NOT essential or vital to the contract
A =reach of 6ontract is a cause for discharge only if its effect is to render itpurposeless for the innocent party to proceed further ith performance
Repudiation hen the party to a contract epressly tells the other party thatthey have no intention of performing contractual obligations
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REMIIES
A nondefaulting party is entitled to damages for losses incurred as a result of abreach of contract
irect amaes Actual calculated difference in the cost of having to chooseone service over the other ampthe loest bid is chosen and then they refuse to do the or7so the second loest bid is chosen and the party sues for the monetary difference beteen theloest and second loest bid
Indirect amaes Are consequential to the breach and might include damagesfor lost profits or damages incurred if the contract is not fulfilled
iDuidated amaes Are preestimated damages if certain events ere tooccur that are ritten into the contract under a Penalty 6lause
ltuantum Meruit hen services have been requested and performed but nooutside agreement as reached beteen the parties as to hat payment ouldbe provided in return for the services then the courts can aard the person ithas much as is reasonably deservedlt for time spent and materials supplied
Su1stantial Compliance hen a contractor has substantially complied iththe terms of a contract yet failed to comply ith some minor aspect of thecontract The contractor ill be paid the contract price minus the cost ofdamages caused by the minor problems
Specific Performance hen the courts require a party to perform a contractual
obligation li7e the sale of land or a personal item
Inunction A court order that prohibits or restrains a party from performing anactCHAPTER 9 Fundamental reac
Applies to a contract that contains an eemption clause amphere parties limit theirliability if a breach of contract results and ma7es the eemption ineffective
CHAPTER 8 Areement etampeen Client and Enineer
A contract beteen a client and an engineer must include all of the essentialcontract elements
The document ill not specify the degree of care that is required of the engineerin carrying out the services =ut the engineer is liable for incompetence
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carelessness or negligence that results in damages to the client and for notperforming ith an ordinary and reasonable degree of care and s7ill
CHAPTER Concurrent ia1ilit$ in Tort and Contract
+nless otherise stated in a contract the standard of care epected of anengineer doing a ob is the same standard of care by hich an engineer-sperformance is measured in tort
3or a breach of contract there is a limitation period of I years from date of thebreach in hich to press charges instead of hen it is discovered
n tort the limitation period in hich to press charges starts hen the damagesare first detected
CHAPTER 3 Ar1itration and AR
A lasuit is not alays the best ay to resolve a dispute beteen contractingparties especially technical disputes
Ar1itration or Alternati4e ispute Resolution +AR- t is less costly and lesspublic than litigation
An engineer that is an arbitrator is epected to act impartially and independentlyof the parties to the dispute
The Arbitration Act deals ith the appointment of an arbitrator and sets out astructure or set of rules to govern the conduct of an arbitration unless the partiesagree that some other structure or rules ill apply
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The Act also gives arbitrators the urisdiction to aard preudgment and post udgment interests ust li7e the courts have under the 6ourts of 4ustice Act
Partnerin intended to respond to the need for improved attitudes amongstindustry participants to the importance of teamor7 on proects
This cooperative attitude should assist in resolving proect disputes at an earlystage
) TGAT) and A=TAT) result in a 4+G(E)T TgtAT $=))G
Proect Neutral (proGect manaement oerie) The companies appoint a
proect neutral usually an independent professional eperienced in the industryto be aare of developments on the proect ith a vie to offering unbiasedadvice and decisions
Mediation esolving disputes through the negotiating process involving amediator ho is to provide guidance and to facilitate the settlement process agobeteenlt in communicating proposed settlements
There is no udgmentL the parties need to or7 out their differences
CHAPTER BB Industrial Propert$
Industrial Propert$ Rits ights that generally relate to patents trademar7scopyrights and industrial design
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CHAPTER 8gt isciplinar$ Poampers and Procedures
EFINITION OF PROFESSIONAL MISCONCT
Each Association has the poer to prosecute people ho unlafully practiceprofessional engineering and to discipline licensed engineers ho are guilty ofprofessional misconduct or incompetence
The provincial Acts typically identify I causes for disciplinary action
bull Professional Misconduct Any conduct detrimental to the best interestsof the public or that harms or tends to harm the standing of the profession
generally as unprofessional conduct ampor an act that ould reasonably beregarded as unprofessional
bull Incompetence a lac7 of 7noledge s7ill udgment or disregard for theelfare of the public that demonstrates the member is unfit to carry out theresponsibilities of a professional engineer
bull Nelience carelessness or carrying out or7 that is belo the acceptedstandard of care or performance
bull reac of te Code of Etics
bull P$sical or Mental Incapacit$ this is included as a definition ofincompetence
bull Con4iction of an Offense isciplinary action against a member ho isguilty of an offense that is relevant to the member-s suitability to practice
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ISCIPLINAR PROCESS
hen a complaint of negligence incompetence or professional misconduct ismade against a licensed professional engineer it sets in motion a Fstageprocess of
bull Gathering nformationbull Evaluating the 6omplaint
bull 6onducting a 3ormal gtearing that enders 4udgment
Stipulated Order A simpler form of disciplinary hearing for less serious casesThe decision of guilt or innocence is decided by one representative and the resulthas no appeal process =oth parties agree to the outcome
f a member or licensee should be found guilty the iscipline 6ommittee can
bull suspend or revo7e your licensebull impose restriction on your license
bull require the member to be counseled or reprimanded
bull ma7e you pay cost of investigation or hearing
bull ma7e you rite eams or ta7e courses
bull impose up to a M01111 fine
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CHAPTER 8 Maintainin Professional Competence
Engineers have the privilege of selfregulation a privilege accompanied by acorresponding duty to maintain competence and avoid professionalobsolescence
The process requires engineers ampand engineering corporations to maintaincompetence by
bull enineerin practice or emplo$ment
bull formal education amp+niversity or Association courses
bull informal education ampshort courses or seminarsbull pu1lications
bull participation in enineerin societies
bull 1encmarin ampcomparing your practices against best practices
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CHAPTER 8 Enineerin Societies
The maor purpose of engineering societies is to encourage research into netheories or methods to collect and classify this ne information and todisseminate it to members so that it can be put to good use
The difference beteen an association and a society is that the Associationregulates professional behavior and the $ocieties disseminate engineeringinformation $o you should be a member of both
$ocieties have been established by groups of engineers hose commoninterests are based on
bull discipline
bull product
bull facility
bull evaluation
bull function
bull environment
bull language
bull geographical area
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THE CONCEPTS OF PROFESSIONALISM
PROFESSION
bull A learned calling ith specialized 7noledge
bull Performs services ith advanced 7noledge s7ill and udgment in hich
the public trusts
bull gtas public obligation and performs services in the general public interest
bull s bound by an ethical code in its relationship ith the public clientsemployees and colleagues
bull Accepts responsibility to regulate professional members and professionalservices provided to clients and the public
Engineering is a profession that is selfo4ernin and has the authority todiscipline members ho fail to comply ith proper standards of practice andconduct
The engineering profession is
bull highly organized
bull minimum standards of admissionbull regulate the activities of their members amps7illed practice and ethical conduct
bull promote the advancement of 7noledge
Professionals depend on the confidence ofbull the client or employer
bull the public
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ECEENCE
A shared commitment ith your peers to strive for ecellence
ETHICS
Ethics deals ith voluntary actions ta7en by an individual ith sufficient7noledge of options available
The COE OF ETHICS shapes the practice in to important aysbull provides a commonest of values hich offers a reliable professional
product to the public
bull professional relationship of trust ith the public is fundamental
APE$$A COE OF ETHICS
Professional Engineers shall recognize that professional ethics is founded uponintegrity competence dignity and devotion to service
8 P En sall old paramount7 te ealt7 safet$ and ampelfare of te pu1lic and en4ironment
bull They have an obligation to report conditions hich present an
immediate threat to safety health elfare or the environment
bull t should first be reported to the professionals involved then to
corporate or regulatory authorities
PEn sall undertae onl$ ampor tat te$ are competent to perform 1$teir trainin and eperience
bull Professional members should ensure to the best of their ability thatstatements on engineering matters attributed to them properly reflecttheir professional opinion
Stampin and Sinin ocuments8
bull Professionals shall only stamp and sign documents that they haveprepared or that have been prepared under their direct supervision andcontrol
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bull hen or7 is prepared by others they shall only stamp and sign afterhaving thoroughly revieed the or7 and accepted responsibility for it
bull Engineers ho apply their seals or stamps to reports plans or otherdocuments are stating that they understand and are in agreement ith
these documents
bull The absence of a seal or stamp does not necessarily indicate that aprofessional member has not revieed the document not does itrelieve the member from professional or legal responsibility if it can beshon that he or she as involved ith the or7
B P En sall conduct temsel4es ampit interit$7 onest$7 fairness ando1ecti4it$ in teir professional acti4ities
bull A client-s or employer-s interests should be held in high regard gtoeverthe folloing duties ta7e precedencelt
o duty to protect public safety
o duty to the professions under the 6ode of Ethics
o duty to act fairly to all parties hen administering a contract on
behalf of a client or employer
bull Professionals should 7eep confidential all information that is acquired inthe course of their professional duties and that concerns the businessaffairs of present or past clientsemployees
gt PEn sall compl$ ampit applica1le statutes7 reulations and 1$laamps inteir professional practice
bull Professionals should maintain adequate 7noledge of the la relating totheir area of practice
bull esponsible n4ironmntal mana+mnt comutr softar anddiscrimination are a fe of the subects covered under this ule
PEn sall upold and enance te onor7 dinit$7 and reputation of teir professions7 and te a1ilit$ to ser4e te pu1lic interest
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bull Advertisements proposals and presentations should be factual clearand dignified
bull A professional should be careful to give due credit to others
bull nly revie the or7 of another professional hen they have beeninformed unless there is a confidentiality agreement to the client
bull gtelp ET-s
APE$$A COE OF ETHICS
0 P Eng shall hold paramount the DealtD safet6 and elfare of tDe pulic and enironment
B PEng shall underta7e only or tDat tDe6 are competent to perform bytheir training and eperience
F P Eng shall conduct themselves ith interit6 Donest6 fairness and
oGectiit6 in their professional activities
K PEng shall compl6 itD applicale statutes reulations and 62las intheir professional practice
H PEng shall uphold and enhance the Donor dinit6 and reputation of their professions and the ability to sere tDe pulic interest
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COPRI$HTS
9RiDt to cop6
nly the oner of the or7 is alloed to reproduce the or7 or permit others tocopy it
Plaiarism is copying someone else-s or7 and claiming it as your on
Fair ealin +se or reproduction of or7 for private study research criticismrevie or nes reporting
Cop6riDts appl6 to8bull iterar$ ampors boo7s poems pamphlets computer programs
bull ramatic ampors films videos plays scripts
bull Musical ampors compositions ampords and music
bull Artistic ampors paintings draings maps photos sculptures architects
Also to8bull Performer(s performances actors musicians dancers
bull Communication Sinals broadcasters
bull Sound Recordins
6opyright is restricted to the epression in a fied manner amptet recordingdraing of an ideaL it does not etend to the idea itself
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3acts ideas and nes are all considered public property
6opyright does apply tobull $ong
bull )ovel
bull Playbull (agazine article
bull 6omputer program
bull ideo 6assettes (ovies
6opyright does NOT apply tobull $ong titlebull Plot ideabull Play of gtamletbull 3acts in an articlebull )ame of a computer programbull (a7ing a copy of a musical tape amproyalties have been paid already
bull 6opies for educational institutions ampcan 7eep radio and nes tapes for 0 year
bull )onprofit libraries archives and museumshen you create a or7 you automatically have copyright protection providedthat at the time of creation you ere a 6anadian 6itizen or a resident in a countrythat participates in 6opyright rules
Autorsip The person that creates the or7
Oampnersip f you are the creator of the or7 you on the copyright f you
create a or7 hile employed the copyright belongs to the employer ou canlegally transfer your rights to someone else then they on the copyright
uration 6opyright ampintellectual property lasts for the life of the author N H1years
Moral Rits Even if you sell your copyright you still retain moral rightsltThis means that no one including the person ho ons the copyright candistort mutilate or modify your or7 ampchange the ending use for a commercial etc
(oral rights eist for the same length as the copyrightou cannot sell or transfer your moral rights but you can aive them
RE$ISTRATION OF A COPRI$HT
ou do not have to register a copyright to have protection in 6anada
f you choose to register ith the copyright office you receive a certificate hichcan be used to your advantage if your or7 is infringed t is evidence that it is
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your or7 and you are the oner n a dispute you do not have to proveonership
ou send the application to the 6opyright office and you do not send your or7in ou may need to send a copy to the )ational ibrary of 6anada but the
6opyright office doesn-t revie your or7 at all
There is no requirement to mar7 your or7 under the 6opyright Act ou canmar7 it li7e this
)ame ear copy e 4ane oe 09I copy
ou can use this format even if you have not registered your or7
The 6opyright ffice is not responsible for ensuring that your copyright is notbeing infringedCCthis is your ob ou have to launch legal action yourself and
the courts are left to decide
Assinment As the oner you may decide i4e up part or all of $our rits toanother party The assignment may be for the hole term or for ust a certainpart of the term
icense ou as the oner give someone else permission to use your or7 forcertain purposes and under certain conditions but you still retain onership oudo not i4e up $our rits
Ro$alties (oney paid to the copyright oner as commission for sales of theiror7 or permission to use them
Tariffs $et fees that users must pay for using certain copyright material
Collecti4es an organization that collects royalties on behalf of its members
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TRAEMARampS
A trade2mar is a ord symbol or design to distinguish the products or servicesof an organization or person from others t can also represent a reputation
Ordinar$ Mars ords or symbols that distinguish your product or service ampe Giddy+p
Certification Mars identify ares or services that meet a defined standardThey are oned by one person but licensed to others to identify ares orservices hich meet a defined standard ampe oolmar7 APEGGA seal
istinuisin uise identifies the unique shape of a product or its pac7ageampe eggs Egg
A trade name is the name under hich you conduct your business The tradename can be registered under the Trade(ar7s Act only if it is also used as aTrademar7 ampto identify products or services
RE$ISTERIN$ A TRAE2MARamp
The Reistered Trade2Mar is one that is entered on the Trademar7s registerou are not required to register your trademar7 if you use it for a certain lengthof time you can establish onership by 6ommon a
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bull egistration of your trademar7 gives you the eclusive right to use the mar7across Canada for 8 $ears then you have to rene it
bull t is recommended that you register your Trade(ar7 in case someone elsetries to use it
bull f you fail to use the mar7 for an etended period your registration may becancelled
bull ou can register a trademar7 by filing an application for registration ith theTrademar7s ffice our trade2mar must e used in Canada efore itcan e reistered+
RE$ISTRATION QALIFICATIONS
bull 6annot be primarily your full name or surname ampunless you can prove it is already
identified
bull ou may not register a ord that clearly describes a feature of the product orservice ampseet uicy
bull The ord cannot be clearly misleading ampdeceptively misdescriptive ampe sugarseet if it has no sugar
bull ou may not register a ord that clearly designates the place of origin of theproduct or service or if it misleads the public into thin7ing that the productcomes from there ampParis 3ashions Atlantic 6od but you can use )orth Pole =ananasbecause no one ould epect them to come from there
bull ou can use a disclaimer statement indicating that you are not claimingeclusive rights for certain ords appearing in the trademar7 n this ayyou can use clearly descriptive ords hich are unregisterable on their onampce 6ream in =ob-s ce 6ream
bull )ames of products in other languages cannot be registered ampurstlt is Germanfor sausage
bull 6annot be registered if it consists or a plant variety denomination
bull ou cannot use ords symbols sounds or ideas that are confusingly similar
to a registered trademar7 or a pending mar7 amp2ing og 3ood and 2ing 6at 3oodould be refused
bull ou cannot register a trademar7 that resembles certain official symbolsunless you have the consent of the authority in question
o fficial government symbols
o 3amily coats of arms
o =adges and crests or 6(P
o Emblems and names of ed 6ross or +)
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o 3lags of other countries
o $ymbols of provinces
=efore you try to register your trademar7 do a search and include trade namesas ell
After you have a registered trademar7 to 7eep it you mustLbull Pay the registration fees every 0H years
bull +se the trademar7 in 6anada or it ill be epunged
Assinment to sell or transfer your rights to a trademar7 to another party
Marin ReDuirements The Trade(ar7s Act does )T have anyrequirements but many oners indicate their registration through the folloingmar7s
983214 O registered trademar7
991522 O trademar7$( O service mar7
The Trade(ar7 ffice ill prevent anyone else from registering your trademar7but it is your responsibility to monitor the mar7etplace and ta7e legal action ifsomeone is using your trademar7
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PATENTS
A patent is
bull A document protecting the rights of the inventor
bull A repository of useful technical information for the public
The idea is to promote the sharing of technological information hile giving you amonopoly on your creation
ith a patent the government gives the inventor the right to eclude others fromma7ing or selling your invention
The invention is protected from the day the patent is granted to a maimum of =6ears after the day you filed your application
The Patent ffice then epects you to provide a full description of your inventionso that all 6anadians can benefit from this technology They allo your
application to be open gt montDs from the filing date during the con4ention priorit$ date
Patent applications are made pulic gt montDs after the 6anadian 3iling ate
ou must obtain a valid patent ithin 8 $ear of main te product pu1lic
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A 6anadian patent is only etended throughout 6anada ou must apply forpatent rights in other countries separately
t is important to 7eep your invention secret until your first patent application isfiled in order to preserve your rights to file later in most foreign countries
3or an invention to be patented it must be
bull NO0ET= 3irst in the orld
bull )TIIT= 3unctional and operative
bull INGEN)IT= $ho inventive ingenuity and not be obvious to someones7illed in that area
The folloing items are patentable
bull Product ampdoor loc7
bull A composition ampchemical composition li7e lubricant
bull An apparatus ampmachine to ma7e door loc7s
bull A process ampmethod
bull An improvement on any of these
The idea alone is not patentable t must be reduced to something physical
ou CANNOT patentbull A scientific principle
bull An abstract theorem
bull An idea
bull A method of doing businessbull A computer program
bull A medical treatmentn 6anada patents are given to the first inventor to file an application
f you invent something hile or7ing for an employer on the employer-s timeith the employer-s materials at the epense of the employer the inventionrights still belong to you unless you have been hired by the company to inventpatentable inventions
PATENT APPLICATION
+ $et a Patent Aent
+ Preliminar6 SearcD
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bull ou can do a preliminary search in the online database or visit the Patentffice in person
0+ Preparin tDe Patent Application
bull A patent application must consist ofo a1stract ampbrief description
o specification ampclaims and boundaries of protection
o draampins
3+ File 6our Application4+ Reuest eBamination5+ EBaminer does searcD and approes or oGects+lt+ Respond to an6 oGectionsgt+ Patent ranted or oGected+
CONENTION PRIORIT
(any countries belong to the Paris 6onvention for the Protection of ndustrialProperty
This treaty allos you to invo7e convention prioritylt hich means that your filingdate in one member country ill be recognized by all others provided you file inthose countries ithin the first year
ampe if you file in 6anada in 4anuary B111 you could file up to one year later in most countriesamp4anuary B110 and still receive the same rights as if you filed in B111
PATENT COOPERATION TREAT (PCT)
t provides a standardized international filing procedure for foreign patents hichis shared by our principal trading partners including the +$ 4apan and mostEuropean countriesou may file for a patent in as many as 01I member countries through a singleapplication filed in 6anada
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INSTRIAL ESI$N
An Industrial esin is the features of shape configuration pattern or ornamentapplied to a finished article made by hand tool or machine ampappealing to the eye
There is no time limit for filing an application as long as the design has neverbeen published ampmade public to anyone
ou must file ithin 6ear of going public ith your design or you ill lose youreclusive rights to the design
The advantage of registering your industrial design is that it gives you eclusive
right to your design for up to = 6ears from tDe date of reistration
+nless you register your design you can ma7e no legal claim of onership andhave no legal protection from imitation
nly the proprietor ampcreator of the design may obtain registration unless youhave been hired to develop a design Then the hirer is the proprietor
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Trade Secret industrial 7noho or valuable information acquired by abusiness t could be a
bull formula
bull pattern
bull device
bull compilation of info used to give you an advantage over the competitors
ou cannot registerbull That don-t have visual appeal
bull 3eatures that are hidden from vie or too small to appeal to the eye
bull A method of construction
bull An idea
bull (aterials used in construction
bull 3unction of an article
bull 6olor
ESI$N RE$ISTRATION
The application ill includebull Application forms ampdescription
bull At least one draing or photograph
bull 3ees
The process ill include
bull nitial processing
bull Eamination
bull egistration
ou do not have to mar7 your design in order to indicate that it is registered butmar7ing it gives you etra protection
As proprietor you may ta7e legal action against anyone ho infringes on yourdesign in 6anada but you must ta7e action ithin F years of the incident
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An 9assinment occurs hen you sell all or part of your rights in the designpermanently to another party
ou can 9license another user to allo someone else to use your design but
you still retain onership
To have your design protected in other countries you must apply separately ineach country
ou have 5 montDs to file for 9conention priorit6+ampe you apply to register in 6anada in 4anuary B111 then you have until 4uly B111 to file in other 6onvention countries and receive the same rights as if it ere 4anuary B111
LA FOR PROFESSIONAL EN$INEERS OOamp
CHAPTER 8 Te Canadian eal S$stem
The legal system of 6anada is based on the English common2lalt system andthe English courts of euit6lt system ampudgemade la and is calledCOMMON2LAlt
The 3ederal 6ourt of 6anada has urisdiction over federal matters such aspatents trademar7s and copyrights
Pu1lic aamp deals ith the rights and obligations of government ampcriminal and6onstitutional la
Pri4ate aamp deals ith the rights and obligations of individuals or private organizations ampCONTRACT AN TORT LA
Termsbull itigation lasuit
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bull Plaintiff party bringing the actionbull efendant party defending the actionbull Appellant party appealing the decisionbull espondent party see7ing to uphold a decisionbull Privity of contract legal relationship beteen parties to a contract
bull 6reditor party to hom an amount is oingbull ebtor party that oes an amount to creditor bull $uarantee A guarantees = the debt of 6omp amphen = doesn-t get paid
= goes to 6omp first then to A
bull Indemnification a promise to directly compensate or reimburseanother party for a loss or cost incurred f Aindemnifies = the debt of 6omp amphen = doesn-t get paid =goes directly to A
CHAPTER usiness Oraniations
Sole Proprietorsip an individual carries on business by and for himself andalso enoys the profits and incurs any losses personally
Partnersip an association of persons ho conduct business in common ith avie to profit ndividuals or organizations share profits and losses
Corporation an entity unto itself distinct from its oners ampfictitious personThe corporation itself ons its assets and incurs its on liabilities
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CHAPTER B International Considerations
t is etremely important to obtain advice from an appropriately eperiencedlayer in the foreign country or have the advice of a consultant in that countryt is ise to purchase political ris7 insurance and to use careful udgment together ith a local influential partner
$ome potential ris7s of or7ing internationally are
bull Political Ris is one of the more obvious ris7 factors in or7inginternationally The 6hanges in government can lead to significant policychanges
bull Licensin reuirements and obtaining necessary permits and approvalsin a foreign country under different legal systems can be timeconsuming
bull Financial Riss due to currency echange and controls or restrictions onthe transfer of funds out of the country
bull Contract documents and forms used on proects may be different
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CHAPTER gt Tort ia1ilit$
Tort8 generally refers to a private or civil rong or inury one that involvesnegligence and that may arise independently of contract ampcar driver and victim
amphich includes financial loss hen based on a professional-s opinion
The fundamental purpose of tort la is to compensate ictims of tortsPunishment of negligent rongdoers IS NOT a purpose of tort la
Professional liability insurance should provide protection if an engineer-snegligence results in damage arising in tort
n order to satisfy the courts that compensation should be made the plaintiff in atort action must prove that
bull The defendant oed the plaintiff a duty of care
bull The defendant breached that duty by his conduct
bull The defendant-s conduct caused the inury to the plaintiff
f any 0 of these F aspects is not proven to the satisfaction of the courts theplaintiff ill not in
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A significant factor in a tort action is the establishment of the standard of carerequired of the defendant
The standard is applied based on the premise that engineers have a duty to use
the reasonable care and s7ill of engineers of ordinary competence Thereasonable carelt is measured by applicable professional standards of theengineering profession at the time the services ere performed
Strict ia1ilit$ manufacturers and employers are held strictly liable hen faultis not necessary if compensation is to be provided ampnot yet upheld in 6anadaampe All employees ma7e contributions on behalf of employees and if someone is inuredcompensation is provided ith no finding of faultampe A manufacturer may be strictl6 lialelt if for any damages that result from the use of theirproduct
0icarious ia1ilit$ The employer is responsible for damaged caused by its
employees The employer provides compensation because it is presumed thatthe employer is in a better financial position than the employee
Concurrent Tortfeasors hen more than one party is liable in a tort actionThe defendant-s together are called concurrent tortfeasors
Products ia1ilit$ The plaintiff must be able to establish that damage hasclearly resulted from appropriate use of a product and the defendantmanufacturer must then persuade the court that at the time the manufacturercould not have foreseen the defective nature of the goods manufactured6anada has not yet ta7en a strict liability approach on products as the +$ has
Products liability has developed through principles of both contract la and tortla The tort concept of fault has been applied and implied contractualarranties that the product is effective and the contract of a sale must also eist
n productsliability matters economic losses ampin the absence of physical inurymay in some circumstances be recoverable
Standards of Care and ut$ to 5arn A manufacturer must arn theconsumer of any dangerous potential of the product by appropriate labeling
Oter Tortsbull Tort of defamation8 ampif the statements that damage the reputation are true there is
no liability
o ibel D in riting
o $lander D verbal
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bull Occupiers Liailit68 The occupier of a property must eercise therequired standard of care to ensure the safety of individuals coming ontothat property
bull Tort of Nuisance8 esigned to alleviate undue interference ith the
comfortable and convenient enoyment of the plaintiff-s landampe insecticide spray drifting onto other land
CHAPTER Proof
The burden of proof is on the plaintiff to prove the case against the defendant
Engineers often find themselves ma7ing appearances as eBpert itnesses incourt
The epert is permitted to epress opinions ith respect to his or her area ofepertise and the itness should be cautious and restrict testimony to such
area
ou ill be hired by one side and crosseamined by counsel from the otherparty
Preparation is of the utmost importance in litigation The epert itness shouldclearly understand the issues in the lasuit and be aare of the scope ofquestions that can be reasonably epected
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CHAPTER 28 Contracts
3or a contract to be binding and enforceable the folloing elements must bepresent
bull An offer made and accepted
bull (utual intent to enter into the contract
bull 6onsideration or offer ampan echange of promises each promise representing
something of valueCpayment of money is not essential
bull 6apacity to contract ampcan-t be a minor drun7 or crazyCenforceable by the drun7 if
the other party 7ne they ere intoicatedbull aful purpose 6ontract on-t be enforced if it is unlaful
An offer is a promise made by one person to another
)ot all contracts are in riting
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+ntil it is accepted the offer may be ithdran by the offeror unless it is madeepressly irrevocable by its terms
Irre4oca1le Offers =idders submit offers or tenders that have been madeirrevocable for a specific period of time At any point during that period the offer
may be accepted and a contract ill be formed
Option Contract This contract is another means of 7eeping an offer open for acertain period of timeampe The party purchasing the option may ant do eploration or7 for a period of time beforedeciding to spend a large sum of money on the property
EDuita1le Estoppel A udge can stoplt the strict terms of a contract from beingfolloed if it is proven that the terms had changed outside of the agreementampoften used hen etensions to deadlines are agreed upon and then the person tried to go bac7to the original ritten contract
Pursuant to contract la consideration ampor a seal must be present in order toma7e a change to a contract enforceable D otherise it is ust a promise not laThe courts protect the person in the situation here a promise is ta7en as fullagreement
Statute of Frauds Ensures that certain types of contracts must be in riting tobe enforceable
Rectification This order can be applied for to rectify a contract because of asecretarial or recording mista7e
)nilateral Mistae A mista7e made by only one party to a contract 6ourts illdecide hether a contractor ill be relieved of their mista7e
CHAPTER 8 Tenderin Issues Contract A
a of tendering in 6anada gives the principle that there are B separatecontracts that arise in the tendering process
0 Contract A D the contract of irrevocability ampthat deals ith the tenderingphase
B Contract D the construction contract ampapplies to the construction phase
The number of number of tenders submitted is the number of 6ontract A-s thatare formed
The original tender pac7age contents cannot be changed ithout notifyingeveryone or you are in =reach of 6ontract A
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CHAPTER 82 Contract Interpretation
Parties to a contract sometimes dispute the meaning of part of the contract Todifferent approaches can be ta7en hen interpreting contracts
bull i1eral Approac ta7es into account the intent of the parties and maylead to speculation on that intent
bull Strict Approac focuses on the precise ords in the agreement andmay rely on dictionary meanings
Contra Preferentem hen a contract is ambiguous or unclear it ill beinterpreted against the person that rote it up
Parol E4idence Rule hen verbal agreements outside of the ritten contractare included as rule in a contract n most cases if a condition is agreed uponverbally but is not included in the contract then the condition is not part of thecontract
Implied Terms hen the inclusion of obvious terms of a contract have beenoverloo7ed here it is reasonable implied terms may eist in a contract
CHAPTER 83 iscare of Contracts
There are several ays to discharge a contract
bull Performance hen all parties have completed their respectiveobligations the contract is at an end
bull Areement to iscare Parties in a contract are alays free to amend
the contract or agree to cancel or terminate the contract upon mutuallyagreed terms
bull iscare Pursuant to Epress Terms t is advised to include in acontract terms here all parties may terminate the contract if certainoutside events ere to occur ampe ban7ruptcy
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bull iscare 1$ Frustration hen changing unforeseeablecircumstances occur that may radically change the obligations of theparties
o Force Maeure Provides that the time for completion ill beetended in the event of ar riot flood labor dispute or other
events that are beyond the control of both parties
bull iscare 1$ reac of Contract ne party fail to perform obligations
o iscare 1$ Repudiation hen the party to a contract
epressly tells the other party that they have no intention ofperforming contractual obligations
CHAPTER 86 reac of Contract
f a party to a contract fails to perform obligations specified in the contract thenthat party has breached the contract
The innocent party is entitled to certain remedies depending on the nature of thebreach and the terms of the contract
Condition an obligation that is essential or vital to the contract5arrant$ an obligation that is NOT essential or vital to the contract
A =reach of 6ontract is a cause for discharge only if its effect is to render itpurposeless for the innocent party to proceed further ith performance
Repudiation hen the party to a contract epressly tells the other party thatthey have no intention of performing contractual obligations
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REMIIES
A nondefaulting party is entitled to damages for losses incurred as a result of abreach of contract
irect amaes Actual calculated difference in the cost of having to chooseone service over the other ampthe loest bid is chosen and then they refuse to do the or7so the second loest bid is chosen and the party sues for the monetary difference beteen theloest and second loest bid
Indirect amaes Are consequential to the breach and might include damagesfor lost profits or damages incurred if the contract is not fulfilled
iDuidated amaes Are preestimated damages if certain events ere tooccur that are ritten into the contract under a Penalty 6lause
ltuantum Meruit hen services have been requested and performed but nooutside agreement as reached beteen the parties as to hat payment ouldbe provided in return for the services then the courts can aard the person ithas much as is reasonably deservedlt for time spent and materials supplied
Su1stantial Compliance hen a contractor has substantially complied iththe terms of a contract yet failed to comply ith some minor aspect of thecontract The contractor ill be paid the contract price minus the cost ofdamages caused by the minor problems
Specific Performance hen the courts require a party to perform a contractual
obligation li7e the sale of land or a personal item
Inunction A court order that prohibits or restrains a party from performing anactCHAPTER 9 Fundamental reac
Applies to a contract that contains an eemption clause amphere parties limit theirliability if a breach of contract results and ma7es the eemption ineffective
CHAPTER 8 Areement etampeen Client and Enineer
A contract beteen a client and an engineer must include all of the essentialcontract elements
The document ill not specify the degree of care that is required of the engineerin carrying out the services =ut the engineer is liable for incompetence
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carelessness or negligence that results in damages to the client and for notperforming ith an ordinary and reasonable degree of care and s7ill
CHAPTER Concurrent ia1ilit$ in Tort and Contract
+nless otherise stated in a contract the standard of care epected of anengineer doing a ob is the same standard of care by hich an engineer-sperformance is measured in tort
3or a breach of contract there is a limitation period of I years from date of thebreach in hich to press charges instead of hen it is discovered
n tort the limitation period in hich to press charges starts hen the damagesare first detected
CHAPTER 3 Ar1itration and AR
A lasuit is not alays the best ay to resolve a dispute beteen contractingparties especially technical disputes
Ar1itration or Alternati4e ispute Resolution +AR- t is less costly and lesspublic than litigation
An engineer that is an arbitrator is epected to act impartially and independentlyof the parties to the dispute
The Arbitration Act deals ith the appointment of an arbitrator and sets out astructure or set of rules to govern the conduct of an arbitration unless the partiesagree that some other structure or rules ill apply
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The Act also gives arbitrators the urisdiction to aard preudgment and post udgment interests ust li7e the courts have under the 6ourts of 4ustice Act
Partnerin intended to respond to the need for improved attitudes amongstindustry participants to the importance of teamor7 on proects
This cooperative attitude should assist in resolving proect disputes at an earlystage
) TGAT) and A=TAT) result in a 4+G(E)T TgtAT $=))G
Proect Neutral (proGect manaement oerie) The companies appoint a
proect neutral usually an independent professional eperienced in the industryto be aare of developments on the proect ith a vie to offering unbiasedadvice and decisions
Mediation esolving disputes through the negotiating process involving amediator ho is to provide guidance and to facilitate the settlement process agobeteenlt in communicating proposed settlements
There is no udgmentL the parties need to or7 out their differences
CHAPTER BB Industrial Propert$
Industrial Propert$ Rits ights that generally relate to patents trademar7scopyrights and industrial design
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ISCIPLINAR PROCESS
hen a complaint of negligence incompetence or professional misconduct ismade against a licensed professional engineer it sets in motion a Fstageprocess of
bull Gathering nformationbull Evaluating the 6omplaint
bull 6onducting a 3ormal gtearing that enders 4udgment
Stipulated Order A simpler form of disciplinary hearing for less serious casesThe decision of guilt or innocence is decided by one representative and the resulthas no appeal process =oth parties agree to the outcome
f a member or licensee should be found guilty the iscipline 6ommittee can
bull suspend or revo7e your licensebull impose restriction on your license
bull require the member to be counseled or reprimanded
bull ma7e you pay cost of investigation or hearing
bull ma7e you rite eams or ta7e courses
bull impose up to a M01111 fine
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CHAPTER 8 Maintainin Professional Competence
Engineers have the privilege of selfregulation a privilege accompanied by acorresponding duty to maintain competence and avoid professionalobsolescence
The process requires engineers ampand engineering corporations to maintaincompetence by
bull enineerin practice or emplo$ment
bull formal education amp+niversity or Association courses
bull informal education ampshort courses or seminarsbull pu1lications
bull participation in enineerin societies
bull 1encmarin ampcomparing your practices against best practices
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CHAPTER 8 Enineerin Societies
The maor purpose of engineering societies is to encourage research into netheories or methods to collect and classify this ne information and todisseminate it to members so that it can be put to good use
The difference beteen an association and a society is that the Associationregulates professional behavior and the $ocieties disseminate engineeringinformation $o you should be a member of both
$ocieties have been established by groups of engineers hose commoninterests are based on
bull discipline
bull product
bull facility
bull evaluation
bull function
bull environment
bull language
bull geographical area
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THE CONCEPTS OF PROFESSIONALISM
PROFESSION
bull A learned calling ith specialized 7noledge
bull Performs services ith advanced 7noledge s7ill and udgment in hich
the public trusts
bull gtas public obligation and performs services in the general public interest
bull s bound by an ethical code in its relationship ith the public clientsemployees and colleagues
bull Accepts responsibility to regulate professional members and professionalservices provided to clients and the public
Engineering is a profession that is selfo4ernin and has the authority todiscipline members ho fail to comply ith proper standards of practice andconduct
The engineering profession is
bull highly organized
bull minimum standards of admissionbull regulate the activities of their members amps7illed practice and ethical conduct
bull promote the advancement of 7noledge
Professionals depend on the confidence ofbull the client or employer
bull the public
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ECEENCE
A shared commitment ith your peers to strive for ecellence
ETHICS
Ethics deals ith voluntary actions ta7en by an individual ith sufficient7noledge of options available
The COE OF ETHICS shapes the practice in to important aysbull provides a commonest of values hich offers a reliable professional
product to the public
bull professional relationship of trust ith the public is fundamental
APE$$A COE OF ETHICS
Professional Engineers shall recognize that professional ethics is founded uponintegrity competence dignity and devotion to service
8 P En sall old paramount7 te ealt7 safet$ and ampelfare of te pu1lic and en4ironment
bull They have an obligation to report conditions hich present an
immediate threat to safety health elfare or the environment
bull t should first be reported to the professionals involved then to
corporate or regulatory authorities
PEn sall undertae onl$ ampor tat te$ are competent to perform 1$teir trainin and eperience
bull Professional members should ensure to the best of their ability thatstatements on engineering matters attributed to them properly reflecttheir professional opinion
Stampin and Sinin ocuments8
bull Professionals shall only stamp and sign documents that they haveprepared or that have been prepared under their direct supervision andcontrol
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bull hen or7 is prepared by others they shall only stamp and sign afterhaving thoroughly revieed the or7 and accepted responsibility for it
bull Engineers ho apply their seals or stamps to reports plans or otherdocuments are stating that they understand and are in agreement ith
these documents
bull The absence of a seal or stamp does not necessarily indicate that aprofessional member has not revieed the document not does itrelieve the member from professional or legal responsibility if it can beshon that he or she as involved ith the or7
B P En sall conduct temsel4es ampit interit$7 onest$7 fairness ando1ecti4it$ in teir professional acti4ities
bull A client-s or employer-s interests should be held in high regard gtoeverthe folloing duties ta7e precedencelt
o duty to protect public safety
o duty to the professions under the 6ode of Ethics
o duty to act fairly to all parties hen administering a contract on
behalf of a client or employer
bull Professionals should 7eep confidential all information that is acquired inthe course of their professional duties and that concerns the businessaffairs of present or past clientsemployees
gt PEn sall compl$ ampit applica1le statutes7 reulations and 1$laamps inteir professional practice
bull Professionals should maintain adequate 7noledge of the la relating totheir area of practice
bull esponsible n4ironmntal mana+mnt comutr softar anddiscrimination are a fe of the subects covered under this ule
PEn sall upold and enance te onor7 dinit$7 and reputation of teir professions7 and te a1ilit$ to ser4e te pu1lic interest
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bull Advertisements proposals and presentations should be factual clearand dignified
bull A professional should be careful to give due credit to others
bull nly revie the or7 of another professional hen they have beeninformed unless there is a confidentiality agreement to the client
bull gtelp ET-s
APE$$A COE OF ETHICS
0 P Eng shall hold paramount the DealtD safet6 and elfare of tDe pulic and enironment
B PEng shall underta7e only or tDat tDe6 are competent to perform bytheir training and eperience
F P Eng shall conduct themselves ith interit6 Donest6 fairness and
oGectiit6 in their professional activities
K PEng shall compl6 itD applicale statutes reulations and 62las intheir professional practice
H PEng shall uphold and enhance the Donor dinit6 and reputation of their professions and the ability to sere tDe pulic interest
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COPRI$HTS
9RiDt to cop6
nly the oner of the or7 is alloed to reproduce the or7 or permit others tocopy it
Plaiarism is copying someone else-s or7 and claiming it as your on
Fair ealin +se or reproduction of or7 for private study research criticismrevie or nes reporting
Cop6riDts appl6 to8bull iterar$ ampors boo7s poems pamphlets computer programs
bull ramatic ampors films videos plays scripts
bull Musical ampors compositions ampords and music
bull Artistic ampors paintings draings maps photos sculptures architects
Also to8bull Performer(s performances actors musicians dancers
bull Communication Sinals broadcasters
bull Sound Recordins
6opyright is restricted to the epression in a fied manner amptet recordingdraing of an ideaL it does not etend to the idea itself
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3acts ideas and nes are all considered public property
6opyright does apply tobull $ong
bull )ovel
bull Playbull (agazine article
bull 6omputer program
bull ideo 6assettes (ovies
6opyright does NOT apply tobull $ong titlebull Plot ideabull Play of gtamletbull 3acts in an articlebull )ame of a computer programbull (a7ing a copy of a musical tape amproyalties have been paid already
bull 6opies for educational institutions ampcan 7eep radio and nes tapes for 0 year
bull )onprofit libraries archives and museumshen you create a or7 you automatically have copyright protection providedthat at the time of creation you ere a 6anadian 6itizen or a resident in a countrythat participates in 6opyright rules
Autorsip The person that creates the or7
Oampnersip f you are the creator of the or7 you on the copyright f you
create a or7 hile employed the copyright belongs to the employer ou canlegally transfer your rights to someone else then they on the copyright
uration 6opyright ampintellectual property lasts for the life of the author N H1years
Moral Rits Even if you sell your copyright you still retain moral rightsltThis means that no one including the person ho ons the copyright candistort mutilate or modify your or7 ampchange the ending use for a commercial etc
(oral rights eist for the same length as the copyrightou cannot sell or transfer your moral rights but you can aive them
RE$ISTRATION OF A COPRI$HT
ou do not have to register a copyright to have protection in 6anada
f you choose to register ith the copyright office you receive a certificate hichcan be used to your advantage if your or7 is infringed t is evidence that it is
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your or7 and you are the oner n a dispute you do not have to proveonership
ou send the application to the 6opyright office and you do not send your or7in ou may need to send a copy to the )ational ibrary of 6anada but the
6opyright office doesn-t revie your or7 at all
There is no requirement to mar7 your or7 under the 6opyright Act ou canmar7 it li7e this
)ame ear copy e 4ane oe 09I copy
ou can use this format even if you have not registered your or7
The 6opyright ffice is not responsible for ensuring that your copyright is notbeing infringedCCthis is your ob ou have to launch legal action yourself and
the courts are left to decide
Assinment As the oner you may decide i4e up part or all of $our rits toanother party The assignment may be for the hole term or for ust a certainpart of the term
icense ou as the oner give someone else permission to use your or7 forcertain purposes and under certain conditions but you still retain onership oudo not i4e up $our rits
Ro$alties (oney paid to the copyright oner as commission for sales of theiror7 or permission to use them
Tariffs $et fees that users must pay for using certain copyright material
Collecti4es an organization that collects royalties on behalf of its members
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TRAEMARampS
A trade2mar is a ord symbol or design to distinguish the products or servicesof an organization or person from others t can also represent a reputation
Ordinar$ Mars ords or symbols that distinguish your product or service ampe Giddy+p
Certification Mars identify ares or services that meet a defined standardThey are oned by one person but licensed to others to identify ares orservices hich meet a defined standard ampe oolmar7 APEGGA seal
istinuisin uise identifies the unique shape of a product or its pac7ageampe eggs Egg
A trade name is the name under hich you conduct your business The tradename can be registered under the Trade(ar7s Act only if it is also used as aTrademar7 ampto identify products or services
RE$ISTERIN$ A TRAE2MARamp
The Reistered Trade2Mar is one that is entered on the Trademar7s registerou are not required to register your trademar7 if you use it for a certain lengthof time you can establish onership by 6ommon a
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bull egistration of your trademar7 gives you the eclusive right to use the mar7across Canada for 8 $ears then you have to rene it
bull t is recommended that you register your Trade(ar7 in case someone elsetries to use it
bull f you fail to use the mar7 for an etended period your registration may becancelled
bull ou can register a trademar7 by filing an application for registration ith theTrademar7s ffice our trade2mar must e used in Canada efore itcan e reistered+
RE$ISTRATION QALIFICATIONS
bull 6annot be primarily your full name or surname ampunless you can prove it is already
identified
bull ou may not register a ord that clearly describes a feature of the product orservice ampseet uicy
bull The ord cannot be clearly misleading ampdeceptively misdescriptive ampe sugarseet if it has no sugar
bull ou may not register a ord that clearly designates the place of origin of theproduct or service or if it misleads the public into thin7ing that the productcomes from there ampParis 3ashions Atlantic 6od but you can use )orth Pole =ananasbecause no one ould epect them to come from there
bull ou can use a disclaimer statement indicating that you are not claimingeclusive rights for certain ords appearing in the trademar7 n this ayyou can use clearly descriptive ords hich are unregisterable on their onampce 6ream in =ob-s ce 6ream
bull )ames of products in other languages cannot be registered ampurstlt is Germanfor sausage
bull 6annot be registered if it consists or a plant variety denomination
bull ou cannot use ords symbols sounds or ideas that are confusingly similar
to a registered trademar7 or a pending mar7 amp2ing og 3ood and 2ing 6at 3oodould be refused
bull ou cannot register a trademar7 that resembles certain official symbolsunless you have the consent of the authority in question
o fficial government symbols
o 3amily coats of arms
o =adges and crests or 6(P
o Emblems and names of ed 6ross or +)
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o 3lags of other countries
o $ymbols of provinces
=efore you try to register your trademar7 do a search and include trade namesas ell
After you have a registered trademar7 to 7eep it you mustLbull Pay the registration fees every 0H years
bull +se the trademar7 in 6anada or it ill be epunged
Assinment to sell or transfer your rights to a trademar7 to another party
Marin ReDuirements The Trade(ar7s Act does )T have anyrequirements but many oners indicate their registration through the folloingmar7s
983214 O registered trademar7
991522 O trademar7$( O service mar7
The Trade(ar7 ffice ill prevent anyone else from registering your trademar7but it is your responsibility to monitor the mar7etplace and ta7e legal action ifsomeone is using your trademar7
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PATENTS
A patent is
bull A document protecting the rights of the inventor
bull A repository of useful technical information for the public
The idea is to promote the sharing of technological information hile giving you amonopoly on your creation
ith a patent the government gives the inventor the right to eclude others fromma7ing or selling your invention
The invention is protected from the day the patent is granted to a maimum of =6ears after the day you filed your application
The Patent ffice then epects you to provide a full description of your inventionso that all 6anadians can benefit from this technology They allo your
application to be open gt montDs from the filing date during the con4ention priorit$ date
Patent applications are made pulic gt montDs after the 6anadian 3iling ate
ou must obtain a valid patent ithin 8 $ear of main te product pu1lic
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A 6anadian patent is only etended throughout 6anada ou must apply forpatent rights in other countries separately
t is important to 7eep your invention secret until your first patent application isfiled in order to preserve your rights to file later in most foreign countries
3or an invention to be patented it must be
bull NO0ET= 3irst in the orld
bull )TIIT= 3unctional and operative
bull INGEN)IT= $ho inventive ingenuity and not be obvious to someones7illed in that area
The folloing items are patentable
bull Product ampdoor loc7
bull A composition ampchemical composition li7e lubricant
bull An apparatus ampmachine to ma7e door loc7s
bull A process ampmethod
bull An improvement on any of these
The idea alone is not patentable t must be reduced to something physical
ou CANNOT patentbull A scientific principle
bull An abstract theorem
bull An idea
bull A method of doing businessbull A computer program
bull A medical treatmentn 6anada patents are given to the first inventor to file an application
f you invent something hile or7ing for an employer on the employer-s timeith the employer-s materials at the epense of the employer the inventionrights still belong to you unless you have been hired by the company to inventpatentable inventions
PATENT APPLICATION
+ $et a Patent Aent
+ Preliminar6 SearcD
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bull ou can do a preliminary search in the online database or visit the Patentffice in person
0+ Preparin tDe Patent Application
bull A patent application must consist ofo a1stract ampbrief description
o specification ampclaims and boundaries of protection
o draampins
3+ File 6our Application4+ Reuest eBamination5+ EBaminer does searcD and approes or oGects+lt+ Respond to an6 oGectionsgt+ Patent ranted or oGected+
CONENTION PRIORIT
(any countries belong to the Paris 6onvention for the Protection of ndustrialProperty
This treaty allos you to invo7e convention prioritylt hich means that your filingdate in one member country ill be recognized by all others provided you file inthose countries ithin the first year
ampe if you file in 6anada in 4anuary B111 you could file up to one year later in most countriesamp4anuary B110 and still receive the same rights as if you filed in B111
PATENT COOPERATION TREAT (PCT)
t provides a standardized international filing procedure for foreign patents hichis shared by our principal trading partners including the +$ 4apan and mostEuropean countriesou may file for a patent in as many as 01I member countries through a singleapplication filed in 6anada
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INSTRIAL ESI$N
An Industrial esin is the features of shape configuration pattern or ornamentapplied to a finished article made by hand tool or machine ampappealing to the eye
There is no time limit for filing an application as long as the design has neverbeen published ampmade public to anyone
ou must file ithin 6ear of going public ith your design or you ill lose youreclusive rights to the design
The advantage of registering your industrial design is that it gives you eclusive
right to your design for up to = 6ears from tDe date of reistration
+nless you register your design you can ma7e no legal claim of onership andhave no legal protection from imitation
nly the proprietor ampcreator of the design may obtain registration unless youhave been hired to develop a design Then the hirer is the proprietor
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Trade Secret industrial 7noho or valuable information acquired by abusiness t could be a
bull formula
bull pattern
bull device
bull compilation of info used to give you an advantage over the competitors
ou cannot registerbull That don-t have visual appeal
bull 3eatures that are hidden from vie or too small to appeal to the eye
bull A method of construction
bull An idea
bull (aterials used in construction
bull 3unction of an article
bull 6olor
ESI$N RE$ISTRATION
The application ill includebull Application forms ampdescription
bull At least one draing or photograph
bull 3ees
The process ill include
bull nitial processing
bull Eamination
bull egistration
ou do not have to mar7 your design in order to indicate that it is registered butmar7ing it gives you etra protection
As proprietor you may ta7e legal action against anyone ho infringes on yourdesign in 6anada but you must ta7e action ithin F years of the incident
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An 9assinment occurs hen you sell all or part of your rights in the designpermanently to another party
ou can 9license another user to allo someone else to use your design but
you still retain onership
To have your design protected in other countries you must apply separately ineach country
ou have 5 montDs to file for 9conention priorit6+ampe you apply to register in 6anada in 4anuary B111 then you have until 4uly B111 to file in other 6onvention countries and receive the same rights as if it ere 4anuary B111
LA FOR PROFESSIONAL EN$INEERS OOamp
CHAPTER 8 Te Canadian eal S$stem
The legal system of 6anada is based on the English common2lalt system andthe English courts of euit6lt system ampudgemade la and is calledCOMMON2LAlt
The 3ederal 6ourt of 6anada has urisdiction over federal matters such aspatents trademar7s and copyrights
Pu1lic aamp deals ith the rights and obligations of government ampcriminal and6onstitutional la
Pri4ate aamp deals ith the rights and obligations of individuals or private organizations ampCONTRACT AN TORT LA
Termsbull itigation lasuit
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bull Plaintiff party bringing the actionbull efendant party defending the actionbull Appellant party appealing the decisionbull espondent party see7ing to uphold a decisionbull Privity of contract legal relationship beteen parties to a contract
bull 6reditor party to hom an amount is oingbull ebtor party that oes an amount to creditor bull $uarantee A guarantees = the debt of 6omp amphen = doesn-t get paid
= goes to 6omp first then to A
bull Indemnification a promise to directly compensate or reimburseanother party for a loss or cost incurred f Aindemnifies = the debt of 6omp amphen = doesn-t get paid =goes directly to A
CHAPTER usiness Oraniations
Sole Proprietorsip an individual carries on business by and for himself andalso enoys the profits and incurs any losses personally
Partnersip an association of persons ho conduct business in common ith avie to profit ndividuals or organizations share profits and losses
Corporation an entity unto itself distinct from its oners ampfictitious personThe corporation itself ons its assets and incurs its on liabilities
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CHAPTER B International Considerations
t is etremely important to obtain advice from an appropriately eperiencedlayer in the foreign country or have the advice of a consultant in that countryt is ise to purchase political ris7 insurance and to use careful udgment together ith a local influential partner
$ome potential ris7s of or7ing internationally are
bull Political Ris is one of the more obvious ris7 factors in or7inginternationally The 6hanges in government can lead to significant policychanges
bull Licensin reuirements and obtaining necessary permits and approvalsin a foreign country under different legal systems can be timeconsuming
bull Financial Riss due to currency echange and controls or restrictions onthe transfer of funds out of the country
bull Contract documents and forms used on proects may be different
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CHAPTER gt Tort ia1ilit$
Tort8 generally refers to a private or civil rong or inury one that involvesnegligence and that may arise independently of contract ampcar driver and victim
amphich includes financial loss hen based on a professional-s opinion
The fundamental purpose of tort la is to compensate ictims of tortsPunishment of negligent rongdoers IS NOT a purpose of tort la
Professional liability insurance should provide protection if an engineer-snegligence results in damage arising in tort
n order to satisfy the courts that compensation should be made the plaintiff in atort action must prove that
bull The defendant oed the plaintiff a duty of care
bull The defendant breached that duty by his conduct
bull The defendant-s conduct caused the inury to the plaintiff
f any 0 of these F aspects is not proven to the satisfaction of the courts theplaintiff ill not in
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A significant factor in a tort action is the establishment of the standard of carerequired of the defendant
The standard is applied based on the premise that engineers have a duty to use
the reasonable care and s7ill of engineers of ordinary competence Thereasonable carelt is measured by applicable professional standards of theengineering profession at the time the services ere performed
Strict ia1ilit$ manufacturers and employers are held strictly liable hen faultis not necessary if compensation is to be provided ampnot yet upheld in 6anadaampe All employees ma7e contributions on behalf of employees and if someone is inuredcompensation is provided ith no finding of faultampe A manufacturer may be strictl6 lialelt if for any damages that result from the use of theirproduct
0icarious ia1ilit$ The employer is responsible for damaged caused by its
employees The employer provides compensation because it is presumed thatthe employer is in a better financial position than the employee
Concurrent Tortfeasors hen more than one party is liable in a tort actionThe defendant-s together are called concurrent tortfeasors
Products ia1ilit$ The plaintiff must be able to establish that damage hasclearly resulted from appropriate use of a product and the defendantmanufacturer must then persuade the court that at the time the manufacturercould not have foreseen the defective nature of the goods manufactured6anada has not yet ta7en a strict liability approach on products as the +$ has
Products liability has developed through principles of both contract la and tortla The tort concept of fault has been applied and implied contractualarranties that the product is effective and the contract of a sale must also eist
n productsliability matters economic losses ampin the absence of physical inurymay in some circumstances be recoverable
Standards of Care and ut$ to 5arn A manufacturer must arn theconsumer of any dangerous potential of the product by appropriate labeling
Oter Tortsbull Tort of defamation8 ampif the statements that damage the reputation are true there is
no liability
o ibel D in riting
o $lander D verbal
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bull Occupiers Liailit68 The occupier of a property must eercise therequired standard of care to ensure the safety of individuals coming ontothat property
bull Tort of Nuisance8 esigned to alleviate undue interference ith the
comfortable and convenient enoyment of the plaintiff-s landampe insecticide spray drifting onto other land
CHAPTER Proof
The burden of proof is on the plaintiff to prove the case against the defendant
Engineers often find themselves ma7ing appearances as eBpert itnesses incourt
The epert is permitted to epress opinions ith respect to his or her area ofepertise and the itness should be cautious and restrict testimony to such
area
ou ill be hired by one side and crosseamined by counsel from the otherparty
Preparation is of the utmost importance in litigation The epert itness shouldclearly understand the issues in the lasuit and be aare of the scope ofquestions that can be reasonably epected
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CHAPTER 28 Contracts
3or a contract to be binding and enforceable the folloing elements must bepresent
bull An offer made and accepted
bull (utual intent to enter into the contract
bull 6onsideration or offer ampan echange of promises each promise representing
something of valueCpayment of money is not essential
bull 6apacity to contract ampcan-t be a minor drun7 or crazyCenforceable by the drun7 if
the other party 7ne they ere intoicatedbull aful purpose 6ontract on-t be enforced if it is unlaful
An offer is a promise made by one person to another
)ot all contracts are in riting
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+ntil it is accepted the offer may be ithdran by the offeror unless it is madeepressly irrevocable by its terms
Irre4oca1le Offers =idders submit offers or tenders that have been madeirrevocable for a specific period of time At any point during that period the offer
may be accepted and a contract ill be formed
Option Contract This contract is another means of 7eeping an offer open for acertain period of timeampe The party purchasing the option may ant do eploration or7 for a period of time beforedeciding to spend a large sum of money on the property
EDuita1le Estoppel A udge can stoplt the strict terms of a contract from beingfolloed if it is proven that the terms had changed outside of the agreementampoften used hen etensions to deadlines are agreed upon and then the person tried to go bac7to the original ritten contract
Pursuant to contract la consideration ampor a seal must be present in order toma7e a change to a contract enforceable D otherise it is ust a promise not laThe courts protect the person in the situation here a promise is ta7en as fullagreement
Statute of Frauds Ensures that certain types of contracts must be in riting tobe enforceable
Rectification This order can be applied for to rectify a contract because of asecretarial or recording mista7e
)nilateral Mistae A mista7e made by only one party to a contract 6ourts illdecide hether a contractor ill be relieved of their mista7e
CHAPTER 8 Tenderin Issues Contract A
a of tendering in 6anada gives the principle that there are B separatecontracts that arise in the tendering process
0 Contract A D the contract of irrevocability ampthat deals ith the tenderingphase
B Contract D the construction contract ampapplies to the construction phase
The number of number of tenders submitted is the number of 6ontract A-s thatare formed
The original tender pac7age contents cannot be changed ithout notifyingeveryone or you are in =reach of 6ontract A
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CHAPTER 82 Contract Interpretation
Parties to a contract sometimes dispute the meaning of part of the contract Todifferent approaches can be ta7en hen interpreting contracts
bull i1eral Approac ta7es into account the intent of the parties and maylead to speculation on that intent
bull Strict Approac focuses on the precise ords in the agreement andmay rely on dictionary meanings
Contra Preferentem hen a contract is ambiguous or unclear it ill beinterpreted against the person that rote it up
Parol E4idence Rule hen verbal agreements outside of the ritten contractare included as rule in a contract n most cases if a condition is agreed uponverbally but is not included in the contract then the condition is not part of thecontract
Implied Terms hen the inclusion of obvious terms of a contract have beenoverloo7ed here it is reasonable implied terms may eist in a contract
CHAPTER 83 iscare of Contracts
There are several ays to discharge a contract
bull Performance hen all parties have completed their respectiveobligations the contract is at an end
bull Areement to iscare Parties in a contract are alays free to amend
the contract or agree to cancel or terminate the contract upon mutuallyagreed terms
bull iscare Pursuant to Epress Terms t is advised to include in acontract terms here all parties may terminate the contract if certainoutside events ere to occur ampe ban7ruptcy
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bull iscare 1$ Frustration hen changing unforeseeablecircumstances occur that may radically change the obligations of theparties
o Force Maeure Provides that the time for completion ill beetended in the event of ar riot flood labor dispute or other
events that are beyond the control of both parties
bull iscare 1$ reac of Contract ne party fail to perform obligations
o iscare 1$ Repudiation hen the party to a contract
epressly tells the other party that they have no intention ofperforming contractual obligations
CHAPTER 86 reac of Contract
f a party to a contract fails to perform obligations specified in the contract thenthat party has breached the contract
The innocent party is entitled to certain remedies depending on the nature of thebreach and the terms of the contract
Condition an obligation that is essential or vital to the contract5arrant$ an obligation that is NOT essential or vital to the contract
A =reach of 6ontract is a cause for discharge only if its effect is to render itpurposeless for the innocent party to proceed further ith performance
Repudiation hen the party to a contract epressly tells the other party thatthey have no intention of performing contractual obligations
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REMIIES
A nondefaulting party is entitled to damages for losses incurred as a result of abreach of contract
irect amaes Actual calculated difference in the cost of having to chooseone service over the other ampthe loest bid is chosen and then they refuse to do the or7so the second loest bid is chosen and the party sues for the monetary difference beteen theloest and second loest bid
Indirect amaes Are consequential to the breach and might include damagesfor lost profits or damages incurred if the contract is not fulfilled
iDuidated amaes Are preestimated damages if certain events ere tooccur that are ritten into the contract under a Penalty 6lause
ltuantum Meruit hen services have been requested and performed but nooutside agreement as reached beteen the parties as to hat payment ouldbe provided in return for the services then the courts can aard the person ithas much as is reasonably deservedlt for time spent and materials supplied
Su1stantial Compliance hen a contractor has substantially complied iththe terms of a contract yet failed to comply ith some minor aspect of thecontract The contractor ill be paid the contract price minus the cost ofdamages caused by the minor problems
Specific Performance hen the courts require a party to perform a contractual
obligation li7e the sale of land or a personal item
Inunction A court order that prohibits or restrains a party from performing anactCHAPTER 9 Fundamental reac
Applies to a contract that contains an eemption clause amphere parties limit theirliability if a breach of contract results and ma7es the eemption ineffective
CHAPTER 8 Areement etampeen Client and Enineer
A contract beteen a client and an engineer must include all of the essentialcontract elements
The document ill not specify the degree of care that is required of the engineerin carrying out the services =ut the engineer is liable for incompetence
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carelessness or negligence that results in damages to the client and for notperforming ith an ordinary and reasonable degree of care and s7ill
CHAPTER Concurrent ia1ilit$ in Tort and Contract
+nless otherise stated in a contract the standard of care epected of anengineer doing a ob is the same standard of care by hich an engineer-sperformance is measured in tort
3or a breach of contract there is a limitation period of I years from date of thebreach in hich to press charges instead of hen it is discovered
n tort the limitation period in hich to press charges starts hen the damagesare first detected
CHAPTER 3 Ar1itration and AR
A lasuit is not alays the best ay to resolve a dispute beteen contractingparties especially technical disputes
Ar1itration or Alternati4e ispute Resolution +AR- t is less costly and lesspublic than litigation
An engineer that is an arbitrator is epected to act impartially and independentlyof the parties to the dispute
The Arbitration Act deals ith the appointment of an arbitrator and sets out astructure or set of rules to govern the conduct of an arbitration unless the partiesagree that some other structure or rules ill apply
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The Act also gives arbitrators the urisdiction to aard preudgment and post udgment interests ust li7e the courts have under the 6ourts of 4ustice Act
Partnerin intended to respond to the need for improved attitudes amongstindustry participants to the importance of teamor7 on proects
This cooperative attitude should assist in resolving proect disputes at an earlystage
) TGAT) and A=TAT) result in a 4+G(E)T TgtAT $=))G
Proect Neutral (proGect manaement oerie) The companies appoint a
proect neutral usually an independent professional eperienced in the industryto be aare of developments on the proect ith a vie to offering unbiasedadvice and decisions
Mediation esolving disputes through the negotiating process involving amediator ho is to provide guidance and to facilitate the settlement process agobeteenlt in communicating proposed settlements
There is no udgmentL the parties need to or7 out their differences
CHAPTER BB Industrial Propert$
Industrial Propert$ Rits ights that generally relate to patents trademar7scopyrights and industrial design
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CHAPTER 8 Maintainin Professional Competence
Engineers have the privilege of selfregulation a privilege accompanied by acorresponding duty to maintain competence and avoid professionalobsolescence
The process requires engineers ampand engineering corporations to maintaincompetence by
bull enineerin practice or emplo$ment
bull formal education amp+niversity or Association courses
bull informal education ampshort courses or seminarsbull pu1lications
bull participation in enineerin societies
bull 1encmarin ampcomparing your practices against best practices
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CHAPTER 8 Enineerin Societies
The maor purpose of engineering societies is to encourage research into netheories or methods to collect and classify this ne information and todisseminate it to members so that it can be put to good use
The difference beteen an association and a society is that the Associationregulates professional behavior and the $ocieties disseminate engineeringinformation $o you should be a member of both
$ocieties have been established by groups of engineers hose commoninterests are based on
bull discipline
bull product
bull facility
bull evaluation
bull function
bull environment
bull language
bull geographical area
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THE CONCEPTS OF PROFESSIONALISM
PROFESSION
bull A learned calling ith specialized 7noledge
bull Performs services ith advanced 7noledge s7ill and udgment in hich
the public trusts
bull gtas public obligation and performs services in the general public interest
bull s bound by an ethical code in its relationship ith the public clientsemployees and colleagues
bull Accepts responsibility to regulate professional members and professionalservices provided to clients and the public
Engineering is a profession that is selfo4ernin and has the authority todiscipline members ho fail to comply ith proper standards of practice andconduct
The engineering profession is
bull highly organized
bull minimum standards of admissionbull regulate the activities of their members amps7illed practice and ethical conduct
bull promote the advancement of 7noledge
Professionals depend on the confidence ofbull the client or employer
bull the public
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ECEENCE
A shared commitment ith your peers to strive for ecellence
ETHICS
Ethics deals ith voluntary actions ta7en by an individual ith sufficient7noledge of options available
The COE OF ETHICS shapes the practice in to important aysbull provides a commonest of values hich offers a reliable professional
product to the public
bull professional relationship of trust ith the public is fundamental
APE$$A COE OF ETHICS
Professional Engineers shall recognize that professional ethics is founded uponintegrity competence dignity and devotion to service
8 P En sall old paramount7 te ealt7 safet$ and ampelfare of te pu1lic and en4ironment
bull They have an obligation to report conditions hich present an
immediate threat to safety health elfare or the environment
bull t should first be reported to the professionals involved then to
corporate or regulatory authorities
PEn sall undertae onl$ ampor tat te$ are competent to perform 1$teir trainin and eperience
bull Professional members should ensure to the best of their ability thatstatements on engineering matters attributed to them properly reflecttheir professional opinion
Stampin and Sinin ocuments8
bull Professionals shall only stamp and sign documents that they haveprepared or that have been prepared under their direct supervision andcontrol
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bull hen or7 is prepared by others they shall only stamp and sign afterhaving thoroughly revieed the or7 and accepted responsibility for it
bull Engineers ho apply their seals or stamps to reports plans or otherdocuments are stating that they understand and are in agreement ith
these documents
bull The absence of a seal or stamp does not necessarily indicate that aprofessional member has not revieed the document not does itrelieve the member from professional or legal responsibility if it can beshon that he or she as involved ith the or7
B P En sall conduct temsel4es ampit interit$7 onest$7 fairness ando1ecti4it$ in teir professional acti4ities
bull A client-s or employer-s interests should be held in high regard gtoeverthe folloing duties ta7e precedencelt
o duty to protect public safety
o duty to the professions under the 6ode of Ethics
o duty to act fairly to all parties hen administering a contract on
behalf of a client or employer
bull Professionals should 7eep confidential all information that is acquired inthe course of their professional duties and that concerns the businessaffairs of present or past clientsemployees
gt PEn sall compl$ ampit applica1le statutes7 reulations and 1$laamps inteir professional practice
bull Professionals should maintain adequate 7noledge of the la relating totheir area of practice
bull esponsible n4ironmntal mana+mnt comutr softar anddiscrimination are a fe of the subects covered under this ule
PEn sall upold and enance te onor7 dinit$7 and reputation of teir professions7 and te a1ilit$ to ser4e te pu1lic interest
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bull Advertisements proposals and presentations should be factual clearand dignified
bull A professional should be careful to give due credit to others
bull nly revie the or7 of another professional hen they have beeninformed unless there is a confidentiality agreement to the client
bull gtelp ET-s
APE$$A COE OF ETHICS
0 P Eng shall hold paramount the DealtD safet6 and elfare of tDe pulic and enironment
B PEng shall underta7e only or tDat tDe6 are competent to perform bytheir training and eperience
F P Eng shall conduct themselves ith interit6 Donest6 fairness and
oGectiit6 in their professional activities
K PEng shall compl6 itD applicale statutes reulations and 62las intheir professional practice
H PEng shall uphold and enhance the Donor dinit6 and reputation of their professions and the ability to sere tDe pulic interest
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COPRI$HTS
9RiDt to cop6
nly the oner of the or7 is alloed to reproduce the or7 or permit others tocopy it
Plaiarism is copying someone else-s or7 and claiming it as your on
Fair ealin +se or reproduction of or7 for private study research criticismrevie or nes reporting
Cop6riDts appl6 to8bull iterar$ ampors boo7s poems pamphlets computer programs
bull ramatic ampors films videos plays scripts
bull Musical ampors compositions ampords and music
bull Artistic ampors paintings draings maps photos sculptures architects
Also to8bull Performer(s performances actors musicians dancers
bull Communication Sinals broadcasters
bull Sound Recordins
6opyright is restricted to the epression in a fied manner amptet recordingdraing of an ideaL it does not etend to the idea itself
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3acts ideas and nes are all considered public property
6opyright does apply tobull $ong
bull )ovel
bull Playbull (agazine article
bull 6omputer program
bull ideo 6assettes (ovies
6opyright does NOT apply tobull $ong titlebull Plot ideabull Play of gtamletbull 3acts in an articlebull )ame of a computer programbull (a7ing a copy of a musical tape amproyalties have been paid already
bull 6opies for educational institutions ampcan 7eep radio and nes tapes for 0 year
bull )onprofit libraries archives and museumshen you create a or7 you automatically have copyright protection providedthat at the time of creation you ere a 6anadian 6itizen or a resident in a countrythat participates in 6opyright rules
Autorsip The person that creates the or7
Oampnersip f you are the creator of the or7 you on the copyright f you
create a or7 hile employed the copyright belongs to the employer ou canlegally transfer your rights to someone else then they on the copyright
uration 6opyright ampintellectual property lasts for the life of the author N H1years
Moral Rits Even if you sell your copyright you still retain moral rightsltThis means that no one including the person ho ons the copyright candistort mutilate or modify your or7 ampchange the ending use for a commercial etc
(oral rights eist for the same length as the copyrightou cannot sell or transfer your moral rights but you can aive them
RE$ISTRATION OF A COPRI$HT
ou do not have to register a copyright to have protection in 6anada
f you choose to register ith the copyright office you receive a certificate hichcan be used to your advantage if your or7 is infringed t is evidence that it is
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your or7 and you are the oner n a dispute you do not have to proveonership
ou send the application to the 6opyright office and you do not send your or7in ou may need to send a copy to the )ational ibrary of 6anada but the
6opyright office doesn-t revie your or7 at all
There is no requirement to mar7 your or7 under the 6opyright Act ou canmar7 it li7e this
)ame ear copy e 4ane oe 09I copy
ou can use this format even if you have not registered your or7
The 6opyright ffice is not responsible for ensuring that your copyright is notbeing infringedCCthis is your ob ou have to launch legal action yourself and
the courts are left to decide
Assinment As the oner you may decide i4e up part or all of $our rits toanother party The assignment may be for the hole term or for ust a certainpart of the term
icense ou as the oner give someone else permission to use your or7 forcertain purposes and under certain conditions but you still retain onership oudo not i4e up $our rits
Ro$alties (oney paid to the copyright oner as commission for sales of theiror7 or permission to use them
Tariffs $et fees that users must pay for using certain copyright material
Collecti4es an organization that collects royalties on behalf of its members
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TRAEMARampS
A trade2mar is a ord symbol or design to distinguish the products or servicesof an organization or person from others t can also represent a reputation
Ordinar$ Mars ords or symbols that distinguish your product or service ampe Giddy+p
Certification Mars identify ares or services that meet a defined standardThey are oned by one person but licensed to others to identify ares orservices hich meet a defined standard ampe oolmar7 APEGGA seal
istinuisin uise identifies the unique shape of a product or its pac7ageampe eggs Egg
A trade name is the name under hich you conduct your business The tradename can be registered under the Trade(ar7s Act only if it is also used as aTrademar7 ampto identify products or services
RE$ISTERIN$ A TRAE2MARamp
The Reistered Trade2Mar is one that is entered on the Trademar7s registerou are not required to register your trademar7 if you use it for a certain lengthof time you can establish onership by 6ommon a
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bull egistration of your trademar7 gives you the eclusive right to use the mar7across Canada for 8 $ears then you have to rene it
bull t is recommended that you register your Trade(ar7 in case someone elsetries to use it
bull f you fail to use the mar7 for an etended period your registration may becancelled
bull ou can register a trademar7 by filing an application for registration ith theTrademar7s ffice our trade2mar must e used in Canada efore itcan e reistered+
RE$ISTRATION QALIFICATIONS
bull 6annot be primarily your full name or surname ampunless you can prove it is already
identified
bull ou may not register a ord that clearly describes a feature of the product orservice ampseet uicy
bull The ord cannot be clearly misleading ampdeceptively misdescriptive ampe sugarseet if it has no sugar
bull ou may not register a ord that clearly designates the place of origin of theproduct or service or if it misleads the public into thin7ing that the productcomes from there ampParis 3ashions Atlantic 6od but you can use )orth Pole =ananasbecause no one ould epect them to come from there
bull ou can use a disclaimer statement indicating that you are not claimingeclusive rights for certain ords appearing in the trademar7 n this ayyou can use clearly descriptive ords hich are unregisterable on their onampce 6ream in =ob-s ce 6ream
bull )ames of products in other languages cannot be registered ampurstlt is Germanfor sausage
bull 6annot be registered if it consists or a plant variety denomination
bull ou cannot use ords symbols sounds or ideas that are confusingly similar
to a registered trademar7 or a pending mar7 amp2ing og 3ood and 2ing 6at 3oodould be refused
bull ou cannot register a trademar7 that resembles certain official symbolsunless you have the consent of the authority in question
o fficial government symbols
o 3amily coats of arms
o =adges and crests or 6(P
o Emblems and names of ed 6ross or +)
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o 3lags of other countries
o $ymbols of provinces
=efore you try to register your trademar7 do a search and include trade namesas ell
After you have a registered trademar7 to 7eep it you mustLbull Pay the registration fees every 0H years
bull +se the trademar7 in 6anada or it ill be epunged
Assinment to sell or transfer your rights to a trademar7 to another party
Marin ReDuirements The Trade(ar7s Act does )T have anyrequirements but many oners indicate their registration through the folloingmar7s
983214 O registered trademar7
991522 O trademar7$( O service mar7
The Trade(ar7 ffice ill prevent anyone else from registering your trademar7but it is your responsibility to monitor the mar7etplace and ta7e legal action ifsomeone is using your trademar7
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PATENTS
A patent is
bull A document protecting the rights of the inventor
bull A repository of useful technical information for the public
The idea is to promote the sharing of technological information hile giving you amonopoly on your creation
ith a patent the government gives the inventor the right to eclude others fromma7ing or selling your invention
The invention is protected from the day the patent is granted to a maimum of =6ears after the day you filed your application
The Patent ffice then epects you to provide a full description of your inventionso that all 6anadians can benefit from this technology They allo your
application to be open gt montDs from the filing date during the con4ention priorit$ date
Patent applications are made pulic gt montDs after the 6anadian 3iling ate
ou must obtain a valid patent ithin 8 $ear of main te product pu1lic
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A 6anadian patent is only etended throughout 6anada ou must apply forpatent rights in other countries separately
t is important to 7eep your invention secret until your first patent application isfiled in order to preserve your rights to file later in most foreign countries
3or an invention to be patented it must be
bull NO0ET= 3irst in the orld
bull )TIIT= 3unctional and operative
bull INGEN)IT= $ho inventive ingenuity and not be obvious to someones7illed in that area
The folloing items are patentable
bull Product ampdoor loc7
bull A composition ampchemical composition li7e lubricant
bull An apparatus ampmachine to ma7e door loc7s
bull A process ampmethod
bull An improvement on any of these
The idea alone is not patentable t must be reduced to something physical
ou CANNOT patentbull A scientific principle
bull An abstract theorem
bull An idea
bull A method of doing businessbull A computer program
bull A medical treatmentn 6anada patents are given to the first inventor to file an application
f you invent something hile or7ing for an employer on the employer-s timeith the employer-s materials at the epense of the employer the inventionrights still belong to you unless you have been hired by the company to inventpatentable inventions
PATENT APPLICATION
+ $et a Patent Aent
+ Preliminar6 SearcD
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bull ou can do a preliminary search in the online database or visit the Patentffice in person
0+ Preparin tDe Patent Application
bull A patent application must consist ofo a1stract ampbrief description
o specification ampclaims and boundaries of protection
o draampins
3+ File 6our Application4+ Reuest eBamination5+ EBaminer does searcD and approes or oGects+lt+ Respond to an6 oGectionsgt+ Patent ranted or oGected+
CONENTION PRIORIT
(any countries belong to the Paris 6onvention for the Protection of ndustrialProperty
This treaty allos you to invo7e convention prioritylt hich means that your filingdate in one member country ill be recognized by all others provided you file inthose countries ithin the first year
ampe if you file in 6anada in 4anuary B111 you could file up to one year later in most countriesamp4anuary B110 and still receive the same rights as if you filed in B111
PATENT COOPERATION TREAT (PCT)
t provides a standardized international filing procedure for foreign patents hichis shared by our principal trading partners including the +$ 4apan and mostEuropean countriesou may file for a patent in as many as 01I member countries through a singleapplication filed in 6anada
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INSTRIAL ESI$N
An Industrial esin is the features of shape configuration pattern or ornamentapplied to a finished article made by hand tool or machine ampappealing to the eye
There is no time limit for filing an application as long as the design has neverbeen published ampmade public to anyone
ou must file ithin 6ear of going public ith your design or you ill lose youreclusive rights to the design
The advantage of registering your industrial design is that it gives you eclusive
right to your design for up to = 6ears from tDe date of reistration
+nless you register your design you can ma7e no legal claim of onership andhave no legal protection from imitation
nly the proprietor ampcreator of the design may obtain registration unless youhave been hired to develop a design Then the hirer is the proprietor
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Trade Secret industrial 7noho or valuable information acquired by abusiness t could be a
bull formula
bull pattern
bull device
bull compilation of info used to give you an advantage over the competitors
ou cannot registerbull That don-t have visual appeal
bull 3eatures that are hidden from vie or too small to appeal to the eye
bull A method of construction
bull An idea
bull (aterials used in construction
bull 3unction of an article
bull 6olor
ESI$N RE$ISTRATION
The application ill includebull Application forms ampdescription
bull At least one draing or photograph
bull 3ees
The process ill include
bull nitial processing
bull Eamination
bull egistration
ou do not have to mar7 your design in order to indicate that it is registered butmar7ing it gives you etra protection
As proprietor you may ta7e legal action against anyone ho infringes on yourdesign in 6anada but you must ta7e action ithin F years of the incident
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An 9assinment occurs hen you sell all or part of your rights in the designpermanently to another party
ou can 9license another user to allo someone else to use your design but
you still retain onership
To have your design protected in other countries you must apply separately ineach country
ou have 5 montDs to file for 9conention priorit6+ampe you apply to register in 6anada in 4anuary B111 then you have until 4uly B111 to file in other 6onvention countries and receive the same rights as if it ere 4anuary B111
LA FOR PROFESSIONAL EN$INEERS OOamp
CHAPTER 8 Te Canadian eal S$stem
The legal system of 6anada is based on the English common2lalt system andthe English courts of euit6lt system ampudgemade la and is calledCOMMON2LAlt
The 3ederal 6ourt of 6anada has urisdiction over federal matters such aspatents trademar7s and copyrights
Pu1lic aamp deals ith the rights and obligations of government ampcriminal and6onstitutional la
Pri4ate aamp deals ith the rights and obligations of individuals or private organizations ampCONTRACT AN TORT LA
Termsbull itigation lasuit
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bull Plaintiff party bringing the actionbull efendant party defending the actionbull Appellant party appealing the decisionbull espondent party see7ing to uphold a decisionbull Privity of contract legal relationship beteen parties to a contract
bull 6reditor party to hom an amount is oingbull ebtor party that oes an amount to creditor bull $uarantee A guarantees = the debt of 6omp amphen = doesn-t get paid
= goes to 6omp first then to A
bull Indemnification a promise to directly compensate or reimburseanother party for a loss or cost incurred f Aindemnifies = the debt of 6omp amphen = doesn-t get paid =goes directly to A
CHAPTER usiness Oraniations
Sole Proprietorsip an individual carries on business by and for himself andalso enoys the profits and incurs any losses personally
Partnersip an association of persons ho conduct business in common ith avie to profit ndividuals or organizations share profits and losses
Corporation an entity unto itself distinct from its oners ampfictitious personThe corporation itself ons its assets and incurs its on liabilities
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CHAPTER B International Considerations
t is etremely important to obtain advice from an appropriately eperiencedlayer in the foreign country or have the advice of a consultant in that countryt is ise to purchase political ris7 insurance and to use careful udgment together ith a local influential partner
$ome potential ris7s of or7ing internationally are
bull Political Ris is one of the more obvious ris7 factors in or7inginternationally The 6hanges in government can lead to significant policychanges
bull Licensin reuirements and obtaining necessary permits and approvalsin a foreign country under different legal systems can be timeconsuming
bull Financial Riss due to currency echange and controls or restrictions onthe transfer of funds out of the country
bull Contract documents and forms used on proects may be different
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CHAPTER gt Tort ia1ilit$
Tort8 generally refers to a private or civil rong or inury one that involvesnegligence and that may arise independently of contract ampcar driver and victim
amphich includes financial loss hen based on a professional-s opinion
The fundamental purpose of tort la is to compensate ictims of tortsPunishment of negligent rongdoers IS NOT a purpose of tort la
Professional liability insurance should provide protection if an engineer-snegligence results in damage arising in tort
n order to satisfy the courts that compensation should be made the plaintiff in atort action must prove that
bull The defendant oed the plaintiff a duty of care
bull The defendant breached that duty by his conduct
bull The defendant-s conduct caused the inury to the plaintiff
f any 0 of these F aspects is not proven to the satisfaction of the courts theplaintiff ill not in
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A significant factor in a tort action is the establishment of the standard of carerequired of the defendant
The standard is applied based on the premise that engineers have a duty to use
the reasonable care and s7ill of engineers of ordinary competence Thereasonable carelt is measured by applicable professional standards of theengineering profession at the time the services ere performed
Strict ia1ilit$ manufacturers and employers are held strictly liable hen faultis not necessary if compensation is to be provided ampnot yet upheld in 6anadaampe All employees ma7e contributions on behalf of employees and if someone is inuredcompensation is provided ith no finding of faultampe A manufacturer may be strictl6 lialelt if for any damages that result from the use of theirproduct
0icarious ia1ilit$ The employer is responsible for damaged caused by its
employees The employer provides compensation because it is presumed thatthe employer is in a better financial position than the employee
Concurrent Tortfeasors hen more than one party is liable in a tort actionThe defendant-s together are called concurrent tortfeasors
Products ia1ilit$ The plaintiff must be able to establish that damage hasclearly resulted from appropriate use of a product and the defendantmanufacturer must then persuade the court that at the time the manufacturercould not have foreseen the defective nature of the goods manufactured6anada has not yet ta7en a strict liability approach on products as the +$ has
Products liability has developed through principles of both contract la and tortla The tort concept of fault has been applied and implied contractualarranties that the product is effective and the contract of a sale must also eist
n productsliability matters economic losses ampin the absence of physical inurymay in some circumstances be recoverable
Standards of Care and ut$ to 5arn A manufacturer must arn theconsumer of any dangerous potential of the product by appropriate labeling
Oter Tortsbull Tort of defamation8 ampif the statements that damage the reputation are true there is
no liability
o ibel D in riting
o $lander D verbal
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bull Occupiers Liailit68 The occupier of a property must eercise therequired standard of care to ensure the safety of individuals coming ontothat property
bull Tort of Nuisance8 esigned to alleviate undue interference ith the
comfortable and convenient enoyment of the plaintiff-s landampe insecticide spray drifting onto other land
CHAPTER Proof
The burden of proof is on the plaintiff to prove the case against the defendant
Engineers often find themselves ma7ing appearances as eBpert itnesses incourt
The epert is permitted to epress opinions ith respect to his or her area ofepertise and the itness should be cautious and restrict testimony to such
area
ou ill be hired by one side and crosseamined by counsel from the otherparty
Preparation is of the utmost importance in litigation The epert itness shouldclearly understand the issues in the lasuit and be aare of the scope ofquestions that can be reasonably epected
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CHAPTER 28 Contracts
3or a contract to be binding and enforceable the folloing elements must bepresent
bull An offer made and accepted
bull (utual intent to enter into the contract
bull 6onsideration or offer ampan echange of promises each promise representing
something of valueCpayment of money is not essential
bull 6apacity to contract ampcan-t be a minor drun7 or crazyCenforceable by the drun7 if
the other party 7ne they ere intoicatedbull aful purpose 6ontract on-t be enforced if it is unlaful
An offer is a promise made by one person to another
)ot all contracts are in riting
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+ntil it is accepted the offer may be ithdran by the offeror unless it is madeepressly irrevocable by its terms
Irre4oca1le Offers =idders submit offers or tenders that have been madeirrevocable for a specific period of time At any point during that period the offer
may be accepted and a contract ill be formed
Option Contract This contract is another means of 7eeping an offer open for acertain period of timeampe The party purchasing the option may ant do eploration or7 for a period of time beforedeciding to spend a large sum of money on the property
EDuita1le Estoppel A udge can stoplt the strict terms of a contract from beingfolloed if it is proven that the terms had changed outside of the agreementampoften used hen etensions to deadlines are agreed upon and then the person tried to go bac7to the original ritten contract
Pursuant to contract la consideration ampor a seal must be present in order toma7e a change to a contract enforceable D otherise it is ust a promise not laThe courts protect the person in the situation here a promise is ta7en as fullagreement
Statute of Frauds Ensures that certain types of contracts must be in riting tobe enforceable
Rectification This order can be applied for to rectify a contract because of asecretarial or recording mista7e
)nilateral Mistae A mista7e made by only one party to a contract 6ourts illdecide hether a contractor ill be relieved of their mista7e
CHAPTER 8 Tenderin Issues Contract A
a of tendering in 6anada gives the principle that there are B separatecontracts that arise in the tendering process
0 Contract A D the contract of irrevocability ampthat deals ith the tenderingphase
B Contract D the construction contract ampapplies to the construction phase
The number of number of tenders submitted is the number of 6ontract A-s thatare formed
The original tender pac7age contents cannot be changed ithout notifyingeveryone or you are in =reach of 6ontract A
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CHAPTER 82 Contract Interpretation
Parties to a contract sometimes dispute the meaning of part of the contract Todifferent approaches can be ta7en hen interpreting contracts
bull i1eral Approac ta7es into account the intent of the parties and maylead to speculation on that intent
bull Strict Approac focuses on the precise ords in the agreement andmay rely on dictionary meanings
Contra Preferentem hen a contract is ambiguous or unclear it ill beinterpreted against the person that rote it up
Parol E4idence Rule hen verbal agreements outside of the ritten contractare included as rule in a contract n most cases if a condition is agreed uponverbally but is not included in the contract then the condition is not part of thecontract
Implied Terms hen the inclusion of obvious terms of a contract have beenoverloo7ed here it is reasonable implied terms may eist in a contract
CHAPTER 83 iscare of Contracts
There are several ays to discharge a contract
bull Performance hen all parties have completed their respectiveobligations the contract is at an end
bull Areement to iscare Parties in a contract are alays free to amend
the contract or agree to cancel or terminate the contract upon mutuallyagreed terms
bull iscare Pursuant to Epress Terms t is advised to include in acontract terms here all parties may terminate the contract if certainoutside events ere to occur ampe ban7ruptcy
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bull iscare 1$ Frustration hen changing unforeseeablecircumstances occur that may radically change the obligations of theparties
o Force Maeure Provides that the time for completion ill beetended in the event of ar riot flood labor dispute or other
events that are beyond the control of both parties
bull iscare 1$ reac of Contract ne party fail to perform obligations
o iscare 1$ Repudiation hen the party to a contract
epressly tells the other party that they have no intention ofperforming contractual obligations
CHAPTER 86 reac of Contract
f a party to a contract fails to perform obligations specified in the contract thenthat party has breached the contract
The innocent party is entitled to certain remedies depending on the nature of thebreach and the terms of the contract
Condition an obligation that is essential or vital to the contract5arrant$ an obligation that is NOT essential or vital to the contract
A =reach of 6ontract is a cause for discharge only if its effect is to render itpurposeless for the innocent party to proceed further ith performance
Repudiation hen the party to a contract epressly tells the other party thatthey have no intention of performing contractual obligations
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REMIIES
A nondefaulting party is entitled to damages for losses incurred as a result of abreach of contract
irect amaes Actual calculated difference in the cost of having to chooseone service over the other ampthe loest bid is chosen and then they refuse to do the or7so the second loest bid is chosen and the party sues for the monetary difference beteen theloest and second loest bid
Indirect amaes Are consequential to the breach and might include damagesfor lost profits or damages incurred if the contract is not fulfilled
iDuidated amaes Are preestimated damages if certain events ere tooccur that are ritten into the contract under a Penalty 6lause
ltuantum Meruit hen services have been requested and performed but nooutside agreement as reached beteen the parties as to hat payment ouldbe provided in return for the services then the courts can aard the person ithas much as is reasonably deservedlt for time spent and materials supplied
Su1stantial Compliance hen a contractor has substantially complied iththe terms of a contract yet failed to comply ith some minor aspect of thecontract The contractor ill be paid the contract price minus the cost ofdamages caused by the minor problems
Specific Performance hen the courts require a party to perform a contractual
obligation li7e the sale of land or a personal item
Inunction A court order that prohibits or restrains a party from performing anactCHAPTER 9 Fundamental reac
Applies to a contract that contains an eemption clause amphere parties limit theirliability if a breach of contract results and ma7es the eemption ineffective
CHAPTER 8 Areement etampeen Client and Enineer
A contract beteen a client and an engineer must include all of the essentialcontract elements
The document ill not specify the degree of care that is required of the engineerin carrying out the services =ut the engineer is liable for incompetence
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carelessness or negligence that results in damages to the client and for notperforming ith an ordinary and reasonable degree of care and s7ill
CHAPTER Concurrent ia1ilit$ in Tort and Contract
+nless otherise stated in a contract the standard of care epected of anengineer doing a ob is the same standard of care by hich an engineer-sperformance is measured in tort
3or a breach of contract there is a limitation period of I years from date of thebreach in hich to press charges instead of hen it is discovered
n tort the limitation period in hich to press charges starts hen the damagesare first detected
CHAPTER 3 Ar1itration and AR
A lasuit is not alays the best ay to resolve a dispute beteen contractingparties especially technical disputes
Ar1itration or Alternati4e ispute Resolution +AR- t is less costly and lesspublic than litigation
An engineer that is an arbitrator is epected to act impartially and independentlyof the parties to the dispute
The Arbitration Act deals ith the appointment of an arbitrator and sets out astructure or set of rules to govern the conduct of an arbitration unless the partiesagree that some other structure or rules ill apply
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The Act also gives arbitrators the urisdiction to aard preudgment and post udgment interests ust li7e the courts have under the 6ourts of 4ustice Act
Partnerin intended to respond to the need for improved attitudes amongstindustry participants to the importance of teamor7 on proects
This cooperative attitude should assist in resolving proect disputes at an earlystage
) TGAT) and A=TAT) result in a 4+G(E)T TgtAT $=))G
Proect Neutral (proGect manaement oerie) The companies appoint a
proect neutral usually an independent professional eperienced in the industryto be aare of developments on the proect ith a vie to offering unbiasedadvice and decisions
Mediation esolving disputes through the negotiating process involving amediator ho is to provide guidance and to facilitate the settlement process agobeteenlt in communicating proposed settlements
There is no udgmentL the parties need to or7 out their differences
CHAPTER BB Industrial Propert$
Industrial Propert$ Rits ights that generally relate to patents trademar7scopyrights and industrial design
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CHAPTER 8 Enineerin Societies
The maor purpose of engineering societies is to encourage research into netheories or methods to collect and classify this ne information and todisseminate it to members so that it can be put to good use
The difference beteen an association and a society is that the Associationregulates professional behavior and the $ocieties disseminate engineeringinformation $o you should be a member of both
$ocieties have been established by groups of engineers hose commoninterests are based on
bull discipline
bull product
bull facility
bull evaluation
bull function
bull environment
bull language
bull geographical area
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THE CONCEPTS OF PROFESSIONALISM
PROFESSION
bull A learned calling ith specialized 7noledge
bull Performs services ith advanced 7noledge s7ill and udgment in hich
the public trusts
bull gtas public obligation and performs services in the general public interest
bull s bound by an ethical code in its relationship ith the public clientsemployees and colleagues
bull Accepts responsibility to regulate professional members and professionalservices provided to clients and the public
Engineering is a profession that is selfo4ernin and has the authority todiscipline members ho fail to comply ith proper standards of practice andconduct
The engineering profession is
bull highly organized
bull minimum standards of admissionbull regulate the activities of their members amps7illed practice and ethical conduct
bull promote the advancement of 7noledge
Professionals depend on the confidence ofbull the client or employer
bull the public
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ECEENCE
A shared commitment ith your peers to strive for ecellence
ETHICS
Ethics deals ith voluntary actions ta7en by an individual ith sufficient7noledge of options available
The COE OF ETHICS shapes the practice in to important aysbull provides a commonest of values hich offers a reliable professional
product to the public
bull professional relationship of trust ith the public is fundamental
APE$$A COE OF ETHICS
Professional Engineers shall recognize that professional ethics is founded uponintegrity competence dignity and devotion to service
8 P En sall old paramount7 te ealt7 safet$ and ampelfare of te pu1lic and en4ironment
bull They have an obligation to report conditions hich present an
immediate threat to safety health elfare or the environment
bull t should first be reported to the professionals involved then to
corporate or regulatory authorities
PEn sall undertae onl$ ampor tat te$ are competent to perform 1$teir trainin and eperience
bull Professional members should ensure to the best of their ability thatstatements on engineering matters attributed to them properly reflecttheir professional opinion
Stampin and Sinin ocuments8
bull Professionals shall only stamp and sign documents that they haveprepared or that have been prepared under their direct supervision andcontrol
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bull hen or7 is prepared by others they shall only stamp and sign afterhaving thoroughly revieed the or7 and accepted responsibility for it
bull Engineers ho apply their seals or stamps to reports plans or otherdocuments are stating that they understand and are in agreement ith
these documents
bull The absence of a seal or stamp does not necessarily indicate that aprofessional member has not revieed the document not does itrelieve the member from professional or legal responsibility if it can beshon that he or she as involved ith the or7
B P En sall conduct temsel4es ampit interit$7 onest$7 fairness ando1ecti4it$ in teir professional acti4ities
bull A client-s or employer-s interests should be held in high regard gtoeverthe folloing duties ta7e precedencelt
o duty to protect public safety
o duty to the professions under the 6ode of Ethics
o duty to act fairly to all parties hen administering a contract on
behalf of a client or employer
bull Professionals should 7eep confidential all information that is acquired inthe course of their professional duties and that concerns the businessaffairs of present or past clientsemployees
gt PEn sall compl$ ampit applica1le statutes7 reulations and 1$laamps inteir professional practice
bull Professionals should maintain adequate 7noledge of the la relating totheir area of practice
bull esponsible n4ironmntal mana+mnt comutr softar anddiscrimination are a fe of the subects covered under this ule
PEn sall upold and enance te onor7 dinit$7 and reputation of teir professions7 and te a1ilit$ to ser4e te pu1lic interest
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bull Advertisements proposals and presentations should be factual clearand dignified
bull A professional should be careful to give due credit to others
bull nly revie the or7 of another professional hen they have beeninformed unless there is a confidentiality agreement to the client
bull gtelp ET-s
APE$$A COE OF ETHICS
0 P Eng shall hold paramount the DealtD safet6 and elfare of tDe pulic and enironment
B PEng shall underta7e only or tDat tDe6 are competent to perform bytheir training and eperience
F P Eng shall conduct themselves ith interit6 Donest6 fairness and
oGectiit6 in their professional activities
K PEng shall compl6 itD applicale statutes reulations and 62las intheir professional practice
H PEng shall uphold and enhance the Donor dinit6 and reputation of their professions and the ability to sere tDe pulic interest
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COPRI$HTS
9RiDt to cop6
nly the oner of the or7 is alloed to reproduce the or7 or permit others tocopy it
Plaiarism is copying someone else-s or7 and claiming it as your on
Fair ealin +se or reproduction of or7 for private study research criticismrevie or nes reporting
Cop6riDts appl6 to8bull iterar$ ampors boo7s poems pamphlets computer programs
bull ramatic ampors films videos plays scripts
bull Musical ampors compositions ampords and music
bull Artistic ampors paintings draings maps photos sculptures architects
Also to8bull Performer(s performances actors musicians dancers
bull Communication Sinals broadcasters
bull Sound Recordins
6opyright is restricted to the epression in a fied manner amptet recordingdraing of an ideaL it does not etend to the idea itself
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3acts ideas and nes are all considered public property
6opyright does apply tobull $ong
bull )ovel
bull Playbull (agazine article
bull 6omputer program
bull ideo 6assettes (ovies
6opyright does NOT apply tobull $ong titlebull Plot ideabull Play of gtamletbull 3acts in an articlebull )ame of a computer programbull (a7ing a copy of a musical tape amproyalties have been paid already
bull 6opies for educational institutions ampcan 7eep radio and nes tapes for 0 year
bull )onprofit libraries archives and museumshen you create a or7 you automatically have copyright protection providedthat at the time of creation you ere a 6anadian 6itizen or a resident in a countrythat participates in 6opyright rules
Autorsip The person that creates the or7
Oampnersip f you are the creator of the or7 you on the copyright f you
create a or7 hile employed the copyright belongs to the employer ou canlegally transfer your rights to someone else then they on the copyright
uration 6opyright ampintellectual property lasts for the life of the author N H1years
Moral Rits Even if you sell your copyright you still retain moral rightsltThis means that no one including the person ho ons the copyright candistort mutilate or modify your or7 ampchange the ending use for a commercial etc
(oral rights eist for the same length as the copyrightou cannot sell or transfer your moral rights but you can aive them
RE$ISTRATION OF A COPRI$HT
ou do not have to register a copyright to have protection in 6anada
f you choose to register ith the copyright office you receive a certificate hichcan be used to your advantage if your or7 is infringed t is evidence that it is
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your or7 and you are the oner n a dispute you do not have to proveonership
ou send the application to the 6opyright office and you do not send your or7in ou may need to send a copy to the )ational ibrary of 6anada but the
6opyright office doesn-t revie your or7 at all
There is no requirement to mar7 your or7 under the 6opyright Act ou canmar7 it li7e this
)ame ear copy e 4ane oe 09I copy
ou can use this format even if you have not registered your or7
The 6opyright ffice is not responsible for ensuring that your copyright is notbeing infringedCCthis is your ob ou have to launch legal action yourself and
the courts are left to decide
Assinment As the oner you may decide i4e up part or all of $our rits toanother party The assignment may be for the hole term or for ust a certainpart of the term
icense ou as the oner give someone else permission to use your or7 forcertain purposes and under certain conditions but you still retain onership oudo not i4e up $our rits
Ro$alties (oney paid to the copyright oner as commission for sales of theiror7 or permission to use them
Tariffs $et fees that users must pay for using certain copyright material
Collecti4es an organization that collects royalties on behalf of its members
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TRAEMARampS
A trade2mar is a ord symbol or design to distinguish the products or servicesof an organization or person from others t can also represent a reputation
Ordinar$ Mars ords or symbols that distinguish your product or service ampe Giddy+p
Certification Mars identify ares or services that meet a defined standardThey are oned by one person but licensed to others to identify ares orservices hich meet a defined standard ampe oolmar7 APEGGA seal
istinuisin uise identifies the unique shape of a product or its pac7ageampe eggs Egg
A trade name is the name under hich you conduct your business The tradename can be registered under the Trade(ar7s Act only if it is also used as aTrademar7 ampto identify products or services
RE$ISTERIN$ A TRAE2MARamp
The Reistered Trade2Mar is one that is entered on the Trademar7s registerou are not required to register your trademar7 if you use it for a certain lengthof time you can establish onership by 6ommon a
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bull egistration of your trademar7 gives you the eclusive right to use the mar7across Canada for 8 $ears then you have to rene it
bull t is recommended that you register your Trade(ar7 in case someone elsetries to use it
bull f you fail to use the mar7 for an etended period your registration may becancelled
bull ou can register a trademar7 by filing an application for registration ith theTrademar7s ffice our trade2mar must e used in Canada efore itcan e reistered+
RE$ISTRATION QALIFICATIONS
bull 6annot be primarily your full name or surname ampunless you can prove it is already
identified
bull ou may not register a ord that clearly describes a feature of the product orservice ampseet uicy
bull The ord cannot be clearly misleading ampdeceptively misdescriptive ampe sugarseet if it has no sugar
bull ou may not register a ord that clearly designates the place of origin of theproduct or service or if it misleads the public into thin7ing that the productcomes from there ampParis 3ashions Atlantic 6od but you can use )orth Pole =ananasbecause no one ould epect them to come from there
bull ou can use a disclaimer statement indicating that you are not claimingeclusive rights for certain ords appearing in the trademar7 n this ayyou can use clearly descriptive ords hich are unregisterable on their onampce 6ream in =ob-s ce 6ream
bull )ames of products in other languages cannot be registered ampurstlt is Germanfor sausage
bull 6annot be registered if it consists or a plant variety denomination
bull ou cannot use ords symbols sounds or ideas that are confusingly similar
to a registered trademar7 or a pending mar7 amp2ing og 3ood and 2ing 6at 3oodould be refused
bull ou cannot register a trademar7 that resembles certain official symbolsunless you have the consent of the authority in question
o fficial government symbols
o 3amily coats of arms
o =adges and crests or 6(P
o Emblems and names of ed 6ross or +)
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o 3lags of other countries
o $ymbols of provinces
=efore you try to register your trademar7 do a search and include trade namesas ell
After you have a registered trademar7 to 7eep it you mustLbull Pay the registration fees every 0H years
bull +se the trademar7 in 6anada or it ill be epunged
Assinment to sell or transfer your rights to a trademar7 to another party
Marin ReDuirements The Trade(ar7s Act does )T have anyrequirements but many oners indicate their registration through the folloingmar7s
983214 O registered trademar7
991522 O trademar7$( O service mar7
The Trade(ar7 ffice ill prevent anyone else from registering your trademar7but it is your responsibility to monitor the mar7etplace and ta7e legal action ifsomeone is using your trademar7
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PATENTS
A patent is
bull A document protecting the rights of the inventor
bull A repository of useful technical information for the public
The idea is to promote the sharing of technological information hile giving you amonopoly on your creation
ith a patent the government gives the inventor the right to eclude others fromma7ing or selling your invention
The invention is protected from the day the patent is granted to a maimum of =6ears after the day you filed your application
The Patent ffice then epects you to provide a full description of your inventionso that all 6anadians can benefit from this technology They allo your
application to be open gt montDs from the filing date during the con4ention priorit$ date
Patent applications are made pulic gt montDs after the 6anadian 3iling ate
ou must obtain a valid patent ithin 8 $ear of main te product pu1lic
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A 6anadian patent is only etended throughout 6anada ou must apply forpatent rights in other countries separately
t is important to 7eep your invention secret until your first patent application isfiled in order to preserve your rights to file later in most foreign countries
3or an invention to be patented it must be
bull NO0ET= 3irst in the orld
bull )TIIT= 3unctional and operative
bull INGEN)IT= $ho inventive ingenuity and not be obvious to someones7illed in that area
The folloing items are patentable
bull Product ampdoor loc7
bull A composition ampchemical composition li7e lubricant
bull An apparatus ampmachine to ma7e door loc7s
bull A process ampmethod
bull An improvement on any of these
The idea alone is not patentable t must be reduced to something physical
ou CANNOT patentbull A scientific principle
bull An abstract theorem
bull An idea
bull A method of doing businessbull A computer program
bull A medical treatmentn 6anada patents are given to the first inventor to file an application
f you invent something hile or7ing for an employer on the employer-s timeith the employer-s materials at the epense of the employer the inventionrights still belong to you unless you have been hired by the company to inventpatentable inventions
PATENT APPLICATION
+ $et a Patent Aent
+ Preliminar6 SearcD
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bull ou can do a preliminary search in the online database or visit the Patentffice in person
0+ Preparin tDe Patent Application
bull A patent application must consist ofo a1stract ampbrief description
o specification ampclaims and boundaries of protection
o draampins
3+ File 6our Application4+ Reuest eBamination5+ EBaminer does searcD and approes or oGects+lt+ Respond to an6 oGectionsgt+ Patent ranted or oGected+
CONENTION PRIORIT
(any countries belong to the Paris 6onvention for the Protection of ndustrialProperty
This treaty allos you to invo7e convention prioritylt hich means that your filingdate in one member country ill be recognized by all others provided you file inthose countries ithin the first year
ampe if you file in 6anada in 4anuary B111 you could file up to one year later in most countriesamp4anuary B110 and still receive the same rights as if you filed in B111
PATENT COOPERATION TREAT (PCT)
t provides a standardized international filing procedure for foreign patents hichis shared by our principal trading partners including the +$ 4apan and mostEuropean countriesou may file for a patent in as many as 01I member countries through a singleapplication filed in 6anada
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INSTRIAL ESI$N
An Industrial esin is the features of shape configuration pattern or ornamentapplied to a finished article made by hand tool or machine ampappealing to the eye
There is no time limit for filing an application as long as the design has neverbeen published ampmade public to anyone
ou must file ithin 6ear of going public ith your design or you ill lose youreclusive rights to the design
The advantage of registering your industrial design is that it gives you eclusive
right to your design for up to = 6ears from tDe date of reistration
+nless you register your design you can ma7e no legal claim of onership andhave no legal protection from imitation
nly the proprietor ampcreator of the design may obtain registration unless youhave been hired to develop a design Then the hirer is the proprietor
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Trade Secret industrial 7noho or valuable information acquired by abusiness t could be a
bull formula
bull pattern
bull device
bull compilation of info used to give you an advantage over the competitors
ou cannot registerbull That don-t have visual appeal
bull 3eatures that are hidden from vie or too small to appeal to the eye
bull A method of construction
bull An idea
bull (aterials used in construction
bull 3unction of an article
bull 6olor
ESI$N RE$ISTRATION
The application ill includebull Application forms ampdescription
bull At least one draing or photograph
bull 3ees
The process ill include
bull nitial processing
bull Eamination
bull egistration
ou do not have to mar7 your design in order to indicate that it is registered butmar7ing it gives you etra protection
As proprietor you may ta7e legal action against anyone ho infringes on yourdesign in 6anada but you must ta7e action ithin F years of the incident
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An 9assinment occurs hen you sell all or part of your rights in the designpermanently to another party
ou can 9license another user to allo someone else to use your design but
you still retain onership
To have your design protected in other countries you must apply separately ineach country
ou have 5 montDs to file for 9conention priorit6+ampe you apply to register in 6anada in 4anuary B111 then you have until 4uly B111 to file in other 6onvention countries and receive the same rights as if it ere 4anuary B111
LA FOR PROFESSIONAL EN$INEERS OOamp
CHAPTER 8 Te Canadian eal S$stem
The legal system of 6anada is based on the English common2lalt system andthe English courts of euit6lt system ampudgemade la and is calledCOMMON2LAlt
The 3ederal 6ourt of 6anada has urisdiction over federal matters such aspatents trademar7s and copyrights
Pu1lic aamp deals ith the rights and obligations of government ampcriminal and6onstitutional la
Pri4ate aamp deals ith the rights and obligations of individuals or private organizations ampCONTRACT AN TORT LA
Termsbull itigation lasuit
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bull Plaintiff party bringing the actionbull efendant party defending the actionbull Appellant party appealing the decisionbull espondent party see7ing to uphold a decisionbull Privity of contract legal relationship beteen parties to a contract
bull 6reditor party to hom an amount is oingbull ebtor party that oes an amount to creditor bull $uarantee A guarantees = the debt of 6omp amphen = doesn-t get paid
= goes to 6omp first then to A
bull Indemnification a promise to directly compensate or reimburseanother party for a loss or cost incurred f Aindemnifies = the debt of 6omp amphen = doesn-t get paid =goes directly to A
CHAPTER usiness Oraniations
Sole Proprietorsip an individual carries on business by and for himself andalso enoys the profits and incurs any losses personally
Partnersip an association of persons ho conduct business in common ith avie to profit ndividuals or organizations share profits and losses
Corporation an entity unto itself distinct from its oners ampfictitious personThe corporation itself ons its assets and incurs its on liabilities
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CHAPTER B International Considerations
t is etremely important to obtain advice from an appropriately eperiencedlayer in the foreign country or have the advice of a consultant in that countryt is ise to purchase political ris7 insurance and to use careful udgment together ith a local influential partner
$ome potential ris7s of or7ing internationally are
bull Political Ris is one of the more obvious ris7 factors in or7inginternationally The 6hanges in government can lead to significant policychanges
bull Licensin reuirements and obtaining necessary permits and approvalsin a foreign country under different legal systems can be timeconsuming
bull Financial Riss due to currency echange and controls or restrictions onthe transfer of funds out of the country
bull Contract documents and forms used on proects may be different
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CHAPTER gt Tort ia1ilit$
Tort8 generally refers to a private or civil rong or inury one that involvesnegligence and that may arise independently of contract ampcar driver and victim
amphich includes financial loss hen based on a professional-s opinion
The fundamental purpose of tort la is to compensate ictims of tortsPunishment of negligent rongdoers IS NOT a purpose of tort la
Professional liability insurance should provide protection if an engineer-snegligence results in damage arising in tort
n order to satisfy the courts that compensation should be made the plaintiff in atort action must prove that
bull The defendant oed the plaintiff a duty of care
bull The defendant breached that duty by his conduct
bull The defendant-s conduct caused the inury to the plaintiff
f any 0 of these F aspects is not proven to the satisfaction of the courts theplaintiff ill not in
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A significant factor in a tort action is the establishment of the standard of carerequired of the defendant
The standard is applied based on the premise that engineers have a duty to use
the reasonable care and s7ill of engineers of ordinary competence Thereasonable carelt is measured by applicable professional standards of theengineering profession at the time the services ere performed
Strict ia1ilit$ manufacturers and employers are held strictly liable hen faultis not necessary if compensation is to be provided ampnot yet upheld in 6anadaampe All employees ma7e contributions on behalf of employees and if someone is inuredcompensation is provided ith no finding of faultampe A manufacturer may be strictl6 lialelt if for any damages that result from the use of theirproduct
0icarious ia1ilit$ The employer is responsible for damaged caused by its
employees The employer provides compensation because it is presumed thatthe employer is in a better financial position than the employee
Concurrent Tortfeasors hen more than one party is liable in a tort actionThe defendant-s together are called concurrent tortfeasors
Products ia1ilit$ The plaintiff must be able to establish that damage hasclearly resulted from appropriate use of a product and the defendantmanufacturer must then persuade the court that at the time the manufacturercould not have foreseen the defective nature of the goods manufactured6anada has not yet ta7en a strict liability approach on products as the +$ has
Products liability has developed through principles of both contract la and tortla The tort concept of fault has been applied and implied contractualarranties that the product is effective and the contract of a sale must also eist
n productsliability matters economic losses ampin the absence of physical inurymay in some circumstances be recoverable
Standards of Care and ut$ to 5arn A manufacturer must arn theconsumer of any dangerous potential of the product by appropriate labeling
Oter Tortsbull Tort of defamation8 ampif the statements that damage the reputation are true there is
no liability
o ibel D in riting
o $lander D verbal
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bull Occupiers Liailit68 The occupier of a property must eercise therequired standard of care to ensure the safety of individuals coming ontothat property
bull Tort of Nuisance8 esigned to alleviate undue interference ith the
comfortable and convenient enoyment of the plaintiff-s landampe insecticide spray drifting onto other land
CHAPTER Proof
The burden of proof is on the plaintiff to prove the case against the defendant
Engineers often find themselves ma7ing appearances as eBpert itnesses incourt
The epert is permitted to epress opinions ith respect to his or her area ofepertise and the itness should be cautious and restrict testimony to such
area
ou ill be hired by one side and crosseamined by counsel from the otherparty
Preparation is of the utmost importance in litigation The epert itness shouldclearly understand the issues in the lasuit and be aare of the scope ofquestions that can be reasonably epected
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CHAPTER 28 Contracts
3or a contract to be binding and enforceable the folloing elements must bepresent
bull An offer made and accepted
bull (utual intent to enter into the contract
bull 6onsideration or offer ampan echange of promises each promise representing
something of valueCpayment of money is not essential
bull 6apacity to contract ampcan-t be a minor drun7 or crazyCenforceable by the drun7 if
the other party 7ne they ere intoicatedbull aful purpose 6ontract on-t be enforced if it is unlaful
An offer is a promise made by one person to another
)ot all contracts are in riting
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+ntil it is accepted the offer may be ithdran by the offeror unless it is madeepressly irrevocable by its terms
Irre4oca1le Offers =idders submit offers or tenders that have been madeirrevocable for a specific period of time At any point during that period the offer
may be accepted and a contract ill be formed
Option Contract This contract is another means of 7eeping an offer open for acertain period of timeampe The party purchasing the option may ant do eploration or7 for a period of time beforedeciding to spend a large sum of money on the property
EDuita1le Estoppel A udge can stoplt the strict terms of a contract from beingfolloed if it is proven that the terms had changed outside of the agreementampoften used hen etensions to deadlines are agreed upon and then the person tried to go bac7to the original ritten contract
Pursuant to contract la consideration ampor a seal must be present in order toma7e a change to a contract enforceable D otherise it is ust a promise not laThe courts protect the person in the situation here a promise is ta7en as fullagreement
Statute of Frauds Ensures that certain types of contracts must be in riting tobe enforceable
Rectification This order can be applied for to rectify a contract because of asecretarial or recording mista7e
)nilateral Mistae A mista7e made by only one party to a contract 6ourts illdecide hether a contractor ill be relieved of their mista7e
CHAPTER 8 Tenderin Issues Contract A
a of tendering in 6anada gives the principle that there are B separatecontracts that arise in the tendering process
0 Contract A D the contract of irrevocability ampthat deals ith the tenderingphase
B Contract D the construction contract ampapplies to the construction phase
The number of number of tenders submitted is the number of 6ontract A-s thatare formed
The original tender pac7age contents cannot be changed ithout notifyingeveryone or you are in =reach of 6ontract A
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CHAPTER 82 Contract Interpretation
Parties to a contract sometimes dispute the meaning of part of the contract Todifferent approaches can be ta7en hen interpreting contracts
bull i1eral Approac ta7es into account the intent of the parties and maylead to speculation on that intent
bull Strict Approac focuses on the precise ords in the agreement andmay rely on dictionary meanings
Contra Preferentem hen a contract is ambiguous or unclear it ill beinterpreted against the person that rote it up
Parol E4idence Rule hen verbal agreements outside of the ritten contractare included as rule in a contract n most cases if a condition is agreed uponverbally but is not included in the contract then the condition is not part of thecontract
Implied Terms hen the inclusion of obvious terms of a contract have beenoverloo7ed here it is reasonable implied terms may eist in a contract
CHAPTER 83 iscare of Contracts
There are several ays to discharge a contract
bull Performance hen all parties have completed their respectiveobligations the contract is at an end
bull Areement to iscare Parties in a contract are alays free to amend
the contract or agree to cancel or terminate the contract upon mutuallyagreed terms
bull iscare Pursuant to Epress Terms t is advised to include in acontract terms here all parties may terminate the contract if certainoutside events ere to occur ampe ban7ruptcy
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bull iscare 1$ Frustration hen changing unforeseeablecircumstances occur that may radically change the obligations of theparties
o Force Maeure Provides that the time for completion ill beetended in the event of ar riot flood labor dispute or other
events that are beyond the control of both parties
bull iscare 1$ reac of Contract ne party fail to perform obligations
o iscare 1$ Repudiation hen the party to a contract
epressly tells the other party that they have no intention ofperforming contractual obligations
CHAPTER 86 reac of Contract
f a party to a contract fails to perform obligations specified in the contract thenthat party has breached the contract
The innocent party is entitled to certain remedies depending on the nature of thebreach and the terms of the contract
Condition an obligation that is essential or vital to the contract5arrant$ an obligation that is NOT essential or vital to the contract
A =reach of 6ontract is a cause for discharge only if its effect is to render itpurposeless for the innocent party to proceed further ith performance
Repudiation hen the party to a contract epressly tells the other party thatthey have no intention of performing contractual obligations
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REMIIES
A nondefaulting party is entitled to damages for losses incurred as a result of abreach of contract
irect amaes Actual calculated difference in the cost of having to chooseone service over the other ampthe loest bid is chosen and then they refuse to do the or7so the second loest bid is chosen and the party sues for the monetary difference beteen theloest and second loest bid
Indirect amaes Are consequential to the breach and might include damagesfor lost profits or damages incurred if the contract is not fulfilled
iDuidated amaes Are preestimated damages if certain events ere tooccur that are ritten into the contract under a Penalty 6lause
ltuantum Meruit hen services have been requested and performed but nooutside agreement as reached beteen the parties as to hat payment ouldbe provided in return for the services then the courts can aard the person ithas much as is reasonably deservedlt for time spent and materials supplied
Su1stantial Compliance hen a contractor has substantially complied iththe terms of a contract yet failed to comply ith some minor aspect of thecontract The contractor ill be paid the contract price minus the cost ofdamages caused by the minor problems
Specific Performance hen the courts require a party to perform a contractual
obligation li7e the sale of land or a personal item
Inunction A court order that prohibits or restrains a party from performing anactCHAPTER 9 Fundamental reac
Applies to a contract that contains an eemption clause amphere parties limit theirliability if a breach of contract results and ma7es the eemption ineffective
CHAPTER 8 Areement etampeen Client and Enineer
A contract beteen a client and an engineer must include all of the essentialcontract elements
The document ill not specify the degree of care that is required of the engineerin carrying out the services =ut the engineer is liable for incompetence
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carelessness or negligence that results in damages to the client and for notperforming ith an ordinary and reasonable degree of care and s7ill
CHAPTER Concurrent ia1ilit$ in Tort and Contract
+nless otherise stated in a contract the standard of care epected of anengineer doing a ob is the same standard of care by hich an engineer-sperformance is measured in tort
3or a breach of contract there is a limitation period of I years from date of thebreach in hich to press charges instead of hen it is discovered
n tort the limitation period in hich to press charges starts hen the damagesare first detected
CHAPTER 3 Ar1itration and AR
A lasuit is not alays the best ay to resolve a dispute beteen contractingparties especially technical disputes
Ar1itration or Alternati4e ispute Resolution +AR- t is less costly and lesspublic than litigation
An engineer that is an arbitrator is epected to act impartially and independentlyof the parties to the dispute
The Arbitration Act deals ith the appointment of an arbitrator and sets out astructure or set of rules to govern the conduct of an arbitration unless the partiesagree that some other structure or rules ill apply
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The Act also gives arbitrators the urisdiction to aard preudgment and post udgment interests ust li7e the courts have under the 6ourts of 4ustice Act
Partnerin intended to respond to the need for improved attitudes amongstindustry participants to the importance of teamor7 on proects
This cooperative attitude should assist in resolving proect disputes at an earlystage
) TGAT) and A=TAT) result in a 4+G(E)T TgtAT $=))G
Proect Neutral (proGect manaement oerie) The companies appoint a
proect neutral usually an independent professional eperienced in the industryto be aare of developments on the proect ith a vie to offering unbiasedadvice and decisions
Mediation esolving disputes through the negotiating process involving amediator ho is to provide guidance and to facilitate the settlement process agobeteenlt in communicating proposed settlements
There is no udgmentL the parties need to or7 out their differences
CHAPTER BB Industrial Propert$
Industrial Propert$ Rits ights that generally relate to patents trademar7scopyrights and industrial design
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THE CONCEPTS OF PROFESSIONALISM
PROFESSION
bull A learned calling ith specialized 7noledge
bull Performs services ith advanced 7noledge s7ill and udgment in hich
the public trusts
bull gtas public obligation and performs services in the general public interest
bull s bound by an ethical code in its relationship ith the public clientsemployees and colleagues
bull Accepts responsibility to regulate professional members and professionalservices provided to clients and the public
Engineering is a profession that is selfo4ernin and has the authority todiscipline members ho fail to comply ith proper standards of practice andconduct
The engineering profession is
bull highly organized
bull minimum standards of admissionbull regulate the activities of their members amps7illed practice and ethical conduct
bull promote the advancement of 7noledge
Professionals depend on the confidence ofbull the client or employer
bull the public
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ECEENCE
A shared commitment ith your peers to strive for ecellence
ETHICS
Ethics deals ith voluntary actions ta7en by an individual ith sufficient7noledge of options available
The COE OF ETHICS shapes the practice in to important aysbull provides a commonest of values hich offers a reliable professional
product to the public
bull professional relationship of trust ith the public is fundamental
APE$$A COE OF ETHICS
Professional Engineers shall recognize that professional ethics is founded uponintegrity competence dignity and devotion to service
8 P En sall old paramount7 te ealt7 safet$ and ampelfare of te pu1lic and en4ironment
bull They have an obligation to report conditions hich present an
immediate threat to safety health elfare or the environment
bull t should first be reported to the professionals involved then to
corporate or regulatory authorities
PEn sall undertae onl$ ampor tat te$ are competent to perform 1$teir trainin and eperience
bull Professional members should ensure to the best of their ability thatstatements on engineering matters attributed to them properly reflecttheir professional opinion
Stampin and Sinin ocuments8
bull Professionals shall only stamp and sign documents that they haveprepared or that have been prepared under their direct supervision andcontrol
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bull hen or7 is prepared by others they shall only stamp and sign afterhaving thoroughly revieed the or7 and accepted responsibility for it
bull Engineers ho apply their seals or stamps to reports plans or otherdocuments are stating that they understand and are in agreement ith
these documents
bull The absence of a seal or stamp does not necessarily indicate that aprofessional member has not revieed the document not does itrelieve the member from professional or legal responsibility if it can beshon that he or she as involved ith the or7
B P En sall conduct temsel4es ampit interit$7 onest$7 fairness ando1ecti4it$ in teir professional acti4ities
bull A client-s or employer-s interests should be held in high regard gtoeverthe folloing duties ta7e precedencelt
o duty to protect public safety
o duty to the professions under the 6ode of Ethics
o duty to act fairly to all parties hen administering a contract on
behalf of a client or employer
bull Professionals should 7eep confidential all information that is acquired inthe course of their professional duties and that concerns the businessaffairs of present or past clientsemployees
gt PEn sall compl$ ampit applica1le statutes7 reulations and 1$laamps inteir professional practice
bull Professionals should maintain adequate 7noledge of the la relating totheir area of practice
bull esponsible n4ironmntal mana+mnt comutr softar anddiscrimination are a fe of the subects covered under this ule
PEn sall upold and enance te onor7 dinit$7 and reputation of teir professions7 and te a1ilit$ to ser4e te pu1lic interest
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bull Advertisements proposals and presentations should be factual clearand dignified
bull A professional should be careful to give due credit to others
bull nly revie the or7 of another professional hen they have beeninformed unless there is a confidentiality agreement to the client
bull gtelp ET-s
APE$$A COE OF ETHICS
0 P Eng shall hold paramount the DealtD safet6 and elfare of tDe pulic and enironment
B PEng shall underta7e only or tDat tDe6 are competent to perform bytheir training and eperience
F P Eng shall conduct themselves ith interit6 Donest6 fairness and
oGectiit6 in their professional activities
K PEng shall compl6 itD applicale statutes reulations and 62las intheir professional practice
H PEng shall uphold and enhance the Donor dinit6 and reputation of their professions and the ability to sere tDe pulic interest
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COPRI$HTS
9RiDt to cop6
nly the oner of the or7 is alloed to reproduce the or7 or permit others tocopy it
Plaiarism is copying someone else-s or7 and claiming it as your on
Fair ealin +se or reproduction of or7 for private study research criticismrevie or nes reporting
Cop6riDts appl6 to8bull iterar$ ampors boo7s poems pamphlets computer programs
bull ramatic ampors films videos plays scripts
bull Musical ampors compositions ampords and music
bull Artistic ampors paintings draings maps photos sculptures architects
Also to8bull Performer(s performances actors musicians dancers
bull Communication Sinals broadcasters
bull Sound Recordins
6opyright is restricted to the epression in a fied manner amptet recordingdraing of an ideaL it does not etend to the idea itself
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3acts ideas and nes are all considered public property
6opyright does apply tobull $ong
bull )ovel
bull Playbull (agazine article
bull 6omputer program
bull ideo 6assettes (ovies
6opyright does NOT apply tobull $ong titlebull Plot ideabull Play of gtamletbull 3acts in an articlebull )ame of a computer programbull (a7ing a copy of a musical tape amproyalties have been paid already
bull 6opies for educational institutions ampcan 7eep radio and nes tapes for 0 year
bull )onprofit libraries archives and museumshen you create a or7 you automatically have copyright protection providedthat at the time of creation you ere a 6anadian 6itizen or a resident in a countrythat participates in 6opyright rules
Autorsip The person that creates the or7
Oampnersip f you are the creator of the or7 you on the copyright f you
create a or7 hile employed the copyright belongs to the employer ou canlegally transfer your rights to someone else then they on the copyright
uration 6opyright ampintellectual property lasts for the life of the author N H1years
Moral Rits Even if you sell your copyright you still retain moral rightsltThis means that no one including the person ho ons the copyright candistort mutilate or modify your or7 ampchange the ending use for a commercial etc
(oral rights eist for the same length as the copyrightou cannot sell or transfer your moral rights but you can aive them
RE$ISTRATION OF A COPRI$HT
ou do not have to register a copyright to have protection in 6anada
f you choose to register ith the copyright office you receive a certificate hichcan be used to your advantage if your or7 is infringed t is evidence that it is
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your or7 and you are the oner n a dispute you do not have to proveonership
ou send the application to the 6opyright office and you do not send your or7in ou may need to send a copy to the )ational ibrary of 6anada but the
6opyright office doesn-t revie your or7 at all
There is no requirement to mar7 your or7 under the 6opyright Act ou canmar7 it li7e this
)ame ear copy e 4ane oe 09I copy
ou can use this format even if you have not registered your or7
The 6opyright ffice is not responsible for ensuring that your copyright is notbeing infringedCCthis is your ob ou have to launch legal action yourself and
the courts are left to decide
Assinment As the oner you may decide i4e up part or all of $our rits toanother party The assignment may be for the hole term or for ust a certainpart of the term
icense ou as the oner give someone else permission to use your or7 forcertain purposes and under certain conditions but you still retain onership oudo not i4e up $our rits
Ro$alties (oney paid to the copyright oner as commission for sales of theiror7 or permission to use them
Tariffs $et fees that users must pay for using certain copyright material
Collecti4es an organization that collects royalties on behalf of its members
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TRAEMARampS
A trade2mar is a ord symbol or design to distinguish the products or servicesof an organization or person from others t can also represent a reputation
Ordinar$ Mars ords or symbols that distinguish your product or service ampe Giddy+p
Certification Mars identify ares or services that meet a defined standardThey are oned by one person but licensed to others to identify ares orservices hich meet a defined standard ampe oolmar7 APEGGA seal
istinuisin uise identifies the unique shape of a product or its pac7ageampe eggs Egg
A trade name is the name under hich you conduct your business The tradename can be registered under the Trade(ar7s Act only if it is also used as aTrademar7 ampto identify products or services
RE$ISTERIN$ A TRAE2MARamp
The Reistered Trade2Mar is one that is entered on the Trademar7s registerou are not required to register your trademar7 if you use it for a certain lengthof time you can establish onership by 6ommon a
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bull egistration of your trademar7 gives you the eclusive right to use the mar7across Canada for 8 $ears then you have to rene it
bull t is recommended that you register your Trade(ar7 in case someone elsetries to use it
bull f you fail to use the mar7 for an etended period your registration may becancelled
bull ou can register a trademar7 by filing an application for registration ith theTrademar7s ffice our trade2mar must e used in Canada efore itcan e reistered+
RE$ISTRATION QALIFICATIONS
bull 6annot be primarily your full name or surname ampunless you can prove it is already
identified
bull ou may not register a ord that clearly describes a feature of the product orservice ampseet uicy
bull The ord cannot be clearly misleading ampdeceptively misdescriptive ampe sugarseet if it has no sugar
bull ou may not register a ord that clearly designates the place of origin of theproduct or service or if it misleads the public into thin7ing that the productcomes from there ampParis 3ashions Atlantic 6od but you can use )orth Pole =ananasbecause no one ould epect them to come from there
bull ou can use a disclaimer statement indicating that you are not claimingeclusive rights for certain ords appearing in the trademar7 n this ayyou can use clearly descriptive ords hich are unregisterable on their onampce 6ream in =ob-s ce 6ream
bull )ames of products in other languages cannot be registered ampurstlt is Germanfor sausage
bull 6annot be registered if it consists or a plant variety denomination
bull ou cannot use ords symbols sounds or ideas that are confusingly similar
to a registered trademar7 or a pending mar7 amp2ing og 3ood and 2ing 6at 3oodould be refused
bull ou cannot register a trademar7 that resembles certain official symbolsunless you have the consent of the authority in question
o fficial government symbols
o 3amily coats of arms
o =adges and crests or 6(P
o Emblems and names of ed 6ross or +)
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o 3lags of other countries
o $ymbols of provinces
=efore you try to register your trademar7 do a search and include trade namesas ell
After you have a registered trademar7 to 7eep it you mustLbull Pay the registration fees every 0H years
bull +se the trademar7 in 6anada or it ill be epunged
Assinment to sell or transfer your rights to a trademar7 to another party
Marin ReDuirements The Trade(ar7s Act does )T have anyrequirements but many oners indicate their registration through the folloingmar7s
983214 O registered trademar7
991522 O trademar7$( O service mar7
The Trade(ar7 ffice ill prevent anyone else from registering your trademar7but it is your responsibility to monitor the mar7etplace and ta7e legal action ifsomeone is using your trademar7
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PATENTS
A patent is
bull A document protecting the rights of the inventor
bull A repository of useful technical information for the public
The idea is to promote the sharing of technological information hile giving you amonopoly on your creation
ith a patent the government gives the inventor the right to eclude others fromma7ing or selling your invention
The invention is protected from the day the patent is granted to a maimum of =6ears after the day you filed your application
The Patent ffice then epects you to provide a full description of your inventionso that all 6anadians can benefit from this technology They allo your
application to be open gt montDs from the filing date during the con4ention priorit$ date
Patent applications are made pulic gt montDs after the 6anadian 3iling ate
ou must obtain a valid patent ithin 8 $ear of main te product pu1lic
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A 6anadian patent is only etended throughout 6anada ou must apply forpatent rights in other countries separately
t is important to 7eep your invention secret until your first patent application isfiled in order to preserve your rights to file later in most foreign countries
3or an invention to be patented it must be
bull NO0ET= 3irst in the orld
bull )TIIT= 3unctional and operative
bull INGEN)IT= $ho inventive ingenuity and not be obvious to someones7illed in that area
The folloing items are patentable
bull Product ampdoor loc7
bull A composition ampchemical composition li7e lubricant
bull An apparatus ampmachine to ma7e door loc7s
bull A process ampmethod
bull An improvement on any of these
The idea alone is not patentable t must be reduced to something physical
ou CANNOT patentbull A scientific principle
bull An abstract theorem
bull An idea
bull A method of doing businessbull A computer program
bull A medical treatmentn 6anada patents are given to the first inventor to file an application
f you invent something hile or7ing for an employer on the employer-s timeith the employer-s materials at the epense of the employer the inventionrights still belong to you unless you have been hired by the company to inventpatentable inventions
PATENT APPLICATION
+ $et a Patent Aent
+ Preliminar6 SearcD
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bull ou can do a preliminary search in the online database or visit the Patentffice in person
0+ Preparin tDe Patent Application
bull A patent application must consist ofo a1stract ampbrief description
o specification ampclaims and boundaries of protection
o draampins
3+ File 6our Application4+ Reuest eBamination5+ EBaminer does searcD and approes or oGects+lt+ Respond to an6 oGectionsgt+ Patent ranted or oGected+
CONENTION PRIORIT
(any countries belong to the Paris 6onvention for the Protection of ndustrialProperty
This treaty allos you to invo7e convention prioritylt hich means that your filingdate in one member country ill be recognized by all others provided you file inthose countries ithin the first year
ampe if you file in 6anada in 4anuary B111 you could file up to one year later in most countriesamp4anuary B110 and still receive the same rights as if you filed in B111
PATENT COOPERATION TREAT (PCT)
t provides a standardized international filing procedure for foreign patents hichis shared by our principal trading partners including the +$ 4apan and mostEuropean countriesou may file for a patent in as many as 01I member countries through a singleapplication filed in 6anada
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INSTRIAL ESI$N
An Industrial esin is the features of shape configuration pattern or ornamentapplied to a finished article made by hand tool or machine ampappealing to the eye
There is no time limit for filing an application as long as the design has neverbeen published ampmade public to anyone
ou must file ithin 6ear of going public ith your design or you ill lose youreclusive rights to the design
The advantage of registering your industrial design is that it gives you eclusive
right to your design for up to = 6ears from tDe date of reistration
+nless you register your design you can ma7e no legal claim of onership andhave no legal protection from imitation
nly the proprietor ampcreator of the design may obtain registration unless youhave been hired to develop a design Then the hirer is the proprietor
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Trade Secret industrial 7noho or valuable information acquired by abusiness t could be a
bull formula
bull pattern
bull device
bull compilation of info used to give you an advantage over the competitors
ou cannot registerbull That don-t have visual appeal
bull 3eatures that are hidden from vie or too small to appeal to the eye
bull A method of construction
bull An idea
bull (aterials used in construction
bull 3unction of an article
bull 6olor
ESI$N RE$ISTRATION
The application ill includebull Application forms ampdescription
bull At least one draing or photograph
bull 3ees
The process ill include
bull nitial processing
bull Eamination
bull egistration
ou do not have to mar7 your design in order to indicate that it is registered butmar7ing it gives you etra protection
As proprietor you may ta7e legal action against anyone ho infringes on yourdesign in 6anada but you must ta7e action ithin F years of the incident
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An 9assinment occurs hen you sell all or part of your rights in the designpermanently to another party
ou can 9license another user to allo someone else to use your design but
you still retain onership
To have your design protected in other countries you must apply separately ineach country
ou have 5 montDs to file for 9conention priorit6+ampe you apply to register in 6anada in 4anuary B111 then you have until 4uly B111 to file in other 6onvention countries and receive the same rights as if it ere 4anuary B111
LA FOR PROFESSIONAL EN$INEERS OOamp
CHAPTER 8 Te Canadian eal S$stem
The legal system of 6anada is based on the English common2lalt system andthe English courts of euit6lt system ampudgemade la and is calledCOMMON2LAlt
The 3ederal 6ourt of 6anada has urisdiction over federal matters such aspatents trademar7s and copyrights
Pu1lic aamp deals ith the rights and obligations of government ampcriminal and6onstitutional la
Pri4ate aamp deals ith the rights and obligations of individuals or private organizations ampCONTRACT AN TORT LA
Termsbull itigation lasuit
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bull Plaintiff party bringing the actionbull efendant party defending the actionbull Appellant party appealing the decisionbull espondent party see7ing to uphold a decisionbull Privity of contract legal relationship beteen parties to a contract
bull 6reditor party to hom an amount is oingbull ebtor party that oes an amount to creditor bull $uarantee A guarantees = the debt of 6omp amphen = doesn-t get paid
= goes to 6omp first then to A
bull Indemnification a promise to directly compensate or reimburseanother party for a loss or cost incurred f Aindemnifies = the debt of 6omp amphen = doesn-t get paid =goes directly to A
CHAPTER usiness Oraniations
Sole Proprietorsip an individual carries on business by and for himself andalso enoys the profits and incurs any losses personally
Partnersip an association of persons ho conduct business in common ith avie to profit ndividuals or organizations share profits and losses
Corporation an entity unto itself distinct from its oners ampfictitious personThe corporation itself ons its assets and incurs its on liabilities
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CHAPTER B International Considerations
t is etremely important to obtain advice from an appropriately eperiencedlayer in the foreign country or have the advice of a consultant in that countryt is ise to purchase political ris7 insurance and to use careful udgment together ith a local influential partner
$ome potential ris7s of or7ing internationally are
bull Political Ris is one of the more obvious ris7 factors in or7inginternationally The 6hanges in government can lead to significant policychanges
bull Licensin reuirements and obtaining necessary permits and approvalsin a foreign country under different legal systems can be timeconsuming
bull Financial Riss due to currency echange and controls or restrictions onthe transfer of funds out of the country
bull Contract documents and forms used on proects may be different
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CHAPTER gt Tort ia1ilit$
Tort8 generally refers to a private or civil rong or inury one that involvesnegligence and that may arise independently of contract ampcar driver and victim
amphich includes financial loss hen based on a professional-s opinion
The fundamental purpose of tort la is to compensate ictims of tortsPunishment of negligent rongdoers IS NOT a purpose of tort la
Professional liability insurance should provide protection if an engineer-snegligence results in damage arising in tort
n order to satisfy the courts that compensation should be made the plaintiff in atort action must prove that
bull The defendant oed the plaintiff a duty of care
bull The defendant breached that duty by his conduct
bull The defendant-s conduct caused the inury to the plaintiff
f any 0 of these F aspects is not proven to the satisfaction of the courts theplaintiff ill not in
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A significant factor in a tort action is the establishment of the standard of carerequired of the defendant
The standard is applied based on the premise that engineers have a duty to use
the reasonable care and s7ill of engineers of ordinary competence Thereasonable carelt is measured by applicable professional standards of theengineering profession at the time the services ere performed
Strict ia1ilit$ manufacturers and employers are held strictly liable hen faultis not necessary if compensation is to be provided ampnot yet upheld in 6anadaampe All employees ma7e contributions on behalf of employees and if someone is inuredcompensation is provided ith no finding of faultampe A manufacturer may be strictl6 lialelt if for any damages that result from the use of theirproduct
0icarious ia1ilit$ The employer is responsible for damaged caused by its
employees The employer provides compensation because it is presumed thatthe employer is in a better financial position than the employee
Concurrent Tortfeasors hen more than one party is liable in a tort actionThe defendant-s together are called concurrent tortfeasors
Products ia1ilit$ The plaintiff must be able to establish that damage hasclearly resulted from appropriate use of a product and the defendantmanufacturer must then persuade the court that at the time the manufacturercould not have foreseen the defective nature of the goods manufactured6anada has not yet ta7en a strict liability approach on products as the +$ has
Products liability has developed through principles of both contract la and tortla The tort concept of fault has been applied and implied contractualarranties that the product is effective and the contract of a sale must also eist
n productsliability matters economic losses ampin the absence of physical inurymay in some circumstances be recoverable
Standards of Care and ut$ to 5arn A manufacturer must arn theconsumer of any dangerous potential of the product by appropriate labeling
Oter Tortsbull Tort of defamation8 ampif the statements that damage the reputation are true there is
no liability
o ibel D in riting
o $lander D verbal
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bull Occupiers Liailit68 The occupier of a property must eercise therequired standard of care to ensure the safety of individuals coming ontothat property
bull Tort of Nuisance8 esigned to alleviate undue interference ith the
comfortable and convenient enoyment of the plaintiff-s landampe insecticide spray drifting onto other land
CHAPTER Proof
The burden of proof is on the plaintiff to prove the case against the defendant
Engineers often find themselves ma7ing appearances as eBpert itnesses incourt
The epert is permitted to epress opinions ith respect to his or her area ofepertise and the itness should be cautious and restrict testimony to such
area
ou ill be hired by one side and crosseamined by counsel from the otherparty
Preparation is of the utmost importance in litigation The epert itness shouldclearly understand the issues in the lasuit and be aare of the scope ofquestions that can be reasonably epected
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CHAPTER 28 Contracts
3or a contract to be binding and enforceable the folloing elements must bepresent
bull An offer made and accepted
bull (utual intent to enter into the contract
bull 6onsideration or offer ampan echange of promises each promise representing
something of valueCpayment of money is not essential
bull 6apacity to contract ampcan-t be a minor drun7 or crazyCenforceable by the drun7 if
the other party 7ne they ere intoicatedbull aful purpose 6ontract on-t be enforced if it is unlaful
An offer is a promise made by one person to another
)ot all contracts are in riting
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+ntil it is accepted the offer may be ithdran by the offeror unless it is madeepressly irrevocable by its terms
Irre4oca1le Offers =idders submit offers or tenders that have been madeirrevocable for a specific period of time At any point during that period the offer
may be accepted and a contract ill be formed
Option Contract This contract is another means of 7eeping an offer open for acertain period of timeampe The party purchasing the option may ant do eploration or7 for a period of time beforedeciding to spend a large sum of money on the property
EDuita1le Estoppel A udge can stoplt the strict terms of a contract from beingfolloed if it is proven that the terms had changed outside of the agreementampoften used hen etensions to deadlines are agreed upon and then the person tried to go bac7to the original ritten contract
Pursuant to contract la consideration ampor a seal must be present in order toma7e a change to a contract enforceable D otherise it is ust a promise not laThe courts protect the person in the situation here a promise is ta7en as fullagreement
Statute of Frauds Ensures that certain types of contracts must be in riting tobe enforceable
Rectification This order can be applied for to rectify a contract because of asecretarial or recording mista7e
)nilateral Mistae A mista7e made by only one party to a contract 6ourts illdecide hether a contractor ill be relieved of their mista7e
CHAPTER 8 Tenderin Issues Contract A
a of tendering in 6anada gives the principle that there are B separatecontracts that arise in the tendering process
0 Contract A D the contract of irrevocability ampthat deals ith the tenderingphase
B Contract D the construction contract ampapplies to the construction phase
The number of number of tenders submitted is the number of 6ontract A-s thatare formed
The original tender pac7age contents cannot be changed ithout notifyingeveryone or you are in =reach of 6ontract A
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CHAPTER 82 Contract Interpretation
Parties to a contract sometimes dispute the meaning of part of the contract Todifferent approaches can be ta7en hen interpreting contracts
bull i1eral Approac ta7es into account the intent of the parties and maylead to speculation on that intent
bull Strict Approac focuses on the precise ords in the agreement andmay rely on dictionary meanings
Contra Preferentem hen a contract is ambiguous or unclear it ill beinterpreted against the person that rote it up
Parol E4idence Rule hen verbal agreements outside of the ritten contractare included as rule in a contract n most cases if a condition is agreed uponverbally but is not included in the contract then the condition is not part of thecontract
Implied Terms hen the inclusion of obvious terms of a contract have beenoverloo7ed here it is reasonable implied terms may eist in a contract
CHAPTER 83 iscare of Contracts
There are several ays to discharge a contract
bull Performance hen all parties have completed their respectiveobligations the contract is at an end
bull Areement to iscare Parties in a contract are alays free to amend
the contract or agree to cancel or terminate the contract upon mutuallyagreed terms
bull iscare Pursuant to Epress Terms t is advised to include in acontract terms here all parties may terminate the contract if certainoutside events ere to occur ampe ban7ruptcy
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bull iscare 1$ Frustration hen changing unforeseeablecircumstances occur that may radically change the obligations of theparties
o Force Maeure Provides that the time for completion ill beetended in the event of ar riot flood labor dispute or other
events that are beyond the control of both parties
bull iscare 1$ reac of Contract ne party fail to perform obligations
o iscare 1$ Repudiation hen the party to a contract
epressly tells the other party that they have no intention ofperforming contractual obligations
CHAPTER 86 reac of Contract
f a party to a contract fails to perform obligations specified in the contract thenthat party has breached the contract
The innocent party is entitled to certain remedies depending on the nature of thebreach and the terms of the contract
Condition an obligation that is essential or vital to the contract5arrant$ an obligation that is NOT essential or vital to the contract
A =reach of 6ontract is a cause for discharge only if its effect is to render itpurposeless for the innocent party to proceed further ith performance
Repudiation hen the party to a contract epressly tells the other party thatthey have no intention of performing contractual obligations
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REMIIES
A nondefaulting party is entitled to damages for losses incurred as a result of abreach of contract
irect amaes Actual calculated difference in the cost of having to chooseone service over the other ampthe loest bid is chosen and then they refuse to do the or7so the second loest bid is chosen and the party sues for the monetary difference beteen theloest and second loest bid
Indirect amaes Are consequential to the breach and might include damagesfor lost profits or damages incurred if the contract is not fulfilled
iDuidated amaes Are preestimated damages if certain events ere tooccur that are ritten into the contract under a Penalty 6lause
ltuantum Meruit hen services have been requested and performed but nooutside agreement as reached beteen the parties as to hat payment ouldbe provided in return for the services then the courts can aard the person ithas much as is reasonably deservedlt for time spent and materials supplied
Su1stantial Compliance hen a contractor has substantially complied iththe terms of a contract yet failed to comply ith some minor aspect of thecontract The contractor ill be paid the contract price minus the cost ofdamages caused by the minor problems
Specific Performance hen the courts require a party to perform a contractual
obligation li7e the sale of land or a personal item
Inunction A court order that prohibits or restrains a party from performing anactCHAPTER 9 Fundamental reac
Applies to a contract that contains an eemption clause amphere parties limit theirliability if a breach of contract results and ma7es the eemption ineffective
CHAPTER 8 Areement etampeen Client and Enineer
A contract beteen a client and an engineer must include all of the essentialcontract elements
The document ill not specify the degree of care that is required of the engineerin carrying out the services =ut the engineer is liable for incompetence
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carelessness or negligence that results in damages to the client and for notperforming ith an ordinary and reasonable degree of care and s7ill
CHAPTER Concurrent ia1ilit$ in Tort and Contract
+nless otherise stated in a contract the standard of care epected of anengineer doing a ob is the same standard of care by hich an engineer-sperformance is measured in tort
3or a breach of contract there is a limitation period of I years from date of thebreach in hich to press charges instead of hen it is discovered
n tort the limitation period in hich to press charges starts hen the damagesare first detected
CHAPTER 3 Ar1itration and AR
A lasuit is not alays the best ay to resolve a dispute beteen contractingparties especially technical disputes
Ar1itration or Alternati4e ispute Resolution +AR- t is less costly and lesspublic than litigation
An engineer that is an arbitrator is epected to act impartially and independentlyof the parties to the dispute
The Arbitration Act deals ith the appointment of an arbitrator and sets out astructure or set of rules to govern the conduct of an arbitration unless the partiesagree that some other structure or rules ill apply
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The Act also gives arbitrators the urisdiction to aard preudgment and post udgment interests ust li7e the courts have under the 6ourts of 4ustice Act
Partnerin intended to respond to the need for improved attitudes amongstindustry participants to the importance of teamor7 on proects
This cooperative attitude should assist in resolving proect disputes at an earlystage
) TGAT) and A=TAT) result in a 4+G(E)T TgtAT $=))G
Proect Neutral (proGect manaement oerie) The companies appoint a
proect neutral usually an independent professional eperienced in the industryto be aare of developments on the proect ith a vie to offering unbiasedadvice and decisions
Mediation esolving disputes through the negotiating process involving amediator ho is to provide guidance and to facilitate the settlement process agobeteenlt in communicating proposed settlements
There is no udgmentL the parties need to or7 out their differences
CHAPTER BB Industrial Propert$
Industrial Propert$ Rits ights that generally relate to patents trademar7scopyrights and industrial design
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ECEENCE
A shared commitment ith your peers to strive for ecellence
ETHICS
Ethics deals ith voluntary actions ta7en by an individual ith sufficient7noledge of options available
The COE OF ETHICS shapes the practice in to important aysbull provides a commonest of values hich offers a reliable professional
product to the public
bull professional relationship of trust ith the public is fundamental
APE$$A COE OF ETHICS
Professional Engineers shall recognize that professional ethics is founded uponintegrity competence dignity and devotion to service
8 P En sall old paramount7 te ealt7 safet$ and ampelfare of te pu1lic and en4ironment
bull They have an obligation to report conditions hich present an
immediate threat to safety health elfare or the environment
bull t should first be reported to the professionals involved then to
corporate or regulatory authorities
PEn sall undertae onl$ ampor tat te$ are competent to perform 1$teir trainin and eperience
bull Professional members should ensure to the best of their ability thatstatements on engineering matters attributed to them properly reflecttheir professional opinion
Stampin and Sinin ocuments8
bull Professionals shall only stamp and sign documents that they haveprepared or that have been prepared under their direct supervision andcontrol
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bull hen or7 is prepared by others they shall only stamp and sign afterhaving thoroughly revieed the or7 and accepted responsibility for it
bull Engineers ho apply their seals or stamps to reports plans or otherdocuments are stating that they understand and are in agreement ith
these documents
bull The absence of a seal or stamp does not necessarily indicate that aprofessional member has not revieed the document not does itrelieve the member from professional or legal responsibility if it can beshon that he or she as involved ith the or7
B P En sall conduct temsel4es ampit interit$7 onest$7 fairness ando1ecti4it$ in teir professional acti4ities
bull A client-s or employer-s interests should be held in high regard gtoeverthe folloing duties ta7e precedencelt
o duty to protect public safety
o duty to the professions under the 6ode of Ethics
o duty to act fairly to all parties hen administering a contract on
behalf of a client or employer
bull Professionals should 7eep confidential all information that is acquired inthe course of their professional duties and that concerns the businessaffairs of present or past clientsemployees
gt PEn sall compl$ ampit applica1le statutes7 reulations and 1$laamps inteir professional practice
bull Professionals should maintain adequate 7noledge of the la relating totheir area of practice
bull esponsible n4ironmntal mana+mnt comutr softar anddiscrimination are a fe of the subects covered under this ule
PEn sall upold and enance te onor7 dinit$7 and reputation of teir professions7 and te a1ilit$ to ser4e te pu1lic interest
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bull Advertisements proposals and presentations should be factual clearand dignified
bull A professional should be careful to give due credit to others
bull nly revie the or7 of another professional hen they have beeninformed unless there is a confidentiality agreement to the client
bull gtelp ET-s
APE$$A COE OF ETHICS
0 P Eng shall hold paramount the DealtD safet6 and elfare of tDe pulic and enironment
B PEng shall underta7e only or tDat tDe6 are competent to perform bytheir training and eperience
F P Eng shall conduct themselves ith interit6 Donest6 fairness and
oGectiit6 in their professional activities
K PEng shall compl6 itD applicale statutes reulations and 62las intheir professional practice
H PEng shall uphold and enhance the Donor dinit6 and reputation of their professions and the ability to sere tDe pulic interest
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COPRI$HTS
9RiDt to cop6
nly the oner of the or7 is alloed to reproduce the or7 or permit others tocopy it
Plaiarism is copying someone else-s or7 and claiming it as your on
Fair ealin +se or reproduction of or7 for private study research criticismrevie or nes reporting
Cop6riDts appl6 to8bull iterar$ ampors boo7s poems pamphlets computer programs
bull ramatic ampors films videos plays scripts
bull Musical ampors compositions ampords and music
bull Artistic ampors paintings draings maps photos sculptures architects
Also to8bull Performer(s performances actors musicians dancers
bull Communication Sinals broadcasters
bull Sound Recordins
6opyright is restricted to the epression in a fied manner amptet recordingdraing of an ideaL it does not etend to the idea itself
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3acts ideas and nes are all considered public property
6opyright does apply tobull $ong
bull )ovel
bull Playbull (agazine article
bull 6omputer program
bull ideo 6assettes (ovies
6opyright does NOT apply tobull $ong titlebull Plot ideabull Play of gtamletbull 3acts in an articlebull )ame of a computer programbull (a7ing a copy of a musical tape amproyalties have been paid already
bull 6opies for educational institutions ampcan 7eep radio and nes tapes for 0 year
bull )onprofit libraries archives and museumshen you create a or7 you automatically have copyright protection providedthat at the time of creation you ere a 6anadian 6itizen or a resident in a countrythat participates in 6opyright rules
Autorsip The person that creates the or7
Oampnersip f you are the creator of the or7 you on the copyright f you
create a or7 hile employed the copyright belongs to the employer ou canlegally transfer your rights to someone else then they on the copyright
uration 6opyright ampintellectual property lasts for the life of the author N H1years
Moral Rits Even if you sell your copyright you still retain moral rightsltThis means that no one including the person ho ons the copyright candistort mutilate or modify your or7 ampchange the ending use for a commercial etc
(oral rights eist for the same length as the copyrightou cannot sell or transfer your moral rights but you can aive them
RE$ISTRATION OF A COPRI$HT
ou do not have to register a copyright to have protection in 6anada
f you choose to register ith the copyright office you receive a certificate hichcan be used to your advantage if your or7 is infringed t is evidence that it is
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your or7 and you are the oner n a dispute you do not have to proveonership
ou send the application to the 6opyright office and you do not send your or7in ou may need to send a copy to the )ational ibrary of 6anada but the
6opyright office doesn-t revie your or7 at all
There is no requirement to mar7 your or7 under the 6opyright Act ou canmar7 it li7e this
)ame ear copy e 4ane oe 09I copy
ou can use this format even if you have not registered your or7
The 6opyright ffice is not responsible for ensuring that your copyright is notbeing infringedCCthis is your ob ou have to launch legal action yourself and
the courts are left to decide
Assinment As the oner you may decide i4e up part or all of $our rits toanother party The assignment may be for the hole term or for ust a certainpart of the term
icense ou as the oner give someone else permission to use your or7 forcertain purposes and under certain conditions but you still retain onership oudo not i4e up $our rits
Ro$alties (oney paid to the copyright oner as commission for sales of theiror7 or permission to use them
Tariffs $et fees that users must pay for using certain copyright material
Collecti4es an organization that collects royalties on behalf of its members
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TRAEMARampS
A trade2mar is a ord symbol or design to distinguish the products or servicesof an organization or person from others t can also represent a reputation
Ordinar$ Mars ords or symbols that distinguish your product or service ampe Giddy+p
Certification Mars identify ares or services that meet a defined standardThey are oned by one person but licensed to others to identify ares orservices hich meet a defined standard ampe oolmar7 APEGGA seal
istinuisin uise identifies the unique shape of a product or its pac7ageampe eggs Egg
A trade name is the name under hich you conduct your business The tradename can be registered under the Trade(ar7s Act only if it is also used as aTrademar7 ampto identify products or services
RE$ISTERIN$ A TRAE2MARamp
The Reistered Trade2Mar is one that is entered on the Trademar7s registerou are not required to register your trademar7 if you use it for a certain lengthof time you can establish onership by 6ommon a
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bull egistration of your trademar7 gives you the eclusive right to use the mar7across Canada for 8 $ears then you have to rene it
bull t is recommended that you register your Trade(ar7 in case someone elsetries to use it
bull f you fail to use the mar7 for an etended period your registration may becancelled
bull ou can register a trademar7 by filing an application for registration ith theTrademar7s ffice our trade2mar must e used in Canada efore itcan e reistered+
RE$ISTRATION QALIFICATIONS
bull 6annot be primarily your full name or surname ampunless you can prove it is already
identified
bull ou may not register a ord that clearly describes a feature of the product orservice ampseet uicy
bull The ord cannot be clearly misleading ampdeceptively misdescriptive ampe sugarseet if it has no sugar
bull ou may not register a ord that clearly designates the place of origin of theproduct or service or if it misleads the public into thin7ing that the productcomes from there ampParis 3ashions Atlantic 6od but you can use )orth Pole =ananasbecause no one ould epect them to come from there
bull ou can use a disclaimer statement indicating that you are not claimingeclusive rights for certain ords appearing in the trademar7 n this ayyou can use clearly descriptive ords hich are unregisterable on their onampce 6ream in =ob-s ce 6ream
bull )ames of products in other languages cannot be registered ampurstlt is Germanfor sausage
bull 6annot be registered if it consists or a plant variety denomination
bull ou cannot use ords symbols sounds or ideas that are confusingly similar
to a registered trademar7 or a pending mar7 amp2ing og 3ood and 2ing 6at 3oodould be refused
bull ou cannot register a trademar7 that resembles certain official symbolsunless you have the consent of the authority in question
o fficial government symbols
o 3amily coats of arms
o =adges and crests or 6(P
o Emblems and names of ed 6ross or +)
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o 3lags of other countries
o $ymbols of provinces
=efore you try to register your trademar7 do a search and include trade namesas ell
After you have a registered trademar7 to 7eep it you mustLbull Pay the registration fees every 0H years
bull +se the trademar7 in 6anada or it ill be epunged
Assinment to sell or transfer your rights to a trademar7 to another party
Marin ReDuirements The Trade(ar7s Act does )T have anyrequirements but many oners indicate their registration through the folloingmar7s
983214 O registered trademar7
991522 O trademar7$( O service mar7
The Trade(ar7 ffice ill prevent anyone else from registering your trademar7but it is your responsibility to monitor the mar7etplace and ta7e legal action ifsomeone is using your trademar7
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PATENTS
A patent is
bull A document protecting the rights of the inventor
bull A repository of useful technical information for the public
The idea is to promote the sharing of technological information hile giving you amonopoly on your creation
ith a patent the government gives the inventor the right to eclude others fromma7ing or selling your invention
The invention is protected from the day the patent is granted to a maimum of =6ears after the day you filed your application
The Patent ffice then epects you to provide a full description of your inventionso that all 6anadians can benefit from this technology They allo your
application to be open gt montDs from the filing date during the con4ention priorit$ date
Patent applications are made pulic gt montDs after the 6anadian 3iling ate
ou must obtain a valid patent ithin 8 $ear of main te product pu1lic
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A 6anadian patent is only etended throughout 6anada ou must apply forpatent rights in other countries separately
t is important to 7eep your invention secret until your first patent application isfiled in order to preserve your rights to file later in most foreign countries
3or an invention to be patented it must be
bull NO0ET= 3irst in the orld
bull )TIIT= 3unctional and operative
bull INGEN)IT= $ho inventive ingenuity and not be obvious to someones7illed in that area
The folloing items are patentable
bull Product ampdoor loc7
bull A composition ampchemical composition li7e lubricant
bull An apparatus ampmachine to ma7e door loc7s
bull A process ampmethod
bull An improvement on any of these
The idea alone is not patentable t must be reduced to something physical
ou CANNOT patentbull A scientific principle
bull An abstract theorem
bull An idea
bull A method of doing businessbull A computer program
bull A medical treatmentn 6anada patents are given to the first inventor to file an application
f you invent something hile or7ing for an employer on the employer-s timeith the employer-s materials at the epense of the employer the inventionrights still belong to you unless you have been hired by the company to inventpatentable inventions
PATENT APPLICATION
+ $et a Patent Aent
+ Preliminar6 SearcD
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bull ou can do a preliminary search in the online database or visit the Patentffice in person
0+ Preparin tDe Patent Application
bull A patent application must consist ofo a1stract ampbrief description
o specification ampclaims and boundaries of protection
o draampins
3+ File 6our Application4+ Reuest eBamination5+ EBaminer does searcD and approes or oGects+lt+ Respond to an6 oGectionsgt+ Patent ranted or oGected+
CONENTION PRIORIT
(any countries belong to the Paris 6onvention for the Protection of ndustrialProperty
This treaty allos you to invo7e convention prioritylt hich means that your filingdate in one member country ill be recognized by all others provided you file inthose countries ithin the first year
ampe if you file in 6anada in 4anuary B111 you could file up to one year later in most countriesamp4anuary B110 and still receive the same rights as if you filed in B111
PATENT COOPERATION TREAT (PCT)
t provides a standardized international filing procedure for foreign patents hichis shared by our principal trading partners including the +$ 4apan and mostEuropean countriesou may file for a patent in as many as 01I member countries through a singleapplication filed in 6anada
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INSTRIAL ESI$N
An Industrial esin is the features of shape configuration pattern or ornamentapplied to a finished article made by hand tool or machine ampappealing to the eye
There is no time limit for filing an application as long as the design has neverbeen published ampmade public to anyone
ou must file ithin 6ear of going public ith your design or you ill lose youreclusive rights to the design
The advantage of registering your industrial design is that it gives you eclusive
right to your design for up to = 6ears from tDe date of reistration
+nless you register your design you can ma7e no legal claim of onership andhave no legal protection from imitation
nly the proprietor ampcreator of the design may obtain registration unless youhave been hired to develop a design Then the hirer is the proprietor
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Trade Secret industrial 7noho or valuable information acquired by abusiness t could be a
bull formula
bull pattern
bull device
bull compilation of info used to give you an advantage over the competitors
ou cannot registerbull That don-t have visual appeal
bull 3eatures that are hidden from vie or too small to appeal to the eye
bull A method of construction
bull An idea
bull (aterials used in construction
bull 3unction of an article
bull 6olor
ESI$N RE$ISTRATION
The application ill includebull Application forms ampdescription
bull At least one draing or photograph
bull 3ees
The process ill include
bull nitial processing
bull Eamination
bull egistration
ou do not have to mar7 your design in order to indicate that it is registered butmar7ing it gives you etra protection
As proprietor you may ta7e legal action against anyone ho infringes on yourdesign in 6anada but you must ta7e action ithin F years of the incident
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An 9assinment occurs hen you sell all or part of your rights in the designpermanently to another party
ou can 9license another user to allo someone else to use your design but
you still retain onership
To have your design protected in other countries you must apply separately ineach country
ou have 5 montDs to file for 9conention priorit6+ampe you apply to register in 6anada in 4anuary B111 then you have until 4uly B111 to file in other 6onvention countries and receive the same rights as if it ere 4anuary B111
LA FOR PROFESSIONAL EN$INEERS OOamp
CHAPTER 8 Te Canadian eal S$stem
The legal system of 6anada is based on the English common2lalt system andthe English courts of euit6lt system ampudgemade la and is calledCOMMON2LAlt
The 3ederal 6ourt of 6anada has urisdiction over federal matters such aspatents trademar7s and copyrights
Pu1lic aamp deals ith the rights and obligations of government ampcriminal and6onstitutional la
Pri4ate aamp deals ith the rights and obligations of individuals or private organizations ampCONTRACT AN TORT LA
Termsbull itigation lasuit
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bull Plaintiff party bringing the actionbull efendant party defending the actionbull Appellant party appealing the decisionbull espondent party see7ing to uphold a decisionbull Privity of contract legal relationship beteen parties to a contract
bull 6reditor party to hom an amount is oingbull ebtor party that oes an amount to creditor bull $uarantee A guarantees = the debt of 6omp amphen = doesn-t get paid
= goes to 6omp first then to A
bull Indemnification a promise to directly compensate or reimburseanother party for a loss or cost incurred f Aindemnifies = the debt of 6omp amphen = doesn-t get paid =goes directly to A
CHAPTER usiness Oraniations
Sole Proprietorsip an individual carries on business by and for himself andalso enoys the profits and incurs any losses personally
Partnersip an association of persons ho conduct business in common ith avie to profit ndividuals or organizations share profits and losses
Corporation an entity unto itself distinct from its oners ampfictitious personThe corporation itself ons its assets and incurs its on liabilities
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CHAPTER B International Considerations
t is etremely important to obtain advice from an appropriately eperiencedlayer in the foreign country or have the advice of a consultant in that countryt is ise to purchase political ris7 insurance and to use careful udgment together ith a local influential partner
$ome potential ris7s of or7ing internationally are
bull Political Ris is one of the more obvious ris7 factors in or7inginternationally The 6hanges in government can lead to significant policychanges
bull Licensin reuirements and obtaining necessary permits and approvalsin a foreign country under different legal systems can be timeconsuming
bull Financial Riss due to currency echange and controls or restrictions onthe transfer of funds out of the country
bull Contract documents and forms used on proects may be different
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CHAPTER gt Tort ia1ilit$
Tort8 generally refers to a private or civil rong or inury one that involvesnegligence and that may arise independently of contract ampcar driver and victim
amphich includes financial loss hen based on a professional-s opinion
The fundamental purpose of tort la is to compensate ictims of tortsPunishment of negligent rongdoers IS NOT a purpose of tort la
Professional liability insurance should provide protection if an engineer-snegligence results in damage arising in tort
n order to satisfy the courts that compensation should be made the plaintiff in atort action must prove that
bull The defendant oed the plaintiff a duty of care
bull The defendant breached that duty by his conduct
bull The defendant-s conduct caused the inury to the plaintiff
f any 0 of these F aspects is not proven to the satisfaction of the courts theplaintiff ill not in
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A significant factor in a tort action is the establishment of the standard of carerequired of the defendant
The standard is applied based on the premise that engineers have a duty to use
the reasonable care and s7ill of engineers of ordinary competence Thereasonable carelt is measured by applicable professional standards of theengineering profession at the time the services ere performed
Strict ia1ilit$ manufacturers and employers are held strictly liable hen faultis not necessary if compensation is to be provided ampnot yet upheld in 6anadaampe All employees ma7e contributions on behalf of employees and if someone is inuredcompensation is provided ith no finding of faultampe A manufacturer may be strictl6 lialelt if for any damages that result from the use of theirproduct
0icarious ia1ilit$ The employer is responsible for damaged caused by its
employees The employer provides compensation because it is presumed thatthe employer is in a better financial position than the employee
Concurrent Tortfeasors hen more than one party is liable in a tort actionThe defendant-s together are called concurrent tortfeasors
Products ia1ilit$ The plaintiff must be able to establish that damage hasclearly resulted from appropriate use of a product and the defendantmanufacturer must then persuade the court that at the time the manufacturercould not have foreseen the defective nature of the goods manufactured6anada has not yet ta7en a strict liability approach on products as the +$ has
Products liability has developed through principles of both contract la and tortla The tort concept of fault has been applied and implied contractualarranties that the product is effective and the contract of a sale must also eist
n productsliability matters economic losses ampin the absence of physical inurymay in some circumstances be recoverable
Standards of Care and ut$ to 5arn A manufacturer must arn theconsumer of any dangerous potential of the product by appropriate labeling
Oter Tortsbull Tort of defamation8 ampif the statements that damage the reputation are true there is
no liability
o ibel D in riting
o $lander D verbal
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bull Occupiers Liailit68 The occupier of a property must eercise therequired standard of care to ensure the safety of individuals coming ontothat property
bull Tort of Nuisance8 esigned to alleviate undue interference ith the
comfortable and convenient enoyment of the plaintiff-s landampe insecticide spray drifting onto other land
CHAPTER Proof
The burden of proof is on the plaintiff to prove the case against the defendant
Engineers often find themselves ma7ing appearances as eBpert itnesses incourt
The epert is permitted to epress opinions ith respect to his or her area ofepertise and the itness should be cautious and restrict testimony to such
area
ou ill be hired by one side and crosseamined by counsel from the otherparty
Preparation is of the utmost importance in litigation The epert itness shouldclearly understand the issues in the lasuit and be aare of the scope ofquestions that can be reasonably epected
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CHAPTER 28 Contracts
3or a contract to be binding and enforceable the folloing elements must bepresent
bull An offer made and accepted
bull (utual intent to enter into the contract
bull 6onsideration or offer ampan echange of promises each promise representing
something of valueCpayment of money is not essential
bull 6apacity to contract ampcan-t be a minor drun7 or crazyCenforceable by the drun7 if
the other party 7ne they ere intoicatedbull aful purpose 6ontract on-t be enforced if it is unlaful
An offer is a promise made by one person to another
)ot all contracts are in riting
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+ntil it is accepted the offer may be ithdran by the offeror unless it is madeepressly irrevocable by its terms
Irre4oca1le Offers =idders submit offers or tenders that have been madeirrevocable for a specific period of time At any point during that period the offer
may be accepted and a contract ill be formed
Option Contract This contract is another means of 7eeping an offer open for acertain period of timeampe The party purchasing the option may ant do eploration or7 for a period of time beforedeciding to spend a large sum of money on the property
EDuita1le Estoppel A udge can stoplt the strict terms of a contract from beingfolloed if it is proven that the terms had changed outside of the agreementampoften used hen etensions to deadlines are agreed upon and then the person tried to go bac7to the original ritten contract
Pursuant to contract la consideration ampor a seal must be present in order toma7e a change to a contract enforceable D otherise it is ust a promise not laThe courts protect the person in the situation here a promise is ta7en as fullagreement
Statute of Frauds Ensures that certain types of contracts must be in riting tobe enforceable
Rectification This order can be applied for to rectify a contract because of asecretarial or recording mista7e
)nilateral Mistae A mista7e made by only one party to a contract 6ourts illdecide hether a contractor ill be relieved of their mista7e
CHAPTER 8 Tenderin Issues Contract A
a of tendering in 6anada gives the principle that there are B separatecontracts that arise in the tendering process
0 Contract A D the contract of irrevocability ampthat deals ith the tenderingphase
B Contract D the construction contract ampapplies to the construction phase
The number of number of tenders submitted is the number of 6ontract A-s thatare formed
The original tender pac7age contents cannot be changed ithout notifyingeveryone or you are in =reach of 6ontract A
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CHAPTER 82 Contract Interpretation
Parties to a contract sometimes dispute the meaning of part of the contract Todifferent approaches can be ta7en hen interpreting contracts
bull i1eral Approac ta7es into account the intent of the parties and maylead to speculation on that intent
bull Strict Approac focuses on the precise ords in the agreement andmay rely on dictionary meanings
Contra Preferentem hen a contract is ambiguous or unclear it ill beinterpreted against the person that rote it up
Parol E4idence Rule hen verbal agreements outside of the ritten contractare included as rule in a contract n most cases if a condition is agreed uponverbally but is not included in the contract then the condition is not part of thecontract
Implied Terms hen the inclusion of obvious terms of a contract have beenoverloo7ed here it is reasonable implied terms may eist in a contract
CHAPTER 83 iscare of Contracts
There are several ays to discharge a contract
bull Performance hen all parties have completed their respectiveobligations the contract is at an end
bull Areement to iscare Parties in a contract are alays free to amend
the contract or agree to cancel or terminate the contract upon mutuallyagreed terms
bull iscare Pursuant to Epress Terms t is advised to include in acontract terms here all parties may terminate the contract if certainoutside events ere to occur ampe ban7ruptcy
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bull iscare 1$ Frustration hen changing unforeseeablecircumstances occur that may radically change the obligations of theparties
o Force Maeure Provides that the time for completion ill beetended in the event of ar riot flood labor dispute or other
events that are beyond the control of both parties
bull iscare 1$ reac of Contract ne party fail to perform obligations
o iscare 1$ Repudiation hen the party to a contract
epressly tells the other party that they have no intention ofperforming contractual obligations
CHAPTER 86 reac of Contract
f a party to a contract fails to perform obligations specified in the contract thenthat party has breached the contract
The innocent party is entitled to certain remedies depending on the nature of thebreach and the terms of the contract
Condition an obligation that is essential or vital to the contract5arrant$ an obligation that is NOT essential or vital to the contract
A =reach of 6ontract is a cause for discharge only if its effect is to render itpurposeless for the innocent party to proceed further ith performance
Repudiation hen the party to a contract epressly tells the other party thatthey have no intention of performing contractual obligations
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REMIIES
A nondefaulting party is entitled to damages for losses incurred as a result of abreach of contract
irect amaes Actual calculated difference in the cost of having to chooseone service over the other ampthe loest bid is chosen and then they refuse to do the or7so the second loest bid is chosen and the party sues for the monetary difference beteen theloest and second loest bid
Indirect amaes Are consequential to the breach and might include damagesfor lost profits or damages incurred if the contract is not fulfilled
iDuidated amaes Are preestimated damages if certain events ere tooccur that are ritten into the contract under a Penalty 6lause
ltuantum Meruit hen services have been requested and performed but nooutside agreement as reached beteen the parties as to hat payment ouldbe provided in return for the services then the courts can aard the person ithas much as is reasonably deservedlt for time spent and materials supplied
Su1stantial Compliance hen a contractor has substantially complied iththe terms of a contract yet failed to comply ith some minor aspect of thecontract The contractor ill be paid the contract price minus the cost ofdamages caused by the minor problems
Specific Performance hen the courts require a party to perform a contractual
obligation li7e the sale of land or a personal item
Inunction A court order that prohibits or restrains a party from performing anactCHAPTER 9 Fundamental reac
Applies to a contract that contains an eemption clause amphere parties limit theirliability if a breach of contract results and ma7es the eemption ineffective
CHAPTER 8 Areement etampeen Client and Enineer
A contract beteen a client and an engineer must include all of the essentialcontract elements
The document ill not specify the degree of care that is required of the engineerin carrying out the services =ut the engineer is liable for incompetence
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carelessness or negligence that results in damages to the client and for notperforming ith an ordinary and reasonable degree of care and s7ill
CHAPTER Concurrent ia1ilit$ in Tort and Contract
+nless otherise stated in a contract the standard of care epected of anengineer doing a ob is the same standard of care by hich an engineer-sperformance is measured in tort
3or a breach of contract there is a limitation period of I years from date of thebreach in hich to press charges instead of hen it is discovered
n tort the limitation period in hich to press charges starts hen the damagesare first detected
CHAPTER 3 Ar1itration and AR
A lasuit is not alays the best ay to resolve a dispute beteen contractingparties especially technical disputes
Ar1itration or Alternati4e ispute Resolution +AR- t is less costly and lesspublic than litigation
An engineer that is an arbitrator is epected to act impartially and independentlyof the parties to the dispute
The Arbitration Act deals ith the appointment of an arbitrator and sets out astructure or set of rules to govern the conduct of an arbitration unless the partiesagree that some other structure or rules ill apply
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The Act also gives arbitrators the urisdiction to aard preudgment and post udgment interests ust li7e the courts have under the 6ourts of 4ustice Act
Partnerin intended to respond to the need for improved attitudes amongstindustry participants to the importance of teamor7 on proects
This cooperative attitude should assist in resolving proect disputes at an earlystage
) TGAT) and A=TAT) result in a 4+G(E)T TgtAT $=))G
Proect Neutral (proGect manaement oerie) The companies appoint a
proect neutral usually an independent professional eperienced in the industryto be aare of developments on the proect ith a vie to offering unbiasedadvice and decisions
Mediation esolving disputes through the negotiating process involving amediator ho is to provide guidance and to facilitate the settlement process agobeteenlt in communicating proposed settlements
There is no udgmentL the parties need to or7 out their differences
CHAPTER BB Industrial Propert$
Industrial Propert$ Rits ights that generally relate to patents trademar7scopyrights and industrial design
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bull hen or7 is prepared by others they shall only stamp and sign afterhaving thoroughly revieed the or7 and accepted responsibility for it
bull Engineers ho apply their seals or stamps to reports plans or otherdocuments are stating that they understand and are in agreement ith
these documents
bull The absence of a seal or stamp does not necessarily indicate that aprofessional member has not revieed the document not does itrelieve the member from professional or legal responsibility if it can beshon that he or she as involved ith the or7
B P En sall conduct temsel4es ampit interit$7 onest$7 fairness ando1ecti4it$ in teir professional acti4ities
bull A client-s or employer-s interests should be held in high regard gtoeverthe folloing duties ta7e precedencelt
o duty to protect public safety
o duty to the professions under the 6ode of Ethics
o duty to act fairly to all parties hen administering a contract on
behalf of a client or employer
bull Professionals should 7eep confidential all information that is acquired inthe course of their professional duties and that concerns the businessaffairs of present or past clientsemployees
gt PEn sall compl$ ampit applica1le statutes7 reulations and 1$laamps inteir professional practice
bull Professionals should maintain adequate 7noledge of the la relating totheir area of practice
bull esponsible n4ironmntal mana+mnt comutr softar anddiscrimination are a fe of the subects covered under this ule
PEn sall upold and enance te onor7 dinit$7 and reputation of teir professions7 and te a1ilit$ to ser4e te pu1lic interest
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bull Advertisements proposals and presentations should be factual clearand dignified
bull A professional should be careful to give due credit to others
bull nly revie the or7 of another professional hen they have beeninformed unless there is a confidentiality agreement to the client
bull gtelp ET-s
APE$$A COE OF ETHICS
0 P Eng shall hold paramount the DealtD safet6 and elfare of tDe pulic and enironment
B PEng shall underta7e only or tDat tDe6 are competent to perform bytheir training and eperience
F P Eng shall conduct themselves ith interit6 Donest6 fairness and
oGectiit6 in their professional activities
K PEng shall compl6 itD applicale statutes reulations and 62las intheir professional practice
H PEng shall uphold and enhance the Donor dinit6 and reputation of their professions and the ability to sere tDe pulic interest
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COPRI$HTS
9RiDt to cop6
nly the oner of the or7 is alloed to reproduce the or7 or permit others tocopy it
Plaiarism is copying someone else-s or7 and claiming it as your on
Fair ealin +se or reproduction of or7 for private study research criticismrevie or nes reporting
Cop6riDts appl6 to8bull iterar$ ampors boo7s poems pamphlets computer programs
bull ramatic ampors films videos plays scripts
bull Musical ampors compositions ampords and music
bull Artistic ampors paintings draings maps photos sculptures architects
Also to8bull Performer(s performances actors musicians dancers
bull Communication Sinals broadcasters
bull Sound Recordins
6opyright is restricted to the epression in a fied manner amptet recordingdraing of an ideaL it does not etend to the idea itself
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3acts ideas and nes are all considered public property
6opyright does apply tobull $ong
bull )ovel
bull Playbull (agazine article
bull 6omputer program
bull ideo 6assettes (ovies
6opyright does NOT apply tobull $ong titlebull Plot ideabull Play of gtamletbull 3acts in an articlebull )ame of a computer programbull (a7ing a copy of a musical tape amproyalties have been paid already
bull 6opies for educational institutions ampcan 7eep radio and nes tapes for 0 year
bull )onprofit libraries archives and museumshen you create a or7 you automatically have copyright protection providedthat at the time of creation you ere a 6anadian 6itizen or a resident in a countrythat participates in 6opyright rules
Autorsip The person that creates the or7
Oampnersip f you are the creator of the or7 you on the copyright f you
create a or7 hile employed the copyright belongs to the employer ou canlegally transfer your rights to someone else then they on the copyright
uration 6opyright ampintellectual property lasts for the life of the author N H1years
Moral Rits Even if you sell your copyright you still retain moral rightsltThis means that no one including the person ho ons the copyright candistort mutilate or modify your or7 ampchange the ending use for a commercial etc
(oral rights eist for the same length as the copyrightou cannot sell or transfer your moral rights but you can aive them
RE$ISTRATION OF A COPRI$HT
ou do not have to register a copyright to have protection in 6anada
f you choose to register ith the copyright office you receive a certificate hichcan be used to your advantage if your or7 is infringed t is evidence that it is
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your or7 and you are the oner n a dispute you do not have to proveonership
ou send the application to the 6opyright office and you do not send your or7in ou may need to send a copy to the )ational ibrary of 6anada but the
6opyright office doesn-t revie your or7 at all
There is no requirement to mar7 your or7 under the 6opyright Act ou canmar7 it li7e this
)ame ear copy e 4ane oe 09I copy
ou can use this format even if you have not registered your or7
The 6opyright ffice is not responsible for ensuring that your copyright is notbeing infringedCCthis is your ob ou have to launch legal action yourself and
the courts are left to decide
Assinment As the oner you may decide i4e up part or all of $our rits toanother party The assignment may be for the hole term or for ust a certainpart of the term
icense ou as the oner give someone else permission to use your or7 forcertain purposes and under certain conditions but you still retain onership oudo not i4e up $our rits
Ro$alties (oney paid to the copyright oner as commission for sales of theiror7 or permission to use them
Tariffs $et fees that users must pay for using certain copyright material
Collecti4es an organization that collects royalties on behalf of its members
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TRAEMARampS
A trade2mar is a ord symbol or design to distinguish the products or servicesof an organization or person from others t can also represent a reputation
Ordinar$ Mars ords or symbols that distinguish your product or service ampe Giddy+p
Certification Mars identify ares or services that meet a defined standardThey are oned by one person but licensed to others to identify ares orservices hich meet a defined standard ampe oolmar7 APEGGA seal
istinuisin uise identifies the unique shape of a product or its pac7ageampe eggs Egg
A trade name is the name under hich you conduct your business The tradename can be registered under the Trade(ar7s Act only if it is also used as aTrademar7 ampto identify products or services
RE$ISTERIN$ A TRAE2MARamp
The Reistered Trade2Mar is one that is entered on the Trademar7s registerou are not required to register your trademar7 if you use it for a certain lengthof time you can establish onership by 6ommon a
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bull egistration of your trademar7 gives you the eclusive right to use the mar7across Canada for 8 $ears then you have to rene it
bull t is recommended that you register your Trade(ar7 in case someone elsetries to use it
bull f you fail to use the mar7 for an etended period your registration may becancelled
bull ou can register a trademar7 by filing an application for registration ith theTrademar7s ffice our trade2mar must e used in Canada efore itcan e reistered+
RE$ISTRATION QALIFICATIONS
bull 6annot be primarily your full name or surname ampunless you can prove it is already
identified
bull ou may not register a ord that clearly describes a feature of the product orservice ampseet uicy
bull The ord cannot be clearly misleading ampdeceptively misdescriptive ampe sugarseet if it has no sugar
bull ou may not register a ord that clearly designates the place of origin of theproduct or service or if it misleads the public into thin7ing that the productcomes from there ampParis 3ashions Atlantic 6od but you can use )orth Pole =ananasbecause no one ould epect them to come from there
bull ou can use a disclaimer statement indicating that you are not claimingeclusive rights for certain ords appearing in the trademar7 n this ayyou can use clearly descriptive ords hich are unregisterable on their onampce 6ream in =ob-s ce 6ream
bull )ames of products in other languages cannot be registered ampurstlt is Germanfor sausage
bull 6annot be registered if it consists or a plant variety denomination
bull ou cannot use ords symbols sounds or ideas that are confusingly similar
to a registered trademar7 or a pending mar7 amp2ing og 3ood and 2ing 6at 3oodould be refused
bull ou cannot register a trademar7 that resembles certain official symbolsunless you have the consent of the authority in question
o fficial government symbols
o 3amily coats of arms
o =adges and crests or 6(P
o Emblems and names of ed 6ross or +)
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o 3lags of other countries
o $ymbols of provinces
=efore you try to register your trademar7 do a search and include trade namesas ell
After you have a registered trademar7 to 7eep it you mustLbull Pay the registration fees every 0H years
bull +se the trademar7 in 6anada or it ill be epunged
Assinment to sell or transfer your rights to a trademar7 to another party
Marin ReDuirements The Trade(ar7s Act does )T have anyrequirements but many oners indicate their registration through the folloingmar7s
983214 O registered trademar7
991522 O trademar7$( O service mar7
The Trade(ar7 ffice ill prevent anyone else from registering your trademar7but it is your responsibility to monitor the mar7etplace and ta7e legal action ifsomeone is using your trademar7
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PATENTS
A patent is
bull A document protecting the rights of the inventor
bull A repository of useful technical information for the public
The idea is to promote the sharing of technological information hile giving you amonopoly on your creation
ith a patent the government gives the inventor the right to eclude others fromma7ing or selling your invention
The invention is protected from the day the patent is granted to a maimum of =6ears after the day you filed your application
The Patent ffice then epects you to provide a full description of your inventionso that all 6anadians can benefit from this technology They allo your
application to be open gt montDs from the filing date during the con4ention priorit$ date
Patent applications are made pulic gt montDs after the 6anadian 3iling ate
ou must obtain a valid patent ithin 8 $ear of main te product pu1lic
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A 6anadian patent is only etended throughout 6anada ou must apply forpatent rights in other countries separately
t is important to 7eep your invention secret until your first patent application isfiled in order to preserve your rights to file later in most foreign countries
3or an invention to be patented it must be
bull NO0ET= 3irst in the orld
bull )TIIT= 3unctional and operative
bull INGEN)IT= $ho inventive ingenuity and not be obvious to someones7illed in that area
The folloing items are patentable
bull Product ampdoor loc7
bull A composition ampchemical composition li7e lubricant
bull An apparatus ampmachine to ma7e door loc7s
bull A process ampmethod
bull An improvement on any of these
The idea alone is not patentable t must be reduced to something physical
ou CANNOT patentbull A scientific principle
bull An abstract theorem
bull An idea
bull A method of doing businessbull A computer program
bull A medical treatmentn 6anada patents are given to the first inventor to file an application
f you invent something hile or7ing for an employer on the employer-s timeith the employer-s materials at the epense of the employer the inventionrights still belong to you unless you have been hired by the company to inventpatentable inventions
PATENT APPLICATION
+ $et a Patent Aent
+ Preliminar6 SearcD
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bull ou can do a preliminary search in the online database or visit the Patentffice in person
0+ Preparin tDe Patent Application
bull A patent application must consist ofo a1stract ampbrief description
o specification ampclaims and boundaries of protection
o draampins
3+ File 6our Application4+ Reuest eBamination5+ EBaminer does searcD and approes or oGects+lt+ Respond to an6 oGectionsgt+ Patent ranted or oGected+
CONENTION PRIORIT
(any countries belong to the Paris 6onvention for the Protection of ndustrialProperty
This treaty allos you to invo7e convention prioritylt hich means that your filingdate in one member country ill be recognized by all others provided you file inthose countries ithin the first year
ampe if you file in 6anada in 4anuary B111 you could file up to one year later in most countriesamp4anuary B110 and still receive the same rights as if you filed in B111
PATENT COOPERATION TREAT (PCT)
t provides a standardized international filing procedure for foreign patents hichis shared by our principal trading partners including the +$ 4apan and mostEuropean countriesou may file for a patent in as many as 01I member countries through a singleapplication filed in 6anada
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INSTRIAL ESI$N
An Industrial esin is the features of shape configuration pattern or ornamentapplied to a finished article made by hand tool or machine ampappealing to the eye
There is no time limit for filing an application as long as the design has neverbeen published ampmade public to anyone
ou must file ithin 6ear of going public ith your design or you ill lose youreclusive rights to the design
The advantage of registering your industrial design is that it gives you eclusive
right to your design for up to = 6ears from tDe date of reistration
+nless you register your design you can ma7e no legal claim of onership andhave no legal protection from imitation
nly the proprietor ampcreator of the design may obtain registration unless youhave been hired to develop a design Then the hirer is the proprietor
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Trade Secret industrial 7noho or valuable information acquired by abusiness t could be a
bull formula
bull pattern
bull device
bull compilation of info used to give you an advantage over the competitors
ou cannot registerbull That don-t have visual appeal
bull 3eatures that are hidden from vie or too small to appeal to the eye
bull A method of construction
bull An idea
bull (aterials used in construction
bull 3unction of an article
bull 6olor
ESI$N RE$ISTRATION
The application ill includebull Application forms ampdescription
bull At least one draing or photograph
bull 3ees
The process ill include
bull nitial processing
bull Eamination
bull egistration
ou do not have to mar7 your design in order to indicate that it is registered butmar7ing it gives you etra protection
As proprietor you may ta7e legal action against anyone ho infringes on yourdesign in 6anada but you must ta7e action ithin F years of the incident
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An 9assinment occurs hen you sell all or part of your rights in the designpermanently to another party
ou can 9license another user to allo someone else to use your design but
you still retain onership
To have your design protected in other countries you must apply separately ineach country
ou have 5 montDs to file for 9conention priorit6+ampe you apply to register in 6anada in 4anuary B111 then you have until 4uly B111 to file in other 6onvention countries and receive the same rights as if it ere 4anuary B111
LA FOR PROFESSIONAL EN$INEERS OOamp
CHAPTER 8 Te Canadian eal S$stem
The legal system of 6anada is based on the English common2lalt system andthe English courts of euit6lt system ampudgemade la and is calledCOMMON2LAlt
The 3ederal 6ourt of 6anada has urisdiction over federal matters such aspatents trademar7s and copyrights
Pu1lic aamp deals ith the rights and obligations of government ampcriminal and6onstitutional la
Pri4ate aamp deals ith the rights and obligations of individuals or private organizations ampCONTRACT AN TORT LA
Termsbull itigation lasuit
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bull Plaintiff party bringing the actionbull efendant party defending the actionbull Appellant party appealing the decisionbull espondent party see7ing to uphold a decisionbull Privity of contract legal relationship beteen parties to a contract
bull 6reditor party to hom an amount is oingbull ebtor party that oes an amount to creditor bull $uarantee A guarantees = the debt of 6omp amphen = doesn-t get paid
= goes to 6omp first then to A
bull Indemnification a promise to directly compensate or reimburseanother party for a loss or cost incurred f Aindemnifies = the debt of 6omp amphen = doesn-t get paid =goes directly to A
CHAPTER usiness Oraniations
Sole Proprietorsip an individual carries on business by and for himself andalso enoys the profits and incurs any losses personally
Partnersip an association of persons ho conduct business in common ith avie to profit ndividuals or organizations share profits and losses
Corporation an entity unto itself distinct from its oners ampfictitious personThe corporation itself ons its assets and incurs its on liabilities
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CHAPTER B International Considerations
t is etremely important to obtain advice from an appropriately eperiencedlayer in the foreign country or have the advice of a consultant in that countryt is ise to purchase political ris7 insurance and to use careful udgment together ith a local influential partner
$ome potential ris7s of or7ing internationally are
bull Political Ris is one of the more obvious ris7 factors in or7inginternationally The 6hanges in government can lead to significant policychanges
bull Licensin reuirements and obtaining necessary permits and approvalsin a foreign country under different legal systems can be timeconsuming
bull Financial Riss due to currency echange and controls or restrictions onthe transfer of funds out of the country
bull Contract documents and forms used on proects may be different
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CHAPTER gt Tort ia1ilit$
Tort8 generally refers to a private or civil rong or inury one that involvesnegligence and that may arise independently of contract ampcar driver and victim
amphich includes financial loss hen based on a professional-s opinion
The fundamental purpose of tort la is to compensate ictims of tortsPunishment of negligent rongdoers IS NOT a purpose of tort la
Professional liability insurance should provide protection if an engineer-snegligence results in damage arising in tort
n order to satisfy the courts that compensation should be made the plaintiff in atort action must prove that
bull The defendant oed the plaintiff a duty of care
bull The defendant breached that duty by his conduct
bull The defendant-s conduct caused the inury to the plaintiff
f any 0 of these F aspects is not proven to the satisfaction of the courts theplaintiff ill not in
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A significant factor in a tort action is the establishment of the standard of carerequired of the defendant
The standard is applied based on the premise that engineers have a duty to use
the reasonable care and s7ill of engineers of ordinary competence Thereasonable carelt is measured by applicable professional standards of theengineering profession at the time the services ere performed
Strict ia1ilit$ manufacturers and employers are held strictly liable hen faultis not necessary if compensation is to be provided ampnot yet upheld in 6anadaampe All employees ma7e contributions on behalf of employees and if someone is inuredcompensation is provided ith no finding of faultampe A manufacturer may be strictl6 lialelt if for any damages that result from the use of theirproduct
0icarious ia1ilit$ The employer is responsible for damaged caused by its
employees The employer provides compensation because it is presumed thatthe employer is in a better financial position than the employee
Concurrent Tortfeasors hen more than one party is liable in a tort actionThe defendant-s together are called concurrent tortfeasors
Products ia1ilit$ The plaintiff must be able to establish that damage hasclearly resulted from appropriate use of a product and the defendantmanufacturer must then persuade the court that at the time the manufacturercould not have foreseen the defective nature of the goods manufactured6anada has not yet ta7en a strict liability approach on products as the +$ has
Products liability has developed through principles of both contract la and tortla The tort concept of fault has been applied and implied contractualarranties that the product is effective and the contract of a sale must also eist
n productsliability matters economic losses ampin the absence of physical inurymay in some circumstances be recoverable
Standards of Care and ut$ to 5arn A manufacturer must arn theconsumer of any dangerous potential of the product by appropriate labeling
Oter Tortsbull Tort of defamation8 ampif the statements that damage the reputation are true there is
no liability
o ibel D in riting
o $lander D verbal
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bull Occupiers Liailit68 The occupier of a property must eercise therequired standard of care to ensure the safety of individuals coming ontothat property
bull Tort of Nuisance8 esigned to alleviate undue interference ith the
comfortable and convenient enoyment of the plaintiff-s landampe insecticide spray drifting onto other land
CHAPTER Proof
The burden of proof is on the plaintiff to prove the case against the defendant
Engineers often find themselves ma7ing appearances as eBpert itnesses incourt
The epert is permitted to epress opinions ith respect to his or her area ofepertise and the itness should be cautious and restrict testimony to such
area
ou ill be hired by one side and crosseamined by counsel from the otherparty
Preparation is of the utmost importance in litigation The epert itness shouldclearly understand the issues in the lasuit and be aare of the scope ofquestions that can be reasonably epected
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CHAPTER 28 Contracts
3or a contract to be binding and enforceable the folloing elements must bepresent
bull An offer made and accepted
bull (utual intent to enter into the contract
bull 6onsideration or offer ampan echange of promises each promise representing
something of valueCpayment of money is not essential
bull 6apacity to contract ampcan-t be a minor drun7 or crazyCenforceable by the drun7 if
the other party 7ne they ere intoicatedbull aful purpose 6ontract on-t be enforced if it is unlaful
An offer is a promise made by one person to another
)ot all contracts are in riting
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+ntil it is accepted the offer may be ithdran by the offeror unless it is madeepressly irrevocable by its terms
Irre4oca1le Offers =idders submit offers or tenders that have been madeirrevocable for a specific period of time At any point during that period the offer
may be accepted and a contract ill be formed
Option Contract This contract is another means of 7eeping an offer open for acertain period of timeampe The party purchasing the option may ant do eploration or7 for a period of time beforedeciding to spend a large sum of money on the property
EDuita1le Estoppel A udge can stoplt the strict terms of a contract from beingfolloed if it is proven that the terms had changed outside of the agreementampoften used hen etensions to deadlines are agreed upon and then the person tried to go bac7to the original ritten contract
Pursuant to contract la consideration ampor a seal must be present in order toma7e a change to a contract enforceable D otherise it is ust a promise not laThe courts protect the person in the situation here a promise is ta7en as fullagreement
Statute of Frauds Ensures that certain types of contracts must be in riting tobe enforceable
Rectification This order can be applied for to rectify a contract because of asecretarial or recording mista7e
)nilateral Mistae A mista7e made by only one party to a contract 6ourts illdecide hether a contractor ill be relieved of their mista7e
CHAPTER 8 Tenderin Issues Contract A
a of tendering in 6anada gives the principle that there are B separatecontracts that arise in the tendering process
0 Contract A D the contract of irrevocability ampthat deals ith the tenderingphase
B Contract D the construction contract ampapplies to the construction phase
The number of number of tenders submitted is the number of 6ontract A-s thatare formed
The original tender pac7age contents cannot be changed ithout notifyingeveryone or you are in =reach of 6ontract A
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CHAPTER 82 Contract Interpretation
Parties to a contract sometimes dispute the meaning of part of the contract Todifferent approaches can be ta7en hen interpreting contracts
bull i1eral Approac ta7es into account the intent of the parties and maylead to speculation on that intent
bull Strict Approac focuses on the precise ords in the agreement andmay rely on dictionary meanings
Contra Preferentem hen a contract is ambiguous or unclear it ill beinterpreted against the person that rote it up
Parol E4idence Rule hen verbal agreements outside of the ritten contractare included as rule in a contract n most cases if a condition is agreed uponverbally but is not included in the contract then the condition is not part of thecontract
Implied Terms hen the inclusion of obvious terms of a contract have beenoverloo7ed here it is reasonable implied terms may eist in a contract
CHAPTER 83 iscare of Contracts
There are several ays to discharge a contract
bull Performance hen all parties have completed their respectiveobligations the contract is at an end
bull Areement to iscare Parties in a contract are alays free to amend
the contract or agree to cancel or terminate the contract upon mutuallyagreed terms
bull iscare Pursuant to Epress Terms t is advised to include in acontract terms here all parties may terminate the contract if certainoutside events ere to occur ampe ban7ruptcy
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bull iscare 1$ Frustration hen changing unforeseeablecircumstances occur that may radically change the obligations of theparties
o Force Maeure Provides that the time for completion ill beetended in the event of ar riot flood labor dispute or other
events that are beyond the control of both parties
bull iscare 1$ reac of Contract ne party fail to perform obligations
o iscare 1$ Repudiation hen the party to a contract
epressly tells the other party that they have no intention ofperforming contractual obligations
CHAPTER 86 reac of Contract
f a party to a contract fails to perform obligations specified in the contract thenthat party has breached the contract
The innocent party is entitled to certain remedies depending on the nature of thebreach and the terms of the contract
Condition an obligation that is essential or vital to the contract5arrant$ an obligation that is NOT essential or vital to the contract
A =reach of 6ontract is a cause for discharge only if its effect is to render itpurposeless for the innocent party to proceed further ith performance
Repudiation hen the party to a contract epressly tells the other party thatthey have no intention of performing contractual obligations
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REMIIES
A nondefaulting party is entitled to damages for losses incurred as a result of abreach of contract
irect amaes Actual calculated difference in the cost of having to chooseone service over the other ampthe loest bid is chosen and then they refuse to do the or7so the second loest bid is chosen and the party sues for the monetary difference beteen theloest and second loest bid
Indirect amaes Are consequential to the breach and might include damagesfor lost profits or damages incurred if the contract is not fulfilled
iDuidated amaes Are preestimated damages if certain events ere tooccur that are ritten into the contract under a Penalty 6lause
ltuantum Meruit hen services have been requested and performed but nooutside agreement as reached beteen the parties as to hat payment ouldbe provided in return for the services then the courts can aard the person ithas much as is reasonably deservedlt for time spent and materials supplied
Su1stantial Compliance hen a contractor has substantially complied iththe terms of a contract yet failed to comply ith some minor aspect of thecontract The contractor ill be paid the contract price minus the cost ofdamages caused by the minor problems
Specific Performance hen the courts require a party to perform a contractual
obligation li7e the sale of land or a personal item
Inunction A court order that prohibits or restrains a party from performing anactCHAPTER 9 Fundamental reac
Applies to a contract that contains an eemption clause amphere parties limit theirliability if a breach of contract results and ma7es the eemption ineffective
CHAPTER 8 Areement etampeen Client and Enineer
A contract beteen a client and an engineer must include all of the essentialcontract elements
The document ill not specify the degree of care that is required of the engineerin carrying out the services =ut the engineer is liable for incompetence
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carelessness or negligence that results in damages to the client and for notperforming ith an ordinary and reasonable degree of care and s7ill
CHAPTER Concurrent ia1ilit$ in Tort and Contract
+nless otherise stated in a contract the standard of care epected of anengineer doing a ob is the same standard of care by hich an engineer-sperformance is measured in tort
3or a breach of contract there is a limitation period of I years from date of thebreach in hich to press charges instead of hen it is discovered
n tort the limitation period in hich to press charges starts hen the damagesare first detected
CHAPTER 3 Ar1itration and AR
A lasuit is not alays the best ay to resolve a dispute beteen contractingparties especially technical disputes
Ar1itration or Alternati4e ispute Resolution +AR- t is less costly and lesspublic than litigation
An engineer that is an arbitrator is epected to act impartially and independentlyof the parties to the dispute
The Arbitration Act deals ith the appointment of an arbitrator and sets out astructure or set of rules to govern the conduct of an arbitration unless the partiesagree that some other structure or rules ill apply
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The Act also gives arbitrators the urisdiction to aard preudgment and post udgment interests ust li7e the courts have under the 6ourts of 4ustice Act
Partnerin intended to respond to the need for improved attitudes amongstindustry participants to the importance of teamor7 on proects
This cooperative attitude should assist in resolving proect disputes at an earlystage
) TGAT) and A=TAT) result in a 4+G(E)T TgtAT $=))G
Proect Neutral (proGect manaement oerie) The companies appoint a
proect neutral usually an independent professional eperienced in the industryto be aare of developments on the proect ith a vie to offering unbiasedadvice and decisions
Mediation esolving disputes through the negotiating process involving amediator ho is to provide guidance and to facilitate the settlement process agobeteenlt in communicating proposed settlements
There is no udgmentL the parties need to or7 out their differences
CHAPTER BB Industrial Propert$
Industrial Propert$ Rits ights that generally relate to patents trademar7scopyrights and industrial design
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bull Advertisements proposals and presentations should be factual clearand dignified
bull A professional should be careful to give due credit to others
bull nly revie the or7 of another professional hen they have beeninformed unless there is a confidentiality agreement to the client
bull gtelp ET-s
APE$$A COE OF ETHICS
0 P Eng shall hold paramount the DealtD safet6 and elfare of tDe pulic and enironment
B PEng shall underta7e only or tDat tDe6 are competent to perform bytheir training and eperience
F P Eng shall conduct themselves ith interit6 Donest6 fairness and
oGectiit6 in their professional activities
K PEng shall compl6 itD applicale statutes reulations and 62las intheir professional practice
H PEng shall uphold and enhance the Donor dinit6 and reputation of their professions and the ability to sere tDe pulic interest
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COPRI$HTS
9RiDt to cop6
nly the oner of the or7 is alloed to reproduce the or7 or permit others tocopy it
Plaiarism is copying someone else-s or7 and claiming it as your on
Fair ealin +se or reproduction of or7 for private study research criticismrevie or nes reporting
Cop6riDts appl6 to8bull iterar$ ampors boo7s poems pamphlets computer programs
bull ramatic ampors films videos plays scripts
bull Musical ampors compositions ampords and music
bull Artistic ampors paintings draings maps photos sculptures architects
Also to8bull Performer(s performances actors musicians dancers
bull Communication Sinals broadcasters
bull Sound Recordins
6opyright is restricted to the epression in a fied manner amptet recordingdraing of an ideaL it does not etend to the idea itself
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3acts ideas and nes are all considered public property
6opyright does apply tobull $ong
bull )ovel
bull Playbull (agazine article
bull 6omputer program
bull ideo 6assettes (ovies
6opyright does NOT apply tobull $ong titlebull Plot ideabull Play of gtamletbull 3acts in an articlebull )ame of a computer programbull (a7ing a copy of a musical tape amproyalties have been paid already
bull 6opies for educational institutions ampcan 7eep radio and nes tapes for 0 year
bull )onprofit libraries archives and museumshen you create a or7 you automatically have copyright protection providedthat at the time of creation you ere a 6anadian 6itizen or a resident in a countrythat participates in 6opyright rules
Autorsip The person that creates the or7
Oampnersip f you are the creator of the or7 you on the copyright f you
create a or7 hile employed the copyright belongs to the employer ou canlegally transfer your rights to someone else then they on the copyright
uration 6opyright ampintellectual property lasts for the life of the author N H1years
Moral Rits Even if you sell your copyright you still retain moral rightsltThis means that no one including the person ho ons the copyright candistort mutilate or modify your or7 ampchange the ending use for a commercial etc
(oral rights eist for the same length as the copyrightou cannot sell or transfer your moral rights but you can aive them
RE$ISTRATION OF A COPRI$HT
ou do not have to register a copyright to have protection in 6anada
f you choose to register ith the copyright office you receive a certificate hichcan be used to your advantage if your or7 is infringed t is evidence that it is
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your or7 and you are the oner n a dispute you do not have to proveonership
ou send the application to the 6opyright office and you do not send your or7in ou may need to send a copy to the )ational ibrary of 6anada but the
6opyright office doesn-t revie your or7 at all
There is no requirement to mar7 your or7 under the 6opyright Act ou canmar7 it li7e this
)ame ear copy e 4ane oe 09I copy
ou can use this format even if you have not registered your or7
The 6opyright ffice is not responsible for ensuring that your copyright is notbeing infringedCCthis is your ob ou have to launch legal action yourself and
the courts are left to decide
Assinment As the oner you may decide i4e up part or all of $our rits toanother party The assignment may be for the hole term or for ust a certainpart of the term
icense ou as the oner give someone else permission to use your or7 forcertain purposes and under certain conditions but you still retain onership oudo not i4e up $our rits
Ro$alties (oney paid to the copyright oner as commission for sales of theiror7 or permission to use them
Tariffs $et fees that users must pay for using certain copyright material
Collecti4es an organization that collects royalties on behalf of its members
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TRAEMARampS
A trade2mar is a ord symbol or design to distinguish the products or servicesof an organization or person from others t can also represent a reputation
Ordinar$ Mars ords or symbols that distinguish your product or service ampe Giddy+p
Certification Mars identify ares or services that meet a defined standardThey are oned by one person but licensed to others to identify ares orservices hich meet a defined standard ampe oolmar7 APEGGA seal
istinuisin uise identifies the unique shape of a product or its pac7ageampe eggs Egg
A trade name is the name under hich you conduct your business The tradename can be registered under the Trade(ar7s Act only if it is also used as aTrademar7 ampto identify products or services
RE$ISTERIN$ A TRAE2MARamp
The Reistered Trade2Mar is one that is entered on the Trademar7s registerou are not required to register your trademar7 if you use it for a certain lengthof time you can establish onership by 6ommon a
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bull egistration of your trademar7 gives you the eclusive right to use the mar7across Canada for 8 $ears then you have to rene it
bull t is recommended that you register your Trade(ar7 in case someone elsetries to use it
bull f you fail to use the mar7 for an etended period your registration may becancelled
bull ou can register a trademar7 by filing an application for registration ith theTrademar7s ffice our trade2mar must e used in Canada efore itcan e reistered+
RE$ISTRATION QALIFICATIONS
bull 6annot be primarily your full name or surname ampunless you can prove it is already
identified
bull ou may not register a ord that clearly describes a feature of the product orservice ampseet uicy
bull The ord cannot be clearly misleading ampdeceptively misdescriptive ampe sugarseet if it has no sugar
bull ou may not register a ord that clearly designates the place of origin of theproduct or service or if it misleads the public into thin7ing that the productcomes from there ampParis 3ashions Atlantic 6od but you can use )orth Pole =ananasbecause no one ould epect them to come from there
bull ou can use a disclaimer statement indicating that you are not claimingeclusive rights for certain ords appearing in the trademar7 n this ayyou can use clearly descriptive ords hich are unregisterable on their onampce 6ream in =ob-s ce 6ream
bull )ames of products in other languages cannot be registered ampurstlt is Germanfor sausage
bull 6annot be registered if it consists or a plant variety denomination
bull ou cannot use ords symbols sounds or ideas that are confusingly similar
to a registered trademar7 or a pending mar7 amp2ing og 3ood and 2ing 6at 3oodould be refused
bull ou cannot register a trademar7 that resembles certain official symbolsunless you have the consent of the authority in question
o fficial government symbols
o 3amily coats of arms
o =adges and crests or 6(P
o Emblems and names of ed 6ross or +)
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o 3lags of other countries
o $ymbols of provinces
=efore you try to register your trademar7 do a search and include trade namesas ell
After you have a registered trademar7 to 7eep it you mustLbull Pay the registration fees every 0H years
bull +se the trademar7 in 6anada or it ill be epunged
Assinment to sell or transfer your rights to a trademar7 to another party
Marin ReDuirements The Trade(ar7s Act does )T have anyrequirements but many oners indicate their registration through the folloingmar7s
983214 O registered trademar7
991522 O trademar7$( O service mar7
The Trade(ar7 ffice ill prevent anyone else from registering your trademar7but it is your responsibility to monitor the mar7etplace and ta7e legal action ifsomeone is using your trademar7
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PATENTS
A patent is
bull A document protecting the rights of the inventor
bull A repository of useful technical information for the public
The idea is to promote the sharing of technological information hile giving you amonopoly on your creation
ith a patent the government gives the inventor the right to eclude others fromma7ing or selling your invention
The invention is protected from the day the patent is granted to a maimum of =6ears after the day you filed your application
The Patent ffice then epects you to provide a full description of your inventionso that all 6anadians can benefit from this technology They allo your
application to be open gt montDs from the filing date during the con4ention priorit$ date
Patent applications are made pulic gt montDs after the 6anadian 3iling ate
ou must obtain a valid patent ithin 8 $ear of main te product pu1lic
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A 6anadian patent is only etended throughout 6anada ou must apply forpatent rights in other countries separately
t is important to 7eep your invention secret until your first patent application isfiled in order to preserve your rights to file later in most foreign countries
3or an invention to be patented it must be
bull NO0ET= 3irst in the orld
bull )TIIT= 3unctional and operative
bull INGEN)IT= $ho inventive ingenuity and not be obvious to someones7illed in that area
The folloing items are patentable
bull Product ampdoor loc7
bull A composition ampchemical composition li7e lubricant
bull An apparatus ampmachine to ma7e door loc7s
bull A process ampmethod
bull An improvement on any of these
The idea alone is not patentable t must be reduced to something physical
ou CANNOT patentbull A scientific principle
bull An abstract theorem
bull An idea
bull A method of doing businessbull A computer program
bull A medical treatmentn 6anada patents are given to the first inventor to file an application
f you invent something hile or7ing for an employer on the employer-s timeith the employer-s materials at the epense of the employer the inventionrights still belong to you unless you have been hired by the company to inventpatentable inventions
PATENT APPLICATION
+ $et a Patent Aent
+ Preliminar6 SearcD
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bull ou can do a preliminary search in the online database or visit the Patentffice in person
0+ Preparin tDe Patent Application
bull A patent application must consist ofo a1stract ampbrief description
o specification ampclaims and boundaries of protection
o draampins
3+ File 6our Application4+ Reuest eBamination5+ EBaminer does searcD and approes or oGects+lt+ Respond to an6 oGectionsgt+ Patent ranted or oGected+
CONENTION PRIORIT
(any countries belong to the Paris 6onvention for the Protection of ndustrialProperty
This treaty allos you to invo7e convention prioritylt hich means that your filingdate in one member country ill be recognized by all others provided you file inthose countries ithin the first year
ampe if you file in 6anada in 4anuary B111 you could file up to one year later in most countriesamp4anuary B110 and still receive the same rights as if you filed in B111
PATENT COOPERATION TREAT (PCT)
t provides a standardized international filing procedure for foreign patents hichis shared by our principal trading partners including the +$ 4apan and mostEuropean countriesou may file for a patent in as many as 01I member countries through a singleapplication filed in 6anada
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INSTRIAL ESI$N
An Industrial esin is the features of shape configuration pattern or ornamentapplied to a finished article made by hand tool or machine ampappealing to the eye
There is no time limit for filing an application as long as the design has neverbeen published ampmade public to anyone
ou must file ithin 6ear of going public ith your design or you ill lose youreclusive rights to the design
The advantage of registering your industrial design is that it gives you eclusive
right to your design for up to = 6ears from tDe date of reistration
+nless you register your design you can ma7e no legal claim of onership andhave no legal protection from imitation
nly the proprietor ampcreator of the design may obtain registration unless youhave been hired to develop a design Then the hirer is the proprietor
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Trade Secret industrial 7noho or valuable information acquired by abusiness t could be a
bull formula
bull pattern
bull device
bull compilation of info used to give you an advantage over the competitors
ou cannot registerbull That don-t have visual appeal
bull 3eatures that are hidden from vie or too small to appeal to the eye
bull A method of construction
bull An idea
bull (aterials used in construction
bull 3unction of an article
bull 6olor
ESI$N RE$ISTRATION
The application ill includebull Application forms ampdescription
bull At least one draing or photograph
bull 3ees
The process ill include
bull nitial processing
bull Eamination
bull egistration
ou do not have to mar7 your design in order to indicate that it is registered butmar7ing it gives you etra protection
As proprietor you may ta7e legal action against anyone ho infringes on yourdesign in 6anada but you must ta7e action ithin F years of the incident
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An 9assinment occurs hen you sell all or part of your rights in the designpermanently to another party
ou can 9license another user to allo someone else to use your design but
you still retain onership
To have your design protected in other countries you must apply separately ineach country
ou have 5 montDs to file for 9conention priorit6+ampe you apply to register in 6anada in 4anuary B111 then you have until 4uly B111 to file in other 6onvention countries and receive the same rights as if it ere 4anuary B111
LA FOR PROFESSIONAL EN$INEERS OOamp
CHAPTER 8 Te Canadian eal S$stem
The legal system of 6anada is based on the English common2lalt system andthe English courts of euit6lt system ampudgemade la and is calledCOMMON2LAlt
The 3ederal 6ourt of 6anada has urisdiction over federal matters such aspatents trademar7s and copyrights
Pu1lic aamp deals ith the rights and obligations of government ampcriminal and6onstitutional la
Pri4ate aamp deals ith the rights and obligations of individuals or private organizations ampCONTRACT AN TORT LA
Termsbull itigation lasuit
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bull Plaintiff party bringing the actionbull efendant party defending the actionbull Appellant party appealing the decisionbull espondent party see7ing to uphold a decisionbull Privity of contract legal relationship beteen parties to a contract
bull 6reditor party to hom an amount is oingbull ebtor party that oes an amount to creditor bull $uarantee A guarantees = the debt of 6omp amphen = doesn-t get paid
= goes to 6omp first then to A
bull Indemnification a promise to directly compensate or reimburseanother party for a loss or cost incurred f Aindemnifies = the debt of 6omp amphen = doesn-t get paid =goes directly to A
CHAPTER usiness Oraniations
Sole Proprietorsip an individual carries on business by and for himself andalso enoys the profits and incurs any losses personally
Partnersip an association of persons ho conduct business in common ith avie to profit ndividuals or organizations share profits and losses
Corporation an entity unto itself distinct from its oners ampfictitious personThe corporation itself ons its assets and incurs its on liabilities
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CHAPTER B International Considerations
t is etremely important to obtain advice from an appropriately eperiencedlayer in the foreign country or have the advice of a consultant in that countryt is ise to purchase political ris7 insurance and to use careful udgment together ith a local influential partner
$ome potential ris7s of or7ing internationally are
bull Political Ris is one of the more obvious ris7 factors in or7inginternationally The 6hanges in government can lead to significant policychanges
bull Licensin reuirements and obtaining necessary permits and approvalsin a foreign country under different legal systems can be timeconsuming
bull Financial Riss due to currency echange and controls or restrictions onthe transfer of funds out of the country
bull Contract documents and forms used on proects may be different
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CHAPTER gt Tort ia1ilit$
Tort8 generally refers to a private or civil rong or inury one that involvesnegligence and that may arise independently of contract ampcar driver and victim
amphich includes financial loss hen based on a professional-s opinion
The fundamental purpose of tort la is to compensate ictims of tortsPunishment of negligent rongdoers IS NOT a purpose of tort la
Professional liability insurance should provide protection if an engineer-snegligence results in damage arising in tort
n order to satisfy the courts that compensation should be made the plaintiff in atort action must prove that
bull The defendant oed the plaintiff a duty of care
bull The defendant breached that duty by his conduct
bull The defendant-s conduct caused the inury to the plaintiff
f any 0 of these F aspects is not proven to the satisfaction of the courts theplaintiff ill not in
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A significant factor in a tort action is the establishment of the standard of carerequired of the defendant
The standard is applied based on the premise that engineers have a duty to use
the reasonable care and s7ill of engineers of ordinary competence Thereasonable carelt is measured by applicable professional standards of theengineering profession at the time the services ere performed
Strict ia1ilit$ manufacturers and employers are held strictly liable hen faultis not necessary if compensation is to be provided ampnot yet upheld in 6anadaampe All employees ma7e contributions on behalf of employees and if someone is inuredcompensation is provided ith no finding of faultampe A manufacturer may be strictl6 lialelt if for any damages that result from the use of theirproduct
0icarious ia1ilit$ The employer is responsible for damaged caused by its
employees The employer provides compensation because it is presumed thatthe employer is in a better financial position than the employee
Concurrent Tortfeasors hen more than one party is liable in a tort actionThe defendant-s together are called concurrent tortfeasors
Products ia1ilit$ The plaintiff must be able to establish that damage hasclearly resulted from appropriate use of a product and the defendantmanufacturer must then persuade the court that at the time the manufacturercould not have foreseen the defective nature of the goods manufactured6anada has not yet ta7en a strict liability approach on products as the +$ has
Products liability has developed through principles of both contract la and tortla The tort concept of fault has been applied and implied contractualarranties that the product is effective and the contract of a sale must also eist
n productsliability matters economic losses ampin the absence of physical inurymay in some circumstances be recoverable
Standards of Care and ut$ to 5arn A manufacturer must arn theconsumer of any dangerous potential of the product by appropriate labeling
Oter Tortsbull Tort of defamation8 ampif the statements that damage the reputation are true there is
no liability
o ibel D in riting
o $lander D verbal
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bull Occupiers Liailit68 The occupier of a property must eercise therequired standard of care to ensure the safety of individuals coming ontothat property
bull Tort of Nuisance8 esigned to alleviate undue interference ith the
comfortable and convenient enoyment of the plaintiff-s landampe insecticide spray drifting onto other land
CHAPTER Proof
The burden of proof is on the plaintiff to prove the case against the defendant
Engineers often find themselves ma7ing appearances as eBpert itnesses incourt
The epert is permitted to epress opinions ith respect to his or her area ofepertise and the itness should be cautious and restrict testimony to such
area
ou ill be hired by one side and crosseamined by counsel from the otherparty
Preparation is of the utmost importance in litigation The epert itness shouldclearly understand the issues in the lasuit and be aare of the scope ofquestions that can be reasonably epected
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CHAPTER 28 Contracts
3or a contract to be binding and enforceable the folloing elements must bepresent
bull An offer made and accepted
bull (utual intent to enter into the contract
bull 6onsideration or offer ampan echange of promises each promise representing
something of valueCpayment of money is not essential
bull 6apacity to contract ampcan-t be a minor drun7 or crazyCenforceable by the drun7 if
the other party 7ne they ere intoicatedbull aful purpose 6ontract on-t be enforced if it is unlaful
An offer is a promise made by one person to another
)ot all contracts are in riting
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+ntil it is accepted the offer may be ithdran by the offeror unless it is madeepressly irrevocable by its terms
Irre4oca1le Offers =idders submit offers or tenders that have been madeirrevocable for a specific period of time At any point during that period the offer
may be accepted and a contract ill be formed
Option Contract This contract is another means of 7eeping an offer open for acertain period of timeampe The party purchasing the option may ant do eploration or7 for a period of time beforedeciding to spend a large sum of money on the property
EDuita1le Estoppel A udge can stoplt the strict terms of a contract from beingfolloed if it is proven that the terms had changed outside of the agreementampoften used hen etensions to deadlines are agreed upon and then the person tried to go bac7to the original ritten contract
Pursuant to contract la consideration ampor a seal must be present in order toma7e a change to a contract enforceable D otherise it is ust a promise not laThe courts protect the person in the situation here a promise is ta7en as fullagreement
Statute of Frauds Ensures that certain types of contracts must be in riting tobe enforceable
Rectification This order can be applied for to rectify a contract because of asecretarial or recording mista7e
)nilateral Mistae A mista7e made by only one party to a contract 6ourts illdecide hether a contractor ill be relieved of their mista7e
CHAPTER 8 Tenderin Issues Contract A
a of tendering in 6anada gives the principle that there are B separatecontracts that arise in the tendering process
0 Contract A D the contract of irrevocability ampthat deals ith the tenderingphase
B Contract D the construction contract ampapplies to the construction phase
The number of number of tenders submitted is the number of 6ontract A-s thatare formed
The original tender pac7age contents cannot be changed ithout notifyingeveryone or you are in =reach of 6ontract A
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CHAPTER 82 Contract Interpretation
Parties to a contract sometimes dispute the meaning of part of the contract Todifferent approaches can be ta7en hen interpreting contracts
bull i1eral Approac ta7es into account the intent of the parties and maylead to speculation on that intent
bull Strict Approac focuses on the precise ords in the agreement andmay rely on dictionary meanings
Contra Preferentem hen a contract is ambiguous or unclear it ill beinterpreted against the person that rote it up
Parol E4idence Rule hen verbal agreements outside of the ritten contractare included as rule in a contract n most cases if a condition is agreed uponverbally but is not included in the contract then the condition is not part of thecontract
Implied Terms hen the inclusion of obvious terms of a contract have beenoverloo7ed here it is reasonable implied terms may eist in a contract
CHAPTER 83 iscare of Contracts
There are several ays to discharge a contract
bull Performance hen all parties have completed their respectiveobligations the contract is at an end
bull Areement to iscare Parties in a contract are alays free to amend
the contract or agree to cancel or terminate the contract upon mutuallyagreed terms
bull iscare Pursuant to Epress Terms t is advised to include in acontract terms here all parties may terminate the contract if certainoutside events ere to occur ampe ban7ruptcy
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bull iscare 1$ Frustration hen changing unforeseeablecircumstances occur that may radically change the obligations of theparties
o Force Maeure Provides that the time for completion ill beetended in the event of ar riot flood labor dispute or other
events that are beyond the control of both parties
bull iscare 1$ reac of Contract ne party fail to perform obligations
o iscare 1$ Repudiation hen the party to a contract
epressly tells the other party that they have no intention ofperforming contractual obligations
CHAPTER 86 reac of Contract
f a party to a contract fails to perform obligations specified in the contract thenthat party has breached the contract
The innocent party is entitled to certain remedies depending on the nature of thebreach and the terms of the contract
Condition an obligation that is essential or vital to the contract5arrant$ an obligation that is NOT essential or vital to the contract
A =reach of 6ontract is a cause for discharge only if its effect is to render itpurposeless for the innocent party to proceed further ith performance
Repudiation hen the party to a contract epressly tells the other party thatthey have no intention of performing contractual obligations
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REMIIES
A nondefaulting party is entitled to damages for losses incurred as a result of abreach of contract
irect amaes Actual calculated difference in the cost of having to chooseone service over the other ampthe loest bid is chosen and then they refuse to do the or7so the second loest bid is chosen and the party sues for the monetary difference beteen theloest and second loest bid
Indirect amaes Are consequential to the breach and might include damagesfor lost profits or damages incurred if the contract is not fulfilled
iDuidated amaes Are preestimated damages if certain events ere tooccur that are ritten into the contract under a Penalty 6lause
ltuantum Meruit hen services have been requested and performed but nooutside agreement as reached beteen the parties as to hat payment ouldbe provided in return for the services then the courts can aard the person ithas much as is reasonably deservedlt for time spent and materials supplied
Su1stantial Compliance hen a contractor has substantially complied iththe terms of a contract yet failed to comply ith some minor aspect of thecontract The contractor ill be paid the contract price minus the cost ofdamages caused by the minor problems
Specific Performance hen the courts require a party to perform a contractual
obligation li7e the sale of land or a personal item
Inunction A court order that prohibits or restrains a party from performing anactCHAPTER 9 Fundamental reac
Applies to a contract that contains an eemption clause amphere parties limit theirliability if a breach of contract results and ma7es the eemption ineffective
CHAPTER 8 Areement etampeen Client and Enineer
A contract beteen a client and an engineer must include all of the essentialcontract elements
The document ill not specify the degree of care that is required of the engineerin carrying out the services =ut the engineer is liable for incompetence
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carelessness or negligence that results in damages to the client and for notperforming ith an ordinary and reasonable degree of care and s7ill
CHAPTER Concurrent ia1ilit$ in Tort and Contract
+nless otherise stated in a contract the standard of care epected of anengineer doing a ob is the same standard of care by hich an engineer-sperformance is measured in tort
3or a breach of contract there is a limitation period of I years from date of thebreach in hich to press charges instead of hen it is discovered
n tort the limitation period in hich to press charges starts hen the damagesare first detected
CHAPTER 3 Ar1itration and AR
A lasuit is not alays the best ay to resolve a dispute beteen contractingparties especially technical disputes
Ar1itration or Alternati4e ispute Resolution +AR- t is less costly and lesspublic than litigation
An engineer that is an arbitrator is epected to act impartially and independentlyof the parties to the dispute
The Arbitration Act deals ith the appointment of an arbitrator and sets out astructure or set of rules to govern the conduct of an arbitration unless the partiesagree that some other structure or rules ill apply
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The Act also gives arbitrators the urisdiction to aard preudgment and post udgment interests ust li7e the courts have under the 6ourts of 4ustice Act
Partnerin intended to respond to the need for improved attitudes amongstindustry participants to the importance of teamor7 on proects
This cooperative attitude should assist in resolving proect disputes at an earlystage
) TGAT) and A=TAT) result in a 4+G(E)T TgtAT $=))G
Proect Neutral (proGect manaement oerie) The companies appoint a
proect neutral usually an independent professional eperienced in the industryto be aare of developments on the proect ith a vie to offering unbiasedadvice and decisions
Mediation esolving disputes through the negotiating process involving amediator ho is to provide guidance and to facilitate the settlement process agobeteenlt in communicating proposed settlements
There is no udgmentL the parties need to or7 out their differences
CHAPTER BB Industrial Propert$
Industrial Propert$ Rits ights that generally relate to patents trademar7scopyrights and industrial design
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COPRI$HTS
9RiDt to cop6
nly the oner of the or7 is alloed to reproduce the or7 or permit others tocopy it
Plaiarism is copying someone else-s or7 and claiming it as your on
Fair ealin +se or reproduction of or7 for private study research criticismrevie or nes reporting
Cop6riDts appl6 to8bull iterar$ ampors boo7s poems pamphlets computer programs
bull ramatic ampors films videos plays scripts
bull Musical ampors compositions ampords and music
bull Artistic ampors paintings draings maps photos sculptures architects
Also to8bull Performer(s performances actors musicians dancers
bull Communication Sinals broadcasters
bull Sound Recordins
6opyright is restricted to the epression in a fied manner amptet recordingdraing of an ideaL it does not etend to the idea itself
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3acts ideas and nes are all considered public property
6opyright does apply tobull $ong
bull )ovel
bull Playbull (agazine article
bull 6omputer program
bull ideo 6assettes (ovies
6opyright does NOT apply tobull $ong titlebull Plot ideabull Play of gtamletbull 3acts in an articlebull )ame of a computer programbull (a7ing a copy of a musical tape amproyalties have been paid already
bull 6opies for educational institutions ampcan 7eep radio and nes tapes for 0 year
bull )onprofit libraries archives and museumshen you create a or7 you automatically have copyright protection providedthat at the time of creation you ere a 6anadian 6itizen or a resident in a countrythat participates in 6opyright rules
Autorsip The person that creates the or7
Oampnersip f you are the creator of the or7 you on the copyright f you
create a or7 hile employed the copyright belongs to the employer ou canlegally transfer your rights to someone else then they on the copyright
uration 6opyright ampintellectual property lasts for the life of the author N H1years
Moral Rits Even if you sell your copyright you still retain moral rightsltThis means that no one including the person ho ons the copyright candistort mutilate or modify your or7 ampchange the ending use for a commercial etc
(oral rights eist for the same length as the copyrightou cannot sell or transfer your moral rights but you can aive them
RE$ISTRATION OF A COPRI$HT
ou do not have to register a copyright to have protection in 6anada
f you choose to register ith the copyright office you receive a certificate hichcan be used to your advantage if your or7 is infringed t is evidence that it is
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your or7 and you are the oner n a dispute you do not have to proveonership
ou send the application to the 6opyright office and you do not send your or7in ou may need to send a copy to the )ational ibrary of 6anada but the
6opyright office doesn-t revie your or7 at all
There is no requirement to mar7 your or7 under the 6opyright Act ou canmar7 it li7e this
)ame ear copy e 4ane oe 09I copy
ou can use this format even if you have not registered your or7
The 6opyright ffice is not responsible for ensuring that your copyright is notbeing infringedCCthis is your ob ou have to launch legal action yourself and
the courts are left to decide
Assinment As the oner you may decide i4e up part or all of $our rits toanother party The assignment may be for the hole term or for ust a certainpart of the term
icense ou as the oner give someone else permission to use your or7 forcertain purposes and under certain conditions but you still retain onership oudo not i4e up $our rits
Ro$alties (oney paid to the copyright oner as commission for sales of theiror7 or permission to use them
Tariffs $et fees that users must pay for using certain copyright material
Collecti4es an organization that collects royalties on behalf of its members
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TRAEMARampS
A trade2mar is a ord symbol or design to distinguish the products or servicesof an organization or person from others t can also represent a reputation
Ordinar$ Mars ords or symbols that distinguish your product or service ampe Giddy+p
Certification Mars identify ares or services that meet a defined standardThey are oned by one person but licensed to others to identify ares orservices hich meet a defined standard ampe oolmar7 APEGGA seal
istinuisin uise identifies the unique shape of a product or its pac7ageampe eggs Egg
A trade name is the name under hich you conduct your business The tradename can be registered under the Trade(ar7s Act only if it is also used as aTrademar7 ampto identify products or services
RE$ISTERIN$ A TRAE2MARamp
The Reistered Trade2Mar is one that is entered on the Trademar7s registerou are not required to register your trademar7 if you use it for a certain lengthof time you can establish onership by 6ommon a
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bull egistration of your trademar7 gives you the eclusive right to use the mar7across Canada for 8 $ears then you have to rene it
bull t is recommended that you register your Trade(ar7 in case someone elsetries to use it
bull f you fail to use the mar7 for an etended period your registration may becancelled
bull ou can register a trademar7 by filing an application for registration ith theTrademar7s ffice our trade2mar must e used in Canada efore itcan e reistered+
RE$ISTRATION QALIFICATIONS
bull 6annot be primarily your full name or surname ampunless you can prove it is already
identified
bull ou may not register a ord that clearly describes a feature of the product orservice ampseet uicy
bull The ord cannot be clearly misleading ampdeceptively misdescriptive ampe sugarseet if it has no sugar
bull ou may not register a ord that clearly designates the place of origin of theproduct or service or if it misleads the public into thin7ing that the productcomes from there ampParis 3ashions Atlantic 6od but you can use )orth Pole =ananasbecause no one ould epect them to come from there
bull ou can use a disclaimer statement indicating that you are not claimingeclusive rights for certain ords appearing in the trademar7 n this ayyou can use clearly descriptive ords hich are unregisterable on their onampce 6ream in =ob-s ce 6ream
bull )ames of products in other languages cannot be registered ampurstlt is Germanfor sausage
bull 6annot be registered if it consists or a plant variety denomination
bull ou cannot use ords symbols sounds or ideas that are confusingly similar
to a registered trademar7 or a pending mar7 amp2ing og 3ood and 2ing 6at 3oodould be refused
bull ou cannot register a trademar7 that resembles certain official symbolsunless you have the consent of the authority in question
o fficial government symbols
o 3amily coats of arms
o =adges and crests or 6(P
o Emblems and names of ed 6ross or +)
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o 3lags of other countries
o $ymbols of provinces
=efore you try to register your trademar7 do a search and include trade namesas ell
After you have a registered trademar7 to 7eep it you mustLbull Pay the registration fees every 0H years
bull +se the trademar7 in 6anada or it ill be epunged
Assinment to sell or transfer your rights to a trademar7 to another party
Marin ReDuirements The Trade(ar7s Act does )T have anyrequirements but many oners indicate their registration through the folloingmar7s
983214 O registered trademar7
991522 O trademar7$( O service mar7
The Trade(ar7 ffice ill prevent anyone else from registering your trademar7but it is your responsibility to monitor the mar7etplace and ta7e legal action ifsomeone is using your trademar7
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PATENTS
A patent is
bull A document protecting the rights of the inventor
bull A repository of useful technical information for the public
The idea is to promote the sharing of technological information hile giving you amonopoly on your creation
ith a patent the government gives the inventor the right to eclude others fromma7ing or selling your invention
The invention is protected from the day the patent is granted to a maimum of =6ears after the day you filed your application
The Patent ffice then epects you to provide a full description of your inventionso that all 6anadians can benefit from this technology They allo your
application to be open gt montDs from the filing date during the con4ention priorit$ date
Patent applications are made pulic gt montDs after the 6anadian 3iling ate
ou must obtain a valid patent ithin 8 $ear of main te product pu1lic
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A 6anadian patent is only etended throughout 6anada ou must apply forpatent rights in other countries separately
t is important to 7eep your invention secret until your first patent application isfiled in order to preserve your rights to file later in most foreign countries
3or an invention to be patented it must be
bull NO0ET= 3irst in the orld
bull )TIIT= 3unctional and operative
bull INGEN)IT= $ho inventive ingenuity and not be obvious to someones7illed in that area
The folloing items are patentable
bull Product ampdoor loc7
bull A composition ampchemical composition li7e lubricant
bull An apparatus ampmachine to ma7e door loc7s
bull A process ampmethod
bull An improvement on any of these
The idea alone is not patentable t must be reduced to something physical
ou CANNOT patentbull A scientific principle
bull An abstract theorem
bull An idea
bull A method of doing businessbull A computer program
bull A medical treatmentn 6anada patents are given to the first inventor to file an application
f you invent something hile or7ing for an employer on the employer-s timeith the employer-s materials at the epense of the employer the inventionrights still belong to you unless you have been hired by the company to inventpatentable inventions
PATENT APPLICATION
+ $et a Patent Aent
+ Preliminar6 SearcD
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bull ou can do a preliminary search in the online database or visit the Patentffice in person
0+ Preparin tDe Patent Application
bull A patent application must consist ofo a1stract ampbrief description
o specification ampclaims and boundaries of protection
o draampins
3+ File 6our Application4+ Reuest eBamination5+ EBaminer does searcD and approes or oGects+lt+ Respond to an6 oGectionsgt+ Patent ranted or oGected+
CONENTION PRIORIT
(any countries belong to the Paris 6onvention for the Protection of ndustrialProperty
This treaty allos you to invo7e convention prioritylt hich means that your filingdate in one member country ill be recognized by all others provided you file inthose countries ithin the first year
ampe if you file in 6anada in 4anuary B111 you could file up to one year later in most countriesamp4anuary B110 and still receive the same rights as if you filed in B111
PATENT COOPERATION TREAT (PCT)
t provides a standardized international filing procedure for foreign patents hichis shared by our principal trading partners including the +$ 4apan and mostEuropean countriesou may file for a patent in as many as 01I member countries through a singleapplication filed in 6anada
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INSTRIAL ESI$N
An Industrial esin is the features of shape configuration pattern or ornamentapplied to a finished article made by hand tool or machine ampappealing to the eye
There is no time limit for filing an application as long as the design has neverbeen published ampmade public to anyone
ou must file ithin 6ear of going public ith your design or you ill lose youreclusive rights to the design
The advantage of registering your industrial design is that it gives you eclusive
right to your design for up to = 6ears from tDe date of reistration
+nless you register your design you can ma7e no legal claim of onership andhave no legal protection from imitation
nly the proprietor ampcreator of the design may obtain registration unless youhave been hired to develop a design Then the hirer is the proprietor
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Trade Secret industrial 7noho or valuable information acquired by abusiness t could be a
bull formula
bull pattern
bull device
bull compilation of info used to give you an advantage over the competitors
ou cannot registerbull That don-t have visual appeal
bull 3eatures that are hidden from vie or too small to appeal to the eye
bull A method of construction
bull An idea
bull (aterials used in construction
bull 3unction of an article
bull 6olor
ESI$N RE$ISTRATION
The application ill includebull Application forms ampdescription
bull At least one draing or photograph
bull 3ees
The process ill include
bull nitial processing
bull Eamination
bull egistration
ou do not have to mar7 your design in order to indicate that it is registered butmar7ing it gives you etra protection
As proprietor you may ta7e legal action against anyone ho infringes on yourdesign in 6anada but you must ta7e action ithin F years of the incident
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An 9assinment occurs hen you sell all or part of your rights in the designpermanently to another party
ou can 9license another user to allo someone else to use your design but
you still retain onership
To have your design protected in other countries you must apply separately ineach country
ou have 5 montDs to file for 9conention priorit6+ampe you apply to register in 6anada in 4anuary B111 then you have until 4uly B111 to file in other 6onvention countries and receive the same rights as if it ere 4anuary B111
LA FOR PROFESSIONAL EN$INEERS OOamp
CHAPTER 8 Te Canadian eal S$stem
The legal system of 6anada is based on the English common2lalt system andthe English courts of euit6lt system ampudgemade la and is calledCOMMON2LAlt
The 3ederal 6ourt of 6anada has urisdiction over federal matters such aspatents trademar7s and copyrights
Pu1lic aamp deals ith the rights and obligations of government ampcriminal and6onstitutional la
Pri4ate aamp deals ith the rights and obligations of individuals or private organizations ampCONTRACT AN TORT LA
Termsbull itigation lasuit
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bull Plaintiff party bringing the actionbull efendant party defending the actionbull Appellant party appealing the decisionbull espondent party see7ing to uphold a decisionbull Privity of contract legal relationship beteen parties to a contract
bull 6reditor party to hom an amount is oingbull ebtor party that oes an amount to creditor bull $uarantee A guarantees = the debt of 6omp amphen = doesn-t get paid
= goes to 6omp first then to A
bull Indemnification a promise to directly compensate or reimburseanother party for a loss or cost incurred f Aindemnifies = the debt of 6omp amphen = doesn-t get paid =goes directly to A
CHAPTER usiness Oraniations
Sole Proprietorsip an individual carries on business by and for himself andalso enoys the profits and incurs any losses personally
Partnersip an association of persons ho conduct business in common ith avie to profit ndividuals or organizations share profits and losses
Corporation an entity unto itself distinct from its oners ampfictitious personThe corporation itself ons its assets and incurs its on liabilities
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CHAPTER B International Considerations
t is etremely important to obtain advice from an appropriately eperiencedlayer in the foreign country or have the advice of a consultant in that countryt is ise to purchase political ris7 insurance and to use careful udgment together ith a local influential partner
$ome potential ris7s of or7ing internationally are
bull Political Ris is one of the more obvious ris7 factors in or7inginternationally The 6hanges in government can lead to significant policychanges
bull Licensin reuirements and obtaining necessary permits and approvalsin a foreign country under different legal systems can be timeconsuming
bull Financial Riss due to currency echange and controls or restrictions onthe transfer of funds out of the country
bull Contract documents and forms used on proects may be different
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CHAPTER gt Tort ia1ilit$
Tort8 generally refers to a private or civil rong or inury one that involvesnegligence and that may arise independently of contract ampcar driver and victim
amphich includes financial loss hen based on a professional-s opinion
The fundamental purpose of tort la is to compensate ictims of tortsPunishment of negligent rongdoers IS NOT a purpose of tort la
Professional liability insurance should provide protection if an engineer-snegligence results in damage arising in tort
n order to satisfy the courts that compensation should be made the plaintiff in atort action must prove that
bull The defendant oed the plaintiff a duty of care
bull The defendant breached that duty by his conduct
bull The defendant-s conduct caused the inury to the plaintiff
f any 0 of these F aspects is not proven to the satisfaction of the courts theplaintiff ill not in
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A significant factor in a tort action is the establishment of the standard of carerequired of the defendant
The standard is applied based on the premise that engineers have a duty to use
the reasonable care and s7ill of engineers of ordinary competence Thereasonable carelt is measured by applicable professional standards of theengineering profession at the time the services ere performed
Strict ia1ilit$ manufacturers and employers are held strictly liable hen faultis not necessary if compensation is to be provided ampnot yet upheld in 6anadaampe All employees ma7e contributions on behalf of employees and if someone is inuredcompensation is provided ith no finding of faultampe A manufacturer may be strictl6 lialelt if for any damages that result from the use of theirproduct
0icarious ia1ilit$ The employer is responsible for damaged caused by its
employees The employer provides compensation because it is presumed thatthe employer is in a better financial position than the employee
Concurrent Tortfeasors hen more than one party is liable in a tort actionThe defendant-s together are called concurrent tortfeasors
Products ia1ilit$ The plaintiff must be able to establish that damage hasclearly resulted from appropriate use of a product and the defendantmanufacturer must then persuade the court that at the time the manufacturercould not have foreseen the defective nature of the goods manufactured6anada has not yet ta7en a strict liability approach on products as the +$ has
Products liability has developed through principles of both contract la and tortla The tort concept of fault has been applied and implied contractualarranties that the product is effective and the contract of a sale must also eist
n productsliability matters economic losses ampin the absence of physical inurymay in some circumstances be recoverable
Standards of Care and ut$ to 5arn A manufacturer must arn theconsumer of any dangerous potential of the product by appropriate labeling
Oter Tortsbull Tort of defamation8 ampif the statements that damage the reputation are true there is
no liability
o ibel D in riting
o $lander D verbal
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bull Occupiers Liailit68 The occupier of a property must eercise therequired standard of care to ensure the safety of individuals coming ontothat property
bull Tort of Nuisance8 esigned to alleviate undue interference ith the
comfortable and convenient enoyment of the plaintiff-s landampe insecticide spray drifting onto other land
CHAPTER Proof
The burden of proof is on the plaintiff to prove the case against the defendant
Engineers often find themselves ma7ing appearances as eBpert itnesses incourt
The epert is permitted to epress opinions ith respect to his or her area ofepertise and the itness should be cautious and restrict testimony to such
area
ou ill be hired by one side and crosseamined by counsel from the otherparty
Preparation is of the utmost importance in litigation The epert itness shouldclearly understand the issues in the lasuit and be aare of the scope ofquestions that can be reasonably epected
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CHAPTER 28 Contracts
3or a contract to be binding and enforceable the folloing elements must bepresent
bull An offer made and accepted
bull (utual intent to enter into the contract
bull 6onsideration or offer ampan echange of promises each promise representing
something of valueCpayment of money is not essential
bull 6apacity to contract ampcan-t be a minor drun7 or crazyCenforceable by the drun7 if
the other party 7ne they ere intoicatedbull aful purpose 6ontract on-t be enforced if it is unlaful
An offer is a promise made by one person to another
)ot all contracts are in riting
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+ntil it is accepted the offer may be ithdran by the offeror unless it is madeepressly irrevocable by its terms
Irre4oca1le Offers =idders submit offers or tenders that have been madeirrevocable for a specific period of time At any point during that period the offer
may be accepted and a contract ill be formed
Option Contract This contract is another means of 7eeping an offer open for acertain period of timeampe The party purchasing the option may ant do eploration or7 for a period of time beforedeciding to spend a large sum of money on the property
EDuita1le Estoppel A udge can stoplt the strict terms of a contract from beingfolloed if it is proven that the terms had changed outside of the agreementampoften used hen etensions to deadlines are agreed upon and then the person tried to go bac7to the original ritten contract
Pursuant to contract la consideration ampor a seal must be present in order toma7e a change to a contract enforceable D otherise it is ust a promise not laThe courts protect the person in the situation here a promise is ta7en as fullagreement
Statute of Frauds Ensures that certain types of contracts must be in riting tobe enforceable
Rectification This order can be applied for to rectify a contract because of asecretarial or recording mista7e
)nilateral Mistae A mista7e made by only one party to a contract 6ourts illdecide hether a contractor ill be relieved of their mista7e
CHAPTER 8 Tenderin Issues Contract A
a of tendering in 6anada gives the principle that there are B separatecontracts that arise in the tendering process
0 Contract A D the contract of irrevocability ampthat deals ith the tenderingphase
B Contract D the construction contract ampapplies to the construction phase
The number of number of tenders submitted is the number of 6ontract A-s thatare formed
The original tender pac7age contents cannot be changed ithout notifyingeveryone or you are in =reach of 6ontract A
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CHAPTER 82 Contract Interpretation
Parties to a contract sometimes dispute the meaning of part of the contract Todifferent approaches can be ta7en hen interpreting contracts
bull i1eral Approac ta7es into account the intent of the parties and maylead to speculation on that intent
bull Strict Approac focuses on the precise ords in the agreement andmay rely on dictionary meanings
Contra Preferentem hen a contract is ambiguous or unclear it ill beinterpreted against the person that rote it up
Parol E4idence Rule hen verbal agreements outside of the ritten contractare included as rule in a contract n most cases if a condition is agreed uponverbally but is not included in the contract then the condition is not part of thecontract
Implied Terms hen the inclusion of obvious terms of a contract have beenoverloo7ed here it is reasonable implied terms may eist in a contract
CHAPTER 83 iscare of Contracts
There are several ays to discharge a contract
bull Performance hen all parties have completed their respectiveobligations the contract is at an end
bull Areement to iscare Parties in a contract are alays free to amend
the contract or agree to cancel or terminate the contract upon mutuallyagreed terms
bull iscare Pursuant to Epress Terms t is advised to include in acontract terms here all parties may terminate the contract if certainoutside events ere to occur ampe ban7ruptcy
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bull iscare 1$ Frustration hen changing unforeseeablecircumstances occur that may radically change the obligations of theparties
o Force Maeure Provides that the time for completion ill beetended in the event of ar riot flood labor dispute or other
events that are beyond the control of both parties
bull iscare 1$ reac of Contract ne party fail to perform obligations
o iscare 1$ Repudiation hen the party to a contract
epressly tells the other party that they have no intention ofperforming contractual obligations
CHAPTER 86 reac of Contract
f a party to a contract fails to perform obligations specified in the contract thenthat party has breached the contract
The innocent party is entitled to certain remedies depending on the nature of thebreach and the terms of the contract
Condition an obligation that is essential or vital to the contract5arrant$ an obligation that is NOT essential or vital to the contract
A =reach of 6ontract is a cause for discharge only if its effect is to render itpurposeless for the innocent party to proceed further ith performance
Repudiation hen the party to a contract epressly tells the other party thatthey have no intention of performing contractual obligations
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REMIIES
A nondefaulting party is entitled to damages for losses incurred as a result of abreach of contract
irect amaes Actual calculated difference in the cost of having to chooseone service over the other ampthe loest bid is chosen and then they refuse to do the or7so the second loest bid is chosen and the party sues for the monetary difference beteen theloest and second loest bid
Indirect amaes Are consequential to the breach and might include damagesfor lost profits or damages incurred if the contract is not fulfilled
iDuidated amaes Are preestimated damages if certain events ere tooccur that are ritten into the contract under a Penalty 6lause
ltuantum Meruit hen services have been requested and performed but nooutside agreement as reached beteen the parties as to hat payment ouldbe provided in return for the services then the courts can aard the person ithas much as is reasonably deservedlt for time spent and materials supplied
Su1stantial Compliance hen a contractor has substantially complied iththe terms of a contract yet failed to comply ith some minor aspect of thecontract The contractor ill be paid the contract price minus the cost ofdamages caused by the minor problems
Specific Performance hen the courts require a party to perform a contractual
obligation li7e the sale of land or a personal item
Inunction A court order that prohibits or restrains a party from performing anactCHAPTER 9 Fundamental reac
Applies to a contract that contains an eemption clause amphere parties limit theirliability if a breach of contract results and ma7es the eemption ineffective
CHAPTER 8 Areement etampeen Client and Enineer
A contract beteen a client and an engineer must include all of the essentialcontract elements
The document ill not specify the degree of care that is required of the engineerin carrying out the services =ut the engineer is liable for incompetence
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carelessness or negligence that results in damages to the client and for notperforming ith an ordinary and reasonable degree of care and s7ill
CHAPTER Concurrent ia1ilit$ in Tort and Contract
+nless otherise stated in a contract the standard of care epected of anengineer doing a ob is the same standard of care by hich an engineer-sperformance is measured in tort
3or a breach of contract there is a limitation period of I years from date of thebreach in hich to press charges instead of hen it is discovered
n tort the limitation period in hich to press charges starts hen the damagesare first detected
CHAPTER 3 Ar1itration and AR
A lasuit is not alays the best ay to resolve a dispute beteen contractingparties especially technical disputes
Ar1itration or Alternati4e ispute Resolution +AR- t is less costly and lesspublic than litigation
An engineer that is an arbitrator is epected to act impartially and independentlyof the parties to the dispute
The Arbitration Act deals ith the appointment of an arbitrator and sets out astructure or set of rules to govern the conduct of an arbitration unless the partiesagree that some other structure or rules ill apply
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The Act also gives arbitrators the urisdiction to aard preudgment and post udgment interests ust li7e the courts have under the 6ourts of 4ustice Act
Partnerin intended to respond to the need for improved attitudes amongstindustry participants to the importance of teamor7 on proects
This cooperative attitude should assist in resolving proect disputes at an earlystage
) TGAT) and A=TAT) result in a 4+G(E)T TgtAT $=))G
Proect Neutral (proGect manaement oerie) The companies appoint a
proect neutral usually an independent professional eperienced in the industryto be aare of developments on the proect ith a vie to offering unbiasedadvice and decisions
Mediation esolving disputes through the negotiating process involving amediator ho is to provide guidance and to facilitate the settlement process agobeteenlt in communicating proposed settlements
There is no udgmentL the parties need to or7 out their differences
CHAPTER BB Industrial Propert$
Industrial Propert$ Rits ights that generally relate to patents trademar7scopyrights and industrial design
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3acts ideas and nes are all considered public property
6opyright does apply tobull $ong
bull )ovel
bull Playbull (agazine article
bull 6omputer program
bull ideo 6assettes (ovies
6opyright does NOT apply tobull $ong titlebull Plot ideabull Play of gtamletbull 3acts in an articlebull )ame of a computer programbull (a7ing a copy of a musical tape amproyalties have been paid already
bull 6opies for educational institutions ampcan 7eep radio and nes tapes for 0 year
bull )onprofit libraries archives and museumshen you create a or7 you automatically have copyright protection providedthat at the time of creation you ere a 6anadian 6itizen or a resident in a countrythat participates in 6opyright rules
Autorsip The person that creates the or7
Oampnersip f you are the creator of the or7 you on the copyright f you
create a or7 hile employed the copyright belongs to the employer ou canlegally transfer your rights to someone else then they on the copyright
uration 6opyright ampintellectual property lasts for the life of the author N H1years
Moral Rits Even if you sell your copyright you still retain moral rightsltThis means that no one including the person ho ons the copyright candistort mutilate or modify your or7 ampchange the ending use for a commercial etc
(oral rights eist for the same length as the copyrightou cannot sell or transfer your moral rights but you can aive them
RE$ISTRATION OF A COPRI$HT
ou do not have to register a copyright to have protection in 6anada
f you choose to register ith the copyright office you receive a certificate hichcan be used to your advantage if your or7 is infringed t is evidence that it is
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your or7 and you are the oner n a dispute you do not have to proveonership
ou send the application to the 6opyright office and you do not send your or7in ou may need to send a copy to the )ational ibrary of 6anada but the
6opyright office doesn-t revie your or7 at all
There is no requirement to mar7 your or7 under the 6opyright Act ou canmar7 it li7e this
)ame ear copy e 4ane oe 09I copy
ou can use this format even if you have not registered your or7
The 6opyright ffice is not responsible for ensuring that your copyright is notbeing infringedCCthis is your ob ou have to launch legal action yourself and
the courts are left to decide
Assinment As the oner you may decide i4e up part or all of $our rits toanother party The assignment may be for the hole term or for ust a certainpart of the term
icense ou as the oner give someone else permission to use your or7 forcertain purposes and under certain conditions but you still retain onership oudo not i4e up $our rits
Ro$alties (oney paid to the copyright oner as commission for sales of theiror7 or permission to use them
Tariffs $et fees that users must pay for using certain copyright material
Collecti4es an organization that collects royalties on behalf of its members
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TRAEMARampS
A trade2mar is a ord symbol or design to distinguish the products or servicesof an organization or person from others t can also represent a reputation
Ordinar$ Mars ords or symbols that distinguish your product or service ampe Giddy+p
Certification Mars identify ares or services that meet a defined standardThey are oned by one person but licensed to others to identify ares orservices hich meet a defined standard ampe oolmar7 APEGGA seal
istinuisin uise identifies the unique shape of a product or its pac7ageampe eggs Egg
A trade name is the name under hich you conduct your business The tradename can be registered under the Trade(ar7s Act only if it is also used as aTrademar7 ampto identify products or services
RE$ISTERIN$ A TRAE2MARamp
The Reistered Trade2Mar is one that is entered on the Trademar7s registerou are not required to register your trademar7 if you use it for a certain lengthof time you can establish onership by 6ommon a
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bull egistration of your trademar7 gives you the eclusive right to use the mar7across Canada for 8 $ears then you have to rene it
bull t is recommended that you register your Trade(ar7 in case someone elsetries to use it
bull f you fail to use the mar7 for an etended period your registration may becancelled
bull ou can register a trademar7 by filing an application for registration ith theTrademar7s ffice our trade2mar must e used in Canada efore itcan e reistered+
RE$ISTRATION QALIFICATIONS
bull 6annot be primarily your full name or surname ampunless you can prove it is already
identified
bull ou may not register a ord that clearly describes a feature of the product orservice ampseet uicy
bull The ord cannot be clearly misleading ampdeceptively misdescriptive ampe sugarseet if it has no sugar
bull ou may not register a ord that clearly designates the place of origin of theproduct or service or if it misleads the public into thin7ing that the productcomes from there ampParis 3ashions Atlantic 6od but you can use )orth Pole =ananasbecause no one ould epect them to come from there
bull ou can use a disclaimer statement indicating that you are not claimingeclusive rights for certain ords appearing in the trademar7 n this ayyou can use clearly descriptive ords hich are unregisterable on their onampce 6ream in =ob-s ce 6ream
bull )ames of products in other languages cannot be registered ampurstlt is Germanfor sausage
bull 6annot be registered if it consists or a plant variety denomination
bull ou cannot use ords symbols sounds or ideas that are confusingly similar
to a registered trademar7 or a pending mar7 amp2ing og 3ood and 2ing 6at 3oodould be refused
bull ou cannot register a trademar7 that resembles certain official symbolsunless you have the consent of the authority in question
o fficial government symbols
o 3amily coats of arms
o =adges and crests or 6(P
o Emblems and names of ed 6ross or +)
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o 3lags of other countries
o $ymbols of provinces
=efore you try to register your trademar7 do a search and include trade namesas ell
After you have a registered trademar7 to 7eep it you mustLbull Pay the registration fees every 0H years
bull +se the trademar7 in 6anada or it ill be epunged
Assinment to sell or transfer your rights to a trademar7 to another party
Marin ReDuirements The Trade(ar7s Act does )T have anyrequirements but many oners indicate their registration through the folloingmar7s
983214 O registered trademar7
991522 O trademar7$( O service mar7
The Trade(ar7 ffice ill prevent anyone else from registering your trademar7but it is your responsibility to monitor the mar7etplace and ta7e legal action ifsomeone is using your trademar7
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PATENTS
A patent is
bull A document protecting the rights of the inventor
bull A repository of useful technical information for the public
The idea is to promote the sharing of technological information hile giving you amonopoly on your creation
ith a patent the government gives the inventor the right to eclude others fromma7ing or selling your invention
The invention is protected from the day the patent is granted to a maimum of =6ears after the day you filed your application
The Patent ffice then epects you to provide a full description of your inventionso that all 6anadians can benefit from this technology They allo your
application to be open gt montDs from the filing date during the con4ention priorit$ date
Patent applications are made pulic gt montDs after the 6anadian 3iling ate
ou must obtain a valid patent ithin 8 $ear of main te product pu1lic
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A 6anadian patent is only etended throughout 6anada ou must apply forpatent rights in other countries separately
t is important to 7eep your invention secret until your first patent application isfiled in order to preserve your rights to file later in most foreign countries
3or an invention to be patented it must be
bull NO0ET= 3irst in the orld
bull )TIIT= 3unctional and operative
bull INGEN)IT= $ho inventive ingenuity and not be obvious to someones7illed in that area
The folloing items are patentable
bull Product ampdoor loc7
bull A composition ampchemical composition li7e lubricant
bull An apparatus ampmachine to ma7e door loc7s
bull A process ampmethod
bull An improvement on any of these
The idea alone is not patentable t must be reduced to something physical
ou CANNOT patentbull A scientific principle
bull An abstract theorem
bull An idea
bull A method of doing businessbull A computer program
bull A medical treatmentn 6anada patents are given to the first inventor to file an application
f you invent something hile or7ing for an employer on the employer-s timeith the employer-s materials at the epense of the employer the inventionrights still belong to you unless you have been hired by the company to inventpatentable inventions
PATENT APPLICATION
+ $et a Patent Aent
+ Preliminar6 SearcD
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bull ou can do a preliminary search in the online database or visit the Patentffice in person
0+ Preparin tDe Patent Application
bull A patent application must consist ofo a1stract ampbrief description
o specification ampclaims and boundaries of protection
o draampins
3+ File 6our Application4+ Reuest eBamination5+ EBaminer does searcD and approes or oGects+lt+ Respond to an6 oGectionsgt+ Patent ranted or oGected+
CONENTION PRIORIT
(any countries belong to the Paris 6onvention for the Protection of ndustrialProperty
This treaty allos you to invo7e convention prioritylt hich means that your filingdate in one member country ill be recognized by all others provided you file inthose countries ithin the first year
ampe if you file in 6anada in 4anuary B111 you could file up to one year later in most countriesamp4anuary B110 and still receive the same rights as if you filed in B111
PATENT COOPERATION TREAT (PCT)
t provides a standardized international filing procedure for foreign patents hichis shared by our principal trading partners including the +$ 4apan and mostEuropean countriesou may file for a patent in as many as 01I member countries through a singleapplication filed in 6anada
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INSTRIAL ESI$N
An Industrial esin is the features of shape configuration pattern or ornamentapplied to a finished article made by hand tool or machine ampappealing to the eye
There is no time limit for filing an application as long as the design has neverbeen published ampmade public to anyone
ou must file ithin 6ear of going public ith your design or you ill lose youreclusive rights to the design
The advantage of registering your industrial design is that it gives you eclusive
right to your design for up to = 6ears from tDe date of reistration
+nless you register your design you can ma7e no legal claim of onership andhave no legal protection from imitation
nly the proprietor ampcreator of the design may obtain registration unless youhave been hired to develop a design Then the hirer is the proprietor
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Trade Secret industrial 7noho or valuable information acquired by abusiness t could be a
bull formula
bull pattern
bull device
bull compilation of info used to give you an advantage over the competitors
ou cannot registerbull That don-t have visual appeal
bull 3eatures that are hidden from vie or too small to appeal to the eye
bull A method of construction
bull An idea
bull (aterials used in construction
bull 3unction of an article
bull 6olor
ESI$N RE$ISTRATION
The application ill includebull Application forms ampdescription
bull At least one draing or photograph
bull 3ees
The process ill include
bull nitial processing
bull Eamination
bull egistration
ou do not have to mar7 your design in order to indicate that it is registered butmar7ing it gives you etra protection
As proprietor you may ta7e legal action against anyone ho infringes on yourdesign in 6anada but you must ta7e action ithin F years of the incident
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An 9assinment occurs hen you sell all or part of your rights in the designpermanently to another party
ou can 9license another user to allo someone else to use your design but
you still retain onership
To have your design protected in other countries you must apply separately ineach country
ou have 5 montDs to file for 9conention priorit6+ampe you apply to register in 6anada in 4anuary B111 then you have until 4uly B111 to file in other 6onvention countries and receive the same rights as if it ere 4anuary B111
LA FOR PROFESSIONAL EN$INEERS OOamp
CHAPTER 8 Te Canadian eal S$stem
The legal system of 6anada is based on the English common2lalt system andthe English courts of euit6lt system ampudgemade la and is calledCOMMON2LAlt
The 3ederal 6ourt of 6anada has urisdiction over federal matters such aspatents trademar7s and copyrights
Pu1lic aamp deals ith the rights and obligations of government ampcriminal and6onstitutional la
Pri4ate aamp deals ith the rights and obligations of individuals or private organizations ampCONTRACT AN TORT LA
Termsbull itigation lasuit
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bull Plaintiff party bringing the actionbull efendant party defending the actionbull Appellant party appealing the decisionbull espondent party see7ing to uphold a decisionbull Privity of contract legal relationship beteen parties to a contract
bull 6reditor party to hom an amount is oingbull ebtor party that oes an amount to creditor bull $uarantee A guarantees = the debt of 6omp amphen = doesn-t get paid
= goes to 6omp first then to A
bull Indemnification a promise to directly compensate or reimburseanother party for a loss or cost incurred f Aindemnifies = the debt of 6omp amphen = doesn-t get paid =goes directly to A
CHAPTER usiness Oraniations
Sole Proprietorsip an individual carries on business by and for himself andalso enoys the profits and incurs any losses personally
Partnersip an association of persons ho conduct business in common ith avie to profit ndividuals or organizations share profits and losses
Corporation an entity unto itself distinct from its oners ampfictitious personThe corporation itself ons its assets and incurs its on liabilities
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CHAPTER B International Considerations
t is etremely important to obtain advice from an appropriately eperiencedlayer in the foreign country or have the advice of a consultant in that countryt is ise to purchase political ris7 insurance and to use careful udgment together ith a local influential partner
$ome potential ris7s of or7ing internationally are
bull Political Ris is one of the more obvious ris7 factors in or7inginternationally The 6hanges in government can lead to significant policychanges
bull Licensin reuirements and obtaining necessary permits and approvalsin a foreign country under different legal systems can be timeconsuming
bull Financial Riss due to currency echange and controls or restrictions onthe transfer of funds out of the country
bull Contract documents and forms used on proects may be different
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CHAPTER gt Tort ia1ilit$
Tort8 generally refers to a private or civil rong or inury one that involvesnegligence and that may arise independently of contract ampcar driver and victim
amphich includes financial loss hen based on a professional-s opinion
The fundamental purpose of tort la is to compensate ictims of tortsPunishment of negligent rongdoers IS NOT a purpose of tort la
Professional liability insurance should provide protection if an engineer-snegligence results in damage arising in tort
n order to satisfy the courts that compensation should be made the plaintiff in atort action must prove that
bull The defendant oed the plaintiff a duty of care
bull The defendant breached that duty by his conduct
bull The defendant-s conduct caused the inury to the plaintiff
f any 0 of these F aspects is not proven to the satisfaction of the courts theplaintiff ill not in
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A significant factor in a tort action is the establishment of the standard of carerequired of the defendant
The standard is applied based on the premise that engineers have a duty to use
the reasonable care and s7ill of engineers of ordinary competence Thereasonable carelt is measured by applicable professional standards of theengineering profession at the time the services ere performed
Strict ia1ilit$ manufacturers and employers are held strictly liable hen faultis not necessary if compensation is to be provided ampnot yet upheld in 6anadaampe All employees ma7e contributions on behalf of employees and if someone is inuredcompensation is provided ith no finding of faultampe A manufacturer may be strictl6 lialelt if for any damages that result from the use of theirproduct
0icarious ia1ilit$ The employer is responsible for damaged caused by its
employees The employer provides compensation because it is presumed thatthe employer is in a better financial position than the employee
Concurrent Tortfeasors hen more than one party is liable in a tort actionThe defendant-s together are called concurrent tortfeasors
Products ia1ilit$ The plaintiff must be able to establish that damage hasclearly resulted from appropriate use of a product and the defendantmanufacturer must then persuade the court that at the time the manufacturercould not have foreseen the defective nature of the goods manufactured6anada has not yet ta7en a strict liability approach on products as the +$ has
Products liability has developed through principles of both contract la and tortla The tort concept of fault has been applied and implied contractualarranties that the product is effective and the contract of a sale must also eist
n productsliability matters economic losses ampin the absence of physical inurymay in some circumstances be recoverable
Standards of Care and ut$ to 5arn A manufacturer must arn theconsumer of any dangerous potential of the product by appropriate labeling
Oter Tortsbull Tort of defamation8 ampif the statements that damage the reputation are true there is
no liability
o ibel D in riting
o $lander D verbal
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bull Occupiers Liailit68 The occupier of a property must eercise therequired standard of care to ensure the safety of individuals coming ontothat property
bull Tort of Nuisance8 esigned to alleviate undue interference ith the
comfortable and convenient enoyment of the plaintiff-s landampe insecticide spray drifting onto other land
CHAPTER Proof
The burden of proof is on the plaintiff to prove the case against the defendant
Engineers often find themselves ma7ing appearances as eBpert itnesses incourt
The epert is permitted to epress opinions ith respect to his or her area ofepertise and the itness should be cautious and restrict testimony to such
area
ou ill be hired by one side and crosseamined by counsel from the otherparty
Preparation is of the utmost importance in litigation The epert itness shouldclearly understand the issues in the lasuit and be aare of the scope ofquestions that can be reasonably epected
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CHAPTER 28 Contracts
3or a contract to be binding and enforceable the folloing elements must bepresent
bull An offer made and accepted
bull (utual intent to enter into the contract
bull 6onsideration or offer ampan echange of promises each promise representing
something of valueCpayment of money is not essential
bull 6apacity to contract ampcan-t be a minor drun7 or crazyCenforceable by the drun7 if
the other party 7ne they ere intoicatedbull aful purpose 6ontract on-t be enforced if it is unlaful
An offer is a promise made by one person to another
)ot all contracts are in riting
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+ntil it is accepted the offer may be ithdran by the offeror unless it is madeepressly irrevocable by its terms
Irre4oca1le Offers =idders submit offers or tenders that have been madeirrevocable for a specific period of time At any point during that period the offer
may be accepted and a contract ill be formed
Option Contract This contract is another means of 7eeping an offer open for acertain period of timeampe The party purchasing the option may ant do eploration or7 for a period of time beforedeciding to spend a large sum of money on the property
EDuita1le Estoppel A udge can stoplt the strict terms of a contract from beingfolloed if it is proven that the terms had changed outside of the agreementampoften used hen etensions to deadlines are agreed upon and then the person tried to go bac7to the original ritten contract
Pursuant to contract la consideration ampor a seal must be present in order toma7e a change to a contract enforceable D otherise it is ust a promise not laThe courts protect the person in the situation here a promise is ta7en as fullagreement
Statute of Frauds Ensures that certain types of contracts must be in riting tobe enforceable
Rectification This order can be applied for to rectify a contract because of asecretarial or recording mista7e
)nilateral Mistae A mista7e made by only one party to a contract 6ourts illdecide hether a contractor ill be relieved of their mista7e
CHAPTER 8 Tenderin Issues Contract A
a of tendering in 6anada gives the principle that there are B separatecontracts that arise in the tendering process
0 Contract A D the contract of irrevocability ampthat deals ith the tenderingphase
B Contract D the construction contract ampapplies to the construction phase
The number of number of tenders submitted is the number of 6ontract A-s thatare formed
The original tender pac7age contents cannot be changed ithout notifyingeveryone or you are in =reach of 6ontract A
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CHAPTER 82 Contract Interpretation
Parties to a contract sometimes dispute the meaning of part of the contract Todifferent approaches can be ta7en hen interpreting contracts
bull i1eral Approac ta7es into account the intent of the parties and maylead to speculation on that intent
bull Strict Approac focuses on the precise ords in the agreement andmay rely on dictionary meanings
Contra Preferentem hen a contract is ambiguous or unclear it ill beinterpreted against the person that rote it up
Parol E4idence Rule hen verbal agreements outside of the ritten contractare included as rule in a contract n most cases if a condition is agreed uponverbally but is not included in the contract then the condition is not part of thecontract
Implied Terms hen the inclusion of obvious terms of a contract have beenoverloo7ed here it is reasonable implied terms may eist in a contract
CHAPTER 83 iscare of Contracts
There are several ays to discharge a contract
bull Performance hen all parties have completed their respectiveobligations the contract is at an end
bull Areement to iscare Parties in a contract are alays free to amend
the contract or agree to cancel or terminate the contract upon mutuallyagreed terms
bull iscare Pursuant to Epress Terms t is advised to include in acontract terms here all parties may terminate the contract if certainoutside events ere to occur ampe ban7ruptcy
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bull iscare 1$ Frustration hen changing unforeseeablecircumstances occur that may radically change the obligations of theparties
o Force Maeure Provides that the time for completion ill beetended in the event of ar riot flood labor dispute or other
events that are beyond the control of both parties
bull iscare 1$ reac of Contract ne party fail to perform obligations
o iscare 1$ Repudiation hen the party to a contract
epressly tells the other party that they have no intention ofperforming contractual obligations
CHAPTER 86 reac of Contract
f a party to a contract fails to perform obligations specified in the contract thenthat party has breached the contract
The innocent party is entitled to certain remedies depending on the nature of thebreach and the terms of the contract
Condition an obligation that is essential or vital to the contract5arrant$ an obligation that is NOT essential or vital to the contract
A =reach of 6ontract is a cause for discharge only if its effect is to render itpurposeless for the innocent party to proceed further ith performance
Repudiation hen the party to a contract epressly tells the other party thatthey have no intention of performing contractual obligations
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REMIIES
A nondefaulting party is entitled to damages for losses incurred as a result of abreach of contract
irect amaes Actual calculated difference in the cost of having to chooseone service over the other ampthe loest bid is chosen and then they refuse to do the or7so the second loest bid is chosen and the party sues for the monetary difference beteen theloest and second loest bid
Indirect amaes Are consequential to the breach and might include damagesfor lost profits or damages incurred if the contract is not fulfilled
iDuidated amaes Are preestimated damages if certain events ere tooccur that are ritten into the contract under a Penalty 6lause
ltuantum Meruit hen services have been requested and performed but nooutside agreement as reached beteen the parties as to hat payment ouldbe provided in return for the services then the courts can aard the person ithas much as is reasonably deservedlt for time spent and materials supplied
Su1stantial Compliance hen a contractor has substantially complied iththe terms of a contract yet failed to comply ith some minor aspect of thecontract The contractor ill be paid the contract price minus the cost ofdamages caused by the minor problems
Specific Performance hen the courts require a party to perform a contractual
obligation li7e the sale of land or a personal item
Inunction A court order that prohibits or restrains a party from performing anactCHAPTER 9 Fundamental reac
Applies to a contract that contains an eemption clause amphere parties limit theirliability if a breach of contract results and ma7es the eemption ineffective
CHAPTER 8 Areement etampeen Client and Enineer
A contract beteen a client and an engineer must include all of the essentialcontract elements
The document ill not specify the degree of care that is required of the engineerin carrying out the services =ut the engineer is liable for incompetence
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carelessness or negligence that results in damages to the client and for notperforming ith an ordinary and reasonable degree of care and s7ill
CHAPTER Concurrent ia1ilit$ in Tort and Contract
+nless otherise stated in a contract the standard of care epected of anengineer doing a ob is the same standard of care by hich an engineer-sperformance is measured in tort
3or a breach of contract there is a limitation period of I years from date of thebreach in hich to press charges instead of hen it is discovered
n tort the limitation period in hich to press charges starts hen the damagesare first detected
CHAPTER 3 Ar1itration and AR
A lasuit is not alays the best ay to resolve a dispute beteen contractingparties especially technical disputes
Ar1itration or Alternati4e ispute Resolution +AR- t is less costly and lesspublic than litigation
An engineer that is an arbitrator is epected to act impartially and independentlyof the parties to the dispute
The Arbitration Act deals ith the appointment of an arbitrator and sets out astructure or set of rules to govern the conduct of an arbitration unless the partiesagree that some other structure or rules ill apply
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The Act also gives arbitrators the urisdiction to aard preudgment and post udgment interests ust li7e the courts have under the 6ourts of 4ustice Act
Partnerin intended to respond to the need for improved attitudes amongstindustry participants to the importance of teamor7 on proects
This cooperative attitude should assist in resolving proect disputes at an earlystage
) TGAT) and A=TAT) result in a 4+G(E)T TgtAT $=))G
Proect Neutral (proGect manaement oerie) The companies appoint a
proect neutral usually an independent professional eperienced in the industryto be aare of developments on the proect ith a vie to offering unbiasedadvice and decisions
Mediation esolving disputes through the negotiating process involving amediator ho is to provide guidance and to facilitate the settlement process agobeteenlt in communicating proposed settlements
There is no udgmentL the parties need to or7 out their differences
CHAPTER BB Industrial Propert$
Industrial Propert$ Rits ights that generally relate to patents trademar7scopyrights and industrial design
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your or7 and you are the oner n a dispute you do not have to proveonership
ou send the application to the 6opyright office and you do not send your or7in ou may need to send a copy to the )ational ibrary of 6anada but the
6opyright office doesn-t revie your or7 at all
There is no requirement to mar7 your or7 under the 6opyright Act ou canmar7 it li7e this
)ame ear copy e 4ane oe 09I copy
ou can use this format even if you have not registered your or7
The 6opyright ffice is not responsible for ensuring that your copyright is notbeing infringedCCthis is your ob ou have to launch legal action yourself and
the courts are left to decide
Assinment As the oner you may decide i4e up part or all of $our rits toanother party The assignment may be for the hole term or for ust a certainpart of the term
icense ou as the oner give someone else permission to use your or7 forcertain purposes and under certain conditions but you still retain onership oudo not i4e up $our rits
Ro$alties (oney paid to the copyright oner as commission for sales of theiror7 or permission to use them
Tariffs $et fees that users must pay for using certain copyright material
Collecti4es an organization that collects royalties on behalf of its members
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TRAEMARampS
A trade2mar is a ord symbol or design to distinguish the products or servicesof an organization or person from others t can also represent a reputation
Ordinar$ Mars ords or symbols that distinguish your product or service ampe Giddy+p
Certification Mars identify ares or services that meet a defined standardThey are oned by one person but licensed to others to identify ares orservices hich meet a defined standard ampe oolmar7 APEGGA seal
istinuisin uise identifies the unique shape of a product or its pac7ageampe eggs Egg
A trade name is the name under hich you conduct your business The tradename can be registered under the Trade(ar7s Act only if it is also used as aTrademar7 ampto identify products or services
RE$ISTERIN$ A TRAE2MARamp
The Reistered Trade2Mar is one that is entered on the Trademar7s registerou are not required to register your trademar7 if you use it for a certain lengthof time you can establish onership by 6ommon a
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bull egistration of your trademar7 gives you the eclusive right to use the mar7across Canada for 8 $ears then you have to rene it
bull t is recommended that you register your Trade(ar7 in case someone elsetries to use it
bull f you fail to use the mar7 for an etended period your registration may becancelled
bull ou can register a trademar7 by filing an application for registration ith theTrademar7s ffice our trade2mar must e used in Canada efore itcan e reistered+
RE$ISTRATION QALIFICATIONS
bull 6annot be primarily your full name or surname ampunless you can prove it is already
identified
bull ou may not register a ord that clearly describes a feature of the product orservice ampseet uicy
bull The ord cannot be clearly misleading ampdeceptively misdescriptive ampe sugarseet if it has no sugar
bull ou may not register a ord that clearly designates the place of origin of theproduct or service or if it misleads the public into thin7ing that the productcomes from there ampParis 3ashions Atlantic 6od but you can use )orth Pole =ananasbecause no one ould epect them to come from there
bull ou can use a disclaimer statement indicating that you are not claimingeclusive rights for certain ords appearing in the trademar7 n this ayyou can use clearly descriptive ords hich are unregisterable on their onampce 6ream in =ob-s ce 6ream
bull )ames of products in other languages cannot be registered ampurstlt is Germanfor sausage
bull 6annot be registered if it consists or a plant variety denomination
bull ou cannot use ords symbols sounds or ideas that are confusingly similar
to a registered trademar7 or a pending mar7 amp2ing og 3ood and 2ing 6at 3oodould be refused
bull ou cannot register a trademar7 that resembles certain official symbolsunless you have the consent of the authority in question
o fficial government symbols
o 3amily coats of arms
o =adges and crests or 6(P
o Emblems and names of ed 6ross or +)
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o 3lags of other countries
o $ymbols of provinces
=efore you try to register your trademar7 do a search and include trade namesas ell
After you have a registered trademar7 to 7eep it you mustLbull Pay the registration fees every 0H years
bull +se the trademar7 in 6anada or it ill be epunged
Assinment to sell or transfer your rights to a trademar7 to another party
Marin ReDuirements The Trade(ar7s Act does )T have anyrequirements but many oners indicate their registration through the folloingmar7s
983214 O registered trademar7
991522 O trademar7$( O service mar7
The Trade(ar7 ffice ill prevent anyone else from registering your trademar7but it is your responsibility to monitor the mar7etplace and ta7e legal action ifsomeone is using your trademar7
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PATENTS
A patent is
bull A document protecting the rights of the inventor
bull A repository of useful technical information for the public
The idea is to promote the sharing of technological information hile giving you amonopoly on your creation
ith a patent the government gives the inventor the right to eclude others fromma7ing or selling your invention
The invention is protected from the day the patent is granted to a maimum of =6ears after the day you filed your application
The Patent ffice then epects you to provide a full description of your inventionso that all 6anadians can benefit from this technology They allo your
application to be open gt montDs from the filing date during the con4ention priorit$ date
Patent applications are made pulic gt montDs after the 6anadian 3iling ate
ou must obtain a valid patent ithin 8 $ear of main te product pu1lic
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A 6anadian patent is only etended throughout 6anada ou must apply forpatent rights in other countries separately
t is important to 7eep your invention secret until your first patent application isfiled in order to preserve your rights to file later in most foreign countries
3or an invention to be patented it must be
bull NO0ET= 3irst in the orld
bull )TIIT= 3unctional and operative
bull INGEN)IT= $ho inventive ingenuity and not be obvious to someones7illed in that area
The folloing items are patentable
bull Product ampdoor loc7
bull A composition ampchemical composition li7e lubricant
bull An apparatus ampmachine to ma7e door loc7s
bull A process ampmethod
bull An improvement on any of these
The idea alone is not patentable t must be reduced to something physical
ou CANNOT patentbull A scientific principle
bull An abstract theorem
bull An idea
bull A method of doing businessbull A computer program
bull A medical treatmentn 6anada patents are given to the first inventor to file an application
f you invent something hile or7ing for an employer on the employer-s timeith the employer-s materials at the epense of the employer the inventionrights still belong to you unless you have been hired by the company to inventpatentable inventions
PATENT APPLICATION
+ $et a Patent Aent
+ Preliminar6 SearcD
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bull ou can do a preliminary search in the online database or visit the Patentffice in person
0+ Preparin tDe Patent Application
bull A patent application must consist ofo a1stract ampbrief description
o specification ampclaims and boundaries of protection
o draampins
3+ File 6our Application4+ Reuest eBamination5+ EBaminer does searcD and approes or oGects+lt+ Respond to an6 oGectionsgt+ Patent ranted or oGected+
CONENTION PRIORIT
(any countries belong to the Paris 6onvention for the Protection of ndustrialProperty
This treaty allos you to invo7e convention prioritylt hich means that your filingdate in one member country ill be recognized by all others provided you file inthose countries ithin the first year
ampe if you file in 6anada in 4anuary B111 you could file up to one year later in most countriesamp4anuary B110 and still receive the same rights as if you filed in B111
PATENT COOPERATION TREAT (PCT)
t provides a standardized international filing procedure for foreign patents hichis shared by our principal trading partners including the +$ 4apan and mostEuropean countriesou may file for a patent in as many as 01I member countries through a singleapplication filed in 6anada
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INSTRIAL ESI$N
An Industrial esin is the features of shape configuration pattern or ornamentapplied to a finished article made by hand tool or machine ampappealing to the eye
There is no time limit for filing an application as long as the design has neverbeen published ampmade public to anyone
ou must file ithin 6ear of going public ith your design or you ill lose youreclusive rights to the design
The advantage of registering your industrial design is that it gives you eclusive
right to your design for up to = 6ears from tDe date of reistration
+nless you register your design you can ma7e no legal claim of onership andhave no legal protection from imitation
nly the proprietor ampcreator of the design may obtain registration unless youhave been hired to develop a design Then the hirer is the proprietor
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Trade Secret industrial 7noho or valuable information acquired by abusiness t could be a
bull formula
bull pattern
bull device
bull compilation of info used to give you an advantage over the competitors
ou cannot registerbull That don-t have visual appeal
bull 3eatures that are hidden from vie or too small to appeal to the eye
bull A method of construction
bull An idea
bull (aterials used in construction
bull 3unction of an article
bull 6olor
ESI$N RE$ISTRATION
The application ill includebull Application forms ampdescription
bull At least one draing or photograph
bull 3ees
The process ill include
bull nitial processing
bull Eamination
bull egistration
ou do not have to mar7 your design in order to indicate that it is registered butmar7ing it gives you etra protection
As proprietor you may ta7e legal action against anyone ho infringes on yourdesign in 6anada but you must ta7e action ithin F years of the incident
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An 9assinment occurs hen you sell all or part of your rights in the designpermanently to another party
ou can 9license another user to allo someone else to use your design but
you still retain onership
To have your design protected in other countries you must apply separately ineach country
ou have 5 montDs to file for 9conention priorit6+ampe you apply to register in 6anada in 4anuary B111 then you have until 4uly B111 to file in other 6onvention countries and receive the same rights as if it ere 4anuary B111
LA FOR PROFESSIONAL EN$INEERS OOamp
CHAPTER 8 Te Canadian eal S$stem
The legal system of 6anada is based on the English common2lalt system andthe English courts of euit6lt system ampudgemade la and is calledCOMMON2LAlt
The 3ederal 6ourt of 6anada has urisdiction over federal matters such aspatents trademar7s and copyrights
Pu1lic aamp deals ith the rights and obligations of government ampcriminal and6onstitutional la
Pri4ate aamp deals ith the rights and obligations of individuals or private organizations ampCONTRACT AN TORT LA
Termsbull itigation lasuit
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bull Plaintiff party bringing the actionbull efendant party defending the actionbull Appellant party appealing the decisionbull espondent party see7ing to uphold a decisionbull Privity of contract legal relationship beteen parties to a contract
bull 6reditor party to hom an amount is oingbull ebtor party that oes an amount to creditor bull $uarantee A guarantees = the debt of 6omp amphen = doesn-t get paid
= goes to 6omp first then to A
bull Indemnification a promise to directly compensate or reimburseanother party for a loss or cost incurred f Aindemnifies = the debt of 6omp amphen = doesn-t get paid =goes directly to A
CHAPTER usiness Oraniations
Sole Proprietorsip an individual carries on business by and for himself andalso enoys the profits and incurs any losses personally
Partnersip an association of persons ho conduct business in common ith avie to profit ndividuals or organizations share profits and losses
Corporation an entity unto itself distinct from its oners ampfictitious personThe corporation itself ons its assets and incurs its on liabilities
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CHAPTER B International Considerations
t is etremely important to obtain advice from an appropriately eperiencedlayer in the foreign country or have the advice of a consultant in that countryt is ise to purchase political ris7 insurance and to use careful udgment together ith a local influential partner
$ome potential ris7s of or7ing internationally are
bull Political Ris is one of the more obvious ris7 factors in or7inginternationally The 6hanges in government can lead to significant policychanges
bull Licensin reuirements and obtaining necessary permits and approvalsin a foreign country under different legal systems can be timeconsuming
bull Financial Riss due to currency echange and controls or restrictions onthe transfer of funds out of the country
bull Contract documents and forms used on proects may be different
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CHAPTER gt Tort ia1ilit$
Tort8 generally refers to a private or civil rong or inury one that involvesnegligence and that may arise independently of contract ampcar driver and victim
amphich includes financial loss hen based on a professional-s opinion
The fundamental purpose of tort la is to compensate ictims of tortsPunishment of negligent rongdoers IS NOT a purpose of tort la
Professional liability insurance should provide protection if an engineer-snegligence results in damage arising in tort
n order to satisfy the courts that compensation should be made the plaintiff in atort action must prove that
bull The defendant oed the plaintiff a duty of care
bull The defendant breached that duty by his conduct
bull The defendant-s conduct caused the inury to the plaintiff
f any 0 of these F aspects is not proven to the satisfaction of the courts theplaintiff ill not in
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A significant factor in a tort action is the establishment of the standard of carerequired of the defendant
The standard is applied based on the premise that engineers have a duty to use
the reasonable care and s7ill of engineers of ordinary competence Thereasonable carelt is measured by applicable professional standards of theengineering profession at the time the services ere performed
Strict ia1ilit$ manufacturers and employers are held strictly liable hen faultis not necessary if compensation is to be provided ampnot yet upheld in 6anadaampe All employees ma7e contributions on behalf of employees and if someone is inuredcompensation is provided ith no finding of faultampe A manufacturer may be strictl6 lialelt if for any damages that result from the use of theirproduct
0icarious ia1ilit$ The employer is responsible for damaged caused by its
employees The employer provides compensation because it is presumed thatthe employer is in a better financial position than the employee
Concurrent Tortfeasors hen more than one party is liable in a tort actionThe defendant-s together are called concurrent tortfeasors
Products ia1ilit$ The plaintiff must be able to establish that damage hasclearly resulted from appropriate use of a product and the defendantmanufacturer must then persuade the court that at the time the manufacturercould not have foreseen the defective nature of the goods manufactured6anada has not yet ta7en a strict liability approach on products as the +$ has
Products liability has developed through principles of both contract la and tortla The tort concept of fault has been applied and implied contractualarranties that the product is effective and the contract of a sale must also eist
n productsliability matters economic losses ampin the absence of physical inurymay in some circumstances be recoverable
Standards of Care and ut$ to 5arn A manufacturer must arn theconsumer of any dangerous potential of the product by appropriate labeling
Oter Tortsbull Tort of defamation8 ampif the statements that damage the reputation are true there is
no liability
o ibel D in riting
o $lander D verbal
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bull Occupiers Liailit68 The occupier of a property must eercise therequired standard of care to ensure the safety of individuals coming ontothat property
bull Tort of Nuisance8 esigned to alleviate undue interference ith the
comfortable and convenient enoyment of the plaintiff-s landampe insecticide spray drifting onto other land
CHAPTER Proof
The burden of proof is on the plaintiff to prove the case against the defendant
Engineers often find themselves ma7ing appearances as eBpert itnesses incourt
The epert is permitted to epress opinions ith respect to his or her area ofepertise and the itness should be cautious and restrict testimony to such
area
ou ill be hired by one side and crosseamined by counsel from the otherparty
Preparation is of the utmost importance in litigation The epert itness shouldclearly understand the issues in the lasuit and be aare of the scope ofquestions that can be reasonably epected
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CHAPTER 28 Contracts
3or a contract to be binding and enforceable the folloing elements must bepresent
bull An offer made and accepted
bull (utual intent to enter into the contract
bull 6onsideration or offer ampan echange of promises each promise representing
something of valueCpayment of money is not essential
bull 6apacity to contract ampcan-t be a minor drun7 or crazyCenforceable by the drun7 if
the other party 7ne they ere intoicatedbull aful purpose 6ontract on-t be enforced if it is unlaful
An offer is a promise made by one person to another
)ot all contracts are in riting
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+ntil it is accepted the offer may be ithdran by the offeror unless it is madeepressly irrevocable by its terms
Irre4oca1le Offers =idders submit offers or tenders that have been madeirrevocable for a specific period of time At any point during that period the offer
may be accepted and a contract ill be formed
Option Contract This contract is another means of 7eeping an offer open for acertain period of timeampe The party purchasing the option may ant do eploration or7 for a period of time beforedeciding to spend a large sum of money on the property
EDuita1le Estoppel A udge can stoplt the strict terms of a contract from beingfolloed if it is proven that the terms had changed outside of the agreementampoften used hen etensions to deadlines are agreed upon and then the person tried to go bac7to the original ritten contract
Pursuant to contract la consideration ampor a seal must be present in order toma7e a change to a contract enforceable D otherise it is ust a promise not laThe courts protect the person in the situation here a promise is ta7en as fullagreement
Statute of Frauds Ensures that certain types of contracts must be in riting tobe enforceable
Rectification This order can be applied for to rectify a contract because of asecretarial or recording mista7e
)nilateral Mistae A mista7e made by only one party to a contract 6ourts illdecide hether a contractor ill be relieved of their mista7e
CHAPTER 8 Tenderin Issues Contract A
a of tendering in 6anada gives the principle that there are B separatecontracts that arise in the tendering process
0 Contract A D the contract of irrevocability ampthat deals ith the tenderingphase
B Contract D the construction contract ampapplies to the construction phase
The number of number of tenders submitted is the number of 6ontract A-s thatare formed
The original tender pac7age contents cannot be changed ithout notifyingeveryone or you are in =reach of 6ontract A
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CHAPTER 82 Contract Interpretation
Parties to a contract sometimes dispute the meaning of part of the contract Todifferent approaches can be ta7en hen interpreting contracts
bull i1eral Approac ta7es into account the intent of the parties and maylead to speculation on that intent
bull Strict Approac focuses on the precise ords in the agreement andmay rely on dictionary meanings
Contra Preferentem hen a contract is ambiguous or unclear it ill beinterpreted against the person that rote it up
Parol E4idence Rule hen verbal agreements outside of the ritten contractare included as rule in a contract n most cases if a condition is agreed uponverbally but is not included in the contract then the condition is not part of thecontract
Implied Terms hen the inclusion of obvious terms of a contract have beenoverloo7ed here it is reasonable implied terms may eist in a contract
CHAPTER 83 iscare of Contracts
There are several ays to discharge a contract
bull Performance hen all parties have completed their respectiveobligations the contract is at an end
bull Areement to iscare Parties in a contract are alays free to amend
the contract or agree to cancel or terminate the contract upon mutuallyagreed terms
bull iscare Pursuant to Epress Terms t is advised to include in acontract terms here all parties may terminate the contract if certainoutside events ere to occur ampe ban7ruptcy
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bull iscare 1$ Frustration hen changing unforeseeablecircumstances occur that may radically change the obligations of theparties
o Force Maeure Provides that the time for completion ill beetended in the event of ar riot flood labor dispute or other
events that are beyond the control of both parties
bull iscare 1$ reac of Contract ne party fail to perform obligations
o iscare 1$ Repudiation hen the party to a contract
epressly tells the other party that they have no intention ofperforming contractual obligations
CHAPTER 86 reac of Contract
f a party to a contract fails to perform obligations specified in the contract thenthat party has breached the contract
The innocent party is entitled to certain remedies depending on the nature of thebreach and the terms of the contract
Condition an obligation that is essential or vital to the contract5arrant$ an obligation that is NOT essential or vital to the contract
A =reach of 6ontract is a cause for discharge only if its effect is to render itpurposeless for the innocent party to proceed further ith performance
Repudiation hen the party to a contract epressly tells the other party thatthey have no intention of performing contractual obligations
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REMIIES
A nondefaulting party is entitled to damages for losses incurred as a result of abreach of contract
irect amaes Actual calculated difference in the cost of having to chooseone service over the other ampthe loest bid is chosen and then they refuse to do the or7so the second loest bid is chosen and the party sues for the monetary difference beteen theloest and second loest bid
Indirect amaes Are consequential to the breach and might include damagesfor lost profits or damages incurred if the contract is not fulfilled
iDuidated amaes Are preestimated damages if certain events ere tooccur that are ritten into the contract under a Penalty 6lause
ltuantum Meruit hen services have been requested and performed but nooutside agreement as reached beteen the parties as to hat payment ouldbe provided in return for the services then the courts can aard the person ithas much as is reasonably deservedlt for time spent and materials supplied
Su1stantial Compliance hen a contractor has substantially complied iththe terms of a contract yet failed to comply ith some minor aspect of thecontract The contractor ill be paid the contract price minus the cost ofdamages caused by the minor problems
Specific Performance hen the courts require a party to perform a contractual
obligation li7e the sale of land or a personal item
Inunction A court order that prohibits or restrains a party from performing anactCHAPTER 9 Fundamental reac
Applies to a contract that contains an eemption clause amphere parties limit theirliability if a breach of contract results and ma7es the eemption ineffective
CHAPTER 8 Areement etampeen Client and Enineer
A contract beteen a client and an engineer must include all of the essentialcontract elements
The document ill not specify the degree of care that is required of the engineerin carrying out the services =ut the engineer is liable for incompetence
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carelessness or negligence that results in damages to the client and for notperforming ith an ordinary and reasonable degree of care and s7ill
CHAPTER Concurrent ia1ilit$ in Tort and Contract
+nless otherise stated in a contract the standard of care epected of anengineer doing a ob is the same standard of care by hich an engineer-sperformance is measured in tort
3or a breach of contract there is a limitation period of I years from date of thebreach in hich to press charges instead of hen it is discovered
n tort the limitation period in hich to press charges starts hen the damagesare first detected
CHAPTER 3 Ar1itration and AR
A lasuit is not alays the best ay to resolve a dispute beteen contractingparties especially technical disputes
Ar1itration or Alternati4e ispute Resolution +AR- t is less costly and lesspublic than litigation
An engineer that is an arbitrator is epected to act impartially and independentlyof the parties to the dispute
The Arbitration Act deals ith the appointment of an arbitrator and sets out astructure or set of rules to govern the conduct of an arbitration unless the partiesagree that some other structure or rules ill apply
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The Act also gives arbitrators the urisdiction to aard preudgment and post udgment interests ust li7e the courts have under the 6ourts of 4ustice Act
Partnerin intended to respond to the need for improved attitudes amongstindustry participants to the importance of teamor7 on proects
This cooperative attitude should assist in resolving proect disputes at an earlystage
) TGAT) and A=TAT) result in a 4+G(E)T TgtAT $=))G
Proect Neutral (proGect manaement oerie) The companies appoint a
proect neutral usually an independent professional eperienced in the industryto be aare of developments on the proect ith a vie to offering unbiasedadvice and decisions
Mediation esolving disputes through the negotiating process involving amediator ho is to provide guidance and to facilitate the settlement process agobeteenlt in communicating proposed settlements
There is no udgmentL the parties need to or7 out their differences
CHAPTER BB Industrial Propert$
Industrial Propert$ Rits ights that generally relate to patents trademar7scopyrights and industrial design
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TRAEMARampS
A trade2mar is a ord symbol or design to distinguish the products or servicesof an organization or person from others t can also represent a reputation
Ordinar$ Mars ords or symbols that distinguish your product or service ampe Giddy+p
Certification Mars identify ares or services that meet a defined standardThey are oned by one person but licensed to others to identify ares orservices hich meet a defined standard ampe oolmar7 APEGGA seal
istinuisin uise identifies the unique shape of a product or its pac7ageampe eggs Egg
A trade name is the name under hich you conduct your business The tradename can be registered under the Trade(ar7s Act only if it is also used as aTrademar7 ampto identify products or services
RE$ISTERIN$ A TRAE2MARamp
The Reistered Trade2Mar is one that is entered on the Trademar7s registerou are not required to register your trademar7 if you use it for a certain lengthof time you can establish onership by 6ommon a
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bull egistration of your trademar7 gives you the eclusive right to use the mar7across Canada for 8 $ears then you have to rene it
bull t is recommended that you register your Trade(ar7 in case someone elsetries to use it
bull f you fail to use the mar7 for an etended period your registration may becancelled
bull ou can register a trademar7 by filing an application for registration ith theTrademar7s ffice our trade2mar must e used in Canada efore itcan e reistered+
RE$ISTRATION QALIFICATIONS
bull 6annot be primarily your full name or surname ampunless you can prove it is already
identified
bull ou may not register a ord that clearly describes a feature of the product orservice ampseet uicy
bull The ord cannot be clearly misleading ampdeceptively misdescriptive ampe sugarseet if it has no sugar
bull ou may not register a ord that clearly designates the place of origin of theproduct or service or if it misleads the public into thin7ing that the productcomes from there ampParis 3ashions Atlantic 6od but you can use )orth Pole =ananasbecause no one ould epect them to come from there
bull ou can use a disclaimer statement indicating that you are not claimingeclusive rights for certain ords appearing in the trademar7 n this ayyou can use clearly descriptive ords hich are unregisterable on their onampce 6ream in =ob-s ce 6ream
bull )ames of products in other languages cannot be registered ampurstlt is Germanfor sausage
bull 6annot be registered if it consists or a plant variety denomination
bull ou cannot use ords symbols sounds or ideas that are confusingly similar
to a registered trademar7 or a pending mar7 amp2ing og 3ood and 2ing 6at 3oodould be refused
bull ou cannot register a trademar7 that resembles certain official symbolsunless you have the consent of the authority in question
o fficial government symbols
o 3amily coats of arms
o =adges and crests or 6(P
o Emblems and names of ed 6ross or +)
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o 3lags of other countries
o $ymbols of provinces
=efore you try to register your trademar7 do a search and include trade namesas ell
After you have a registered trademar7 to 7eep it you mustLbull Pay the registration fees every 0H years
bull +se the trademar7 in 6anada or it ill be epunged
Assinment to sell or transfer your rights to a trademar7 to another party
Marin ReDuirements The Trade(ar7s Act does )T have anyrequirements but many oners indicate their registration through the folloingmar7s
983214 O registered trademar7
991522 O trademar7$( O service mar7
The Trade(ar7 ffice ill prevent anyone else from registering your trademar7but it is your responsibility to monitor the mar7etplace and ta7e legal action ifsomeone is using your trademar7
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PATENTS
A patent is
bull A document protecting the rights of the inventor
bull A repository of useful technical information for the public
The idea is to promote the sharing of technological information hile giving you amonopoly on your creation
ith a patent the government gives the inventor the right to eclude others fromma7ing or selling your invention
The invention is protected from the day the patent is granted to a maimum of =6ears after the day you filed your application
The Patent ffice then epects you to provide a full description of your inventionso that all 6anadians can benefit from this technology They allo your
application to be open gt montDs from the filing date during the con4ention priorit$ date
Patent applications are made pulic gt montDs after the 6anadian 3iling ate
ou must obtain a valid patent ithin 8 $ear of main te product pu1lic
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A 6anadian patent is only etended throughout 6anada ou must apply forpatent rights in other countries separately
t is important to 7eep your invention secret until your first patent application isfiled in order to preserve your rights to file later in most foreign countries
3or an invention to be patented it must be
bull NO0ET= 3irst in the orld
bull )TIIT= 3unctional and operative
bull INGEN)IT= $ho inventive ingenuity and not be obvious to someones7illed in that area
The folloing items are patentable
bull Product ampdoor loc7
bull A composition ampchemical composition li7e lubricant
bull An apparatus ampmachine to ma7e door loc7s
bull A process ampmethod
bull An improvement on any of these
The idea alone is not patentable t must be reduced to something physical
ou CANNOT patentbull A scientific principle
bull An abstract theorem
bull An idea
bull A method of doing businessbull A computer program
bull A medical treatmentn 6anada patents are given to the first inventor to file an application
f you invent something hile or7ing for an employer on the employer-s timeith the employer-s materials at the epense of the employer the inventionrights still belong to you unless you have been hired by the company to inventpatentable inventions
PATENT APPLICATION
+ $et a Patent Aent
+ Preliminar6 SearcD
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bull ou can do a preliminary search in the online database or visit the Patentffice in person
0+ Preparin tDe Patent Application
bull A patent application must consist ofo a1stract ampbrief description
o specification ampclaims and boundaries of protection
o draampins
3+ File 6our Application4+ Reuest eBamination5+ EBaminer does searcD and approes or oGects+lt+ Respond to an6 oGectionsgt+ Patent ranted or oGected+
CONENTION PRIORIT
(any countries belong to the Paris 6onvention for the Protection of ndustrialProperty
This treaty allos you to invo7e convention prioritylt hich means that your filingdate in one member country ill be recognized by all others provided you file inthose countries ithin the first year
ampe if you file in 6anada in 4anuary B111 you could file up to one year later in most countriesamp4anuary B110 and still receive the same rights as if you filed in B111
PATENT COOPERATION TREAT (PCT)
t provides a standardized international filing procedure for foreign patents hichis shared by our principal trading partners including the +$ 4apan and mostEuropean countriesou may file for a patent in as many as 01I member countries through a singleapplication filed in 6anada
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INSTRIAL ESI$N
An Industrial esin is the features of shape configuration pattern or ornamentapplied to a finished article made by hand tool or machine ampappealing to the eye
There is no time limit for filing an application as long as the design has neverbeen published ampmade public to anyone
ou must file ithin 6ear of going public ith your design or you ill lose youreclusive rights to the design
The advantage of registering your industrial design is that it gives you eclusive
right to your design for up to = 6ears from tDe date of reistration
+nless you register your design you can ma7e no legal claim of onership andhave no legal protection from imitation
nly the proprietor ampcreator of the design may obtain registration unless youhave been hired to develop a design Then the hirer is the proprietor
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Trade Secret industrial 7noho or valuable information acquired by abusiness t could be a
bull formula
bull pattern
bull device
bull compilation of info used to give you an advantage over the competitors
ou cannot registerbull That don-t have visual appeal
bull 3eatures that are hidden from vie or too small to appeal to the eye
bull A method of construction
bull An idea
bull (aterials used in construction
bull 3unction of an article
bull 6olor
ESI$N RE$ISTRATION
The application ill includebull Application forms ampdescription
bull At least one draing or photograph
bull 3ees
The process ill include
bull nitial processing
bull Eamination
bull egistration
ou do not have to mar7 your design in order to indicate that it is registered butmar7ing it gives you etra protection
As proprietor you may ta7e legal action against anyone ho infringes on yourdesign in 6anada but you must ta7e action ithin F years of the incident
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An 9assinment occurs hen you sell all or part of your rights in the designpermanently to another party
ou can 9license another user to allo someone else to use your design but
you still retain onership
To have your design protected in other countries you must apply separately ineach country
ou have 5 montDs to file for 9conention priorit6+ampe you apply to register in 6anada in 4anuary B111 then you have until 4uly B111 to file in other 6onvention countries and receive the same rights as if it ere 4anuary B111
LA FOR PROFESSIONAL EN$INEERS OOamp
CHAPTER 8 Te Canadian eal S$stem
The legal system of 6anada is based on the English common2lalt system andthe English courts of euit6lt system ampudgemade la and is calledCOMMON2LAlt
The 3ederal 6ourt of 6anada has urisdiction over federal matters such aspatents trademar7s and copyrights
Pu1lic aamp deals ith the rights and obligations of government ampcriminal and6onstitutional la
Pri4ate aamp deals ith the rights and obligations of individuals or private organizations ampCONTRACT AN TORT LA
Termsbull itigation lasuit
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bull Plaintiff party bringing the actionbull efendant party defending the actionbull Appellant party appealing the decisionbull espondent party see7ing to uphold a decisionbull Privity of contract legal relationship beteen parties to a contract
bull 6reditor party to hom an amount is oingbull ebtor party that oes an amount to creditor bull $uarantee A guarantees = the debt of 6omp amphen = doesn-t get paid
= goes to 6omp first then to A
bull Indemnification a promise to directly compensate or reimburseanother party for a loss or cost incurred f Aindemnifies = the debt of 6omp amphen = doesn-t get paid =goes directly to A
CHAPTER usiness Oraniations
Sole Proprietorsip an individual carries on business by and for himself andalso enoys the profits and incurs any losses personally
Partnersip an association of persons ho conduct business in common ith avie to profit ndividuals or organizations share profits and losses
Corporation an entity unto itself distinct from its oners ampfictitious personThe corporation itself ons its assets and incurs its on liabilities
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CHAPTER B International Considerations
t is etremely important to obtain advice from an appropriately eperiencedlayer in the foreign country or have the advice of a consultant in that countryt is ise to purchase political ris7 insurance and to use careful udgment together ith a local influential partner
$ome potential ris7s of or7ing internationally are
bull Political Ris is one of the more obvious ris7 factors in or7inginternationally The 6hanges in government can lead to significant policychanges
bull Licensin reuirements and obtaining necessary permits and approvalsin a foreign country under different legal systems can be timeconsuming
bull Financial Riss due to currency echange and controls or restrictions onthe transfer of funds out of the country
bull Contract documents and forms used on proects may be different
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CHAPTER gt Tort ia1ilit$
Tort8 generally refers to a private or civil rong or inury one that involvesnegligence and that may arise independently of contract ampcar driver and victim
amphich includes financial loss hen based on a professional-s opinion
The fundamental purpose of tort la is to compensate ictims of tortsPunishment of negligent rongdoers IS NOT a purpose of tort la
Professional liability insurance should provide protection if an engineer-snegligence results in damage arising in tort
n order to satisfy the courts that compensation should be made the plaintiff in atort action must prove that
bull The defendant oed the plaintiff a duty of care
bull The defendant breached that duty by his conduct
bull The defendant-s conduct caused the inury to the plaintiff
f any 0 of these F aspects is not proven to the satisfaction of the courts theplaintiff ill not in
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A significant factor in a tort action is the establishment of the standard of carerequired of the defendant
The standard is applied based on the premise that engineers have a duty to use
the reasonable care and s7ill of engineers of ordinary competence Thereasonable carelt is measured by applicable professional standards of theengineering profession at the time the services ere performed
Strict ia1ilit$ manufacturers and employers are held strictly liable hen faultis not necessary if compensation is to be provided ampnot yet upheld in 6anadaampe All employees ma7e contributions on behalf of employees and if someone is inuredcompensation is provided ith no finding of faultampe A manufacturer may be strictl6 lialelt if for any damages that result from the use of theirproduct
0icarious ia1ilit$ The employer is responsible for damaged caused by its
employees The employer provides compensation because it is presumed thatthe employer is in a better financial position than the employee
Concurrent Tortfeasors hen more than one party is liable in a tort actionThe defendant-s together are called concurrent tortfeasors
Products ia1ilit$ The plaintiff must be able to establish that damage hasclearly resulted from appropriate use of a product and the defendantmanufacturer must then persuade the court that at the time the manufacturercould not have foreseen the defective nature of the goods manufactured6anada has not yet ta7en a strict liability approach on products as the +$ has
Products liability has developed through principles of both contract la and tortla The tort concept of fault has been applied and implied contractualarranties that the product is effective and the contract of a sale must also eist
n productsliability matters economic losses ampin the absence of physical inurymay in some circumstances be recoverable
Standards of Care and ut$ to 5arn A manufacturer must arn theconsumer of any dangerous potential of the product by appropriate labeling
Oter Tortsbull Tort of defamation8 ampif the statements that damage the reputation are true there is
no liability
o ibel D in riting
o $lander D verbal
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bull Occupiers Liailit68 The occupier of a property must eercise therequired standard of care to ensure the safety of individuals coming ontothat property
bull Tort of Nuisance8 esigned to alleviate undue interference ith the
comfortable and convenient enoyment of the plaintiff-s landampe insecticide spray drifting onto other land
CHAPTER Proof
The burden of proof is on the plaintiff to prove the case against the defendant
Engineers often find themselves ma7ing appearances as eBpert itnesses incourt
The epert is permitted to epress opinions ith respect to his or her area ofepertise and the itness should be cautious and restrict testimony to such
area
ou ill be hired by one side and crosseamined by counsel from the otherparty
Preparation is of the utmost importance in litigation The epert itness shouldclearly understand the issues in the lasuit and be aare of the scope ofquestions that can be reasonably epected
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CHAPTER 28 Contracts
3or a contract to be binding and enforceable the folloing elements must bepresent
bull An offer made and accepted
bull (utual intent to enter into the contract
bull 6onsideration or offer ampan echange of promises each promise representing
something of valueCpayment of money is not essential
bull 6apacity to contract ampcan-t be a minor drun7 or crazyCenforceable by the drun7 if
the other party 7ne they ere intoicatedbull aful purpose 6ontract on-t be enforced if it is unlaful
An offer is a promise made by one person to another
)ot all contracts are in riting
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+ntil it is accepted the offer may be ithdran by the offeror unless it is madeepressly irrevocable by its terms
Irre4oca1le Offers =idders submit offers or tenders that have been madeirrevocable for a specific period of time At any point during that period the offer
may be accepted and a contract ill be formed
Option Contract This contract is another means of 7eeping an offer open for acertain period of timeampe The party purchasing the option may ant do eploration or7 for a period of time beforedeciding to spend a large sum of money on the property
EDuita1le Estoppel A udge can stoplt the strict terms of a contract from beingfolloed if it is proven that the terms had changed outside of the agreementampoften used hen etensions to deadlines are agreed upon and then the person tried to go bac7to the original ritten contract
Pursuant to contract la consideration ampor a seal must be present in order toma7e a change to a contract enforceable D otherise it is ust a promise not laThe courts protect the person in the situation here a promise is ta7en as fullagreement
Statute of Frauds Ensures that certain types of contracts must be in riting tobe enforceable
Rectification This order can be applied for to rectify a contract because of asecretarial or recording mista7e
)nilateral Mistae A mista7e made by only one party to a contract 6ourts illdecide hether a contractor ill be relieved of their mista7e
CHAPTER 8 Tenderin Issues Contract A
a of tendering in 6anada gives the principle that there are B separatecontracts that arise in the tendering process
0 Contract A D the contract of irrevocability ampthat deals ith the tenderingphase
B Contract D the construction contract ampapplies to the construction phase
The number of number of tenders submitted is the number of 6ontract A-s thatare formed
The original tender pac7age contents cannot be changed ithout notifyingeveryone or you are in =reach of 6ontract A
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CHAPTER 82 Contract Interpretation
Parties to a contract sometimes dispute the meaning of part of the contract Todifferent approaches can be ta7en hen interpreting contracts
bull i1eral Approac ta7es into account the intent of the parties and maylead to speculation on that intent
bull Strict Approac focuses on the precise ords in the agreement andmay rely on dictionary meanings
Contra Preferentem hen a contract is ambiguous or unclear it ill beinterpreted against the person that rote it up
Parol E4idence Rule hen verbal agreements outside of the ritten contractare included as rule in a contract n most cases if a condition is agreed uponverbally but is not included in the contract then the condition is not part of thecontract
Implied Terms hen the inclusion of obvious terms of a contract have beenoverloo7ed here it is reasonable implied terms may eist in a contract
CHAPTER 83 iscare of Contracts
There are several ays to discharge a contract
bull Performance hen all parties have completed their respectiveobligations the contract is at an end
bull Areement to iscare Parties in a contract are alays free to amend
the contract or agree to cancel or terminate the contract upon mutuallyagreed terms
bull iscare Pursuant to Epress Terms t is advised to include in acontract terms here all parties may terminate the contract if certainoutside events ere to occur ampe ban7ruptcy
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bull iscare 1$ Frustration hen changing unforeseeablecircumstances occur that may radically change the obligations of theparties
o Force Maeure Provides that the time for completion ill beetended in the event of ar riot flood labor dispute or other
events that are beyond the control of both parties
bull iscare 1$ reac of Contract ne party fail to perform obligations
o iscare 1$ Repudiation hen the party to a contract
epressly tells the other party that they have no intention ofperforming contractual obligations
CHAPTER 86 reac of Contract
f a party to a contract fails to perform obligations specified in the contract thenthat party has breached the contract
The innocent party is entitled to certain remedies depending on the nature of thebreach and the terms of the contract
Condition an obligation that is essential or vital to the contract5arrant$ an obligation that is NOT essential or vital to the contract
A =reach of 6ontract is a cause for discharge only if its effect is to render itpurposeless for the innocent party to proceed further ith performance
Repudiation hen the party to a contract epressly tells the other party thatthey have no intention of performing contractual obligations
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REMIIES
A nondefaulting party is entitled to damages for losses incurred as a result of abreach of contract
irect amaes Actual calculated difference in the cost of having to chooseone service over the other ampthe loest bid is chosen and then they refuse to do the or7so the second loest bid is chosen and the party sues for the monetary difference beteen theloest and second loest bid
Indirect amaes Are consequential to the breach and might include damagesfor lost profits or damages incurred if the contract is not fulfilled
iDuidated amaes Are preestimated damages if certain events ere tooccur that are ritten into the contract under a Penalty 6lause
ltuantum Meruit hen services have been requested and performed but nooutside agreement as reached beteen the parties as to hat payment ouldbe provided in return for the services then the courts can aard the person ithas much as is reasonably deservedlt for time spent and materials supplied
Su1stantial Compliance hen a contractor has substantially complied iththe terms of a contract yet failed to comply ith some minor aspect of thecontract The contractor ill be paid the contract price minus the cost ofdamages caused by the minor problems
Specific Performance hen the courts require a party to perform a contractual
obligation li7e the sale of land or a personal item
Inunction A court order that prohibits or restrains a party from performing anactCHAPTER 9 Fundamental reac
Applies to a contract that contains an eemption clause amphere parties limit theirliability if a breach of contract results and ma7es the eemption ineffective
CHAPTER 8 Areement etampeen Client and Enineer
A contract beteen a client and an engineer must include all of the essentialcontract elements
The document ill not specify the degree of care that is required of the engineerin carrying out the services =ut the engineer is liable for incompetence
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carelessness or negligence that results in damages to the client and for notperforming ith an ordinary and reasonable degree of care and s7ill
CHAPTER Concurrent ia1ilit$ in Tort and Contract
+nless otherise stated in a contract the standard of care epected of anengineer doing a ob is the same standard of care by hich an engineer-sperformance is measured in tort
3or a breach of contract there is a limitation period of I years from date of thebreach in hich to press charges instead of hen it is discovered
n tort the limitation period in hich to press charges starts hen the damagesare first detected
CHAPTER 3 Ar1itration and AR
A lasuit is not alays the best ay to resolve a dispute beteen contractingparties especially technical disputes
Ar1itration or Alternati4e ispute Resolution +AR- t is less costly and lesspublic than litigation
An engineer that is an arbitrator is epected to act impartially and independentlyof the parties to the dispute
The Arbitration Act deals ith the appointment of an arbitrator and sets out astructure or set of rules to govern the conduct of an arbitration unless the partiesagree that some other structure or rules ill apply
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The Act also gives arbitrators the urisdiction to aard preudgment and post udgment interests ust li7e the courts have under the 6ourts of 4ustice Act
Partnerin intended to respond to the need for improved attitudes amongstindustry participants to the importance of teamor7 on proects
This cooperative attitude should assist in resolving proect disputes at an earlystage
) TGAT) and A=TAT) result in a 4+G(E)T TgtAT $=))G
Proect Neutral (proGect manaement oerie) The companies appoint a
proect neutral usually an independent professional eperienced in the industryto be aare of developments on the proect ith a vie to offering unbiasedadvice and decisions
Mediation esolving disputes through the negotiating process involving amediator ho is to provide guidance and to facilitate the settlement process agobeteenlt in communicating proposed settlements
There is no udgmentL the parties need to or7 out their differences
CHAPTER BB Industrial Propert$
Industrial Propert$ Rits ights that generally relate to patents trademar7scopyrights and industrial design
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bull egistration of your trademar7 gives you the eclusive right to use the mar7across Canada for 8 $ears then you have to rene it
bull t is recommended that you register your Trade(ar7 in case someone elsetries to use it
bull f you fail to use the mar7 for an etended period your registration may becancelled
bull ou can register a trademar7 by filing an application for registration ith theTrademar7s ffice our trade2mar must e used in Canada efore itcan e reistered+
RE$ISTRATION QALIFICATIONS
bull 6annot be primarily your full name or surname ampunless you can prove it is already
identified
bull ou may not register a ord that clearly describes a feature of the product orservice ampseet uicy
bull The ord cannot be clearly misleading ampdeceptively misdescriptive ampe sugarseet if it has no sugar
bull ou may not register a ord that clearly designates the place of origin of theproduct or service or if it misleads the public into thin7ing that the productcomes from there ampParis 3ashions Atlantic 6od but you can use )orth Pole =ananasbecause no one ould epect them to come from there
bull ou can use a disclaimer statement indicating that you are not claimingeclusive rights for certain ords appearing in the trademar7 n this ayyou can use clearly descriptive ords hich are unregisterable on their onampce 6ream in =ob-s ce 6ream
bull )ames of products in other languages cannot be registered ampurstlt is Germanfor sausage
bull 6annot be registered if it consists or a plant variety denomination
bull ou cannot use ords symbols sounds or ideas that are confusingly similar
to a registered trademar7 or a pending mar7 amp2ing og 3ood and 2ing 6at 3oodould be refused
bull ou cannot register a trademar7 that resembles certain official symbolsunless you have the consent of the authority in question
o fficial government symbols
o 3amily coats of arms
o =adges and crests or 6(P
o Emblems and names of ed 6ross or +)
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o 3lags of other countries
o $ymbols of provinces
=efore you try to register your trademar7 do a search and include trade namesas ell
After you have a registered trademar7 to 7eep it you mustLbull Pay the registration fees every 0H years
bull +se the trademar7 in 6anada or it ill be epunged
Assinment to sell or transfer your rights to a trademar7 to another party
Marin ReDuirements The Trade(ar7s Act does )T have anyrequirements but many oners indicate their registration through the folloingmar7s
983214 O registered trademar7
991522 O trademar7$( O service mar7
The Trade(ar7 ffice ill prevent anyone else from registering your trademar7but it is your responsibility to monitor the mar7etplace and ta7e legal action ifsomeone is using your trademar7
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PATENTS
A patent is
bull A document protecting the rights of the inventor
bull A repository of useful technical information for the public
The idea is to promote the sharing of technological information hile giving you amonopoly on your creation
ith a patent the government gives the inventor the right to eclude others fromma7ing or selling your invention
The invention is protected from the day the patent is granted to a maimum of =6ears after the day you filed your application
The Patent ffice then epects you to provide a full description of your inventionso that all 6anadians can benefit from this technology They allo your
application to be open gt montDs from the filing date during the con4ention priorit$ date
Patent applications are made pulic gt montDs after the 6anadian 3iling ate
ou must obtain a valid patent ithin 8 $ear of main te product pu1lic
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A 6anadian patent is only etended throughout 6anada ou must apply forpatent rights in other countries separately
t is important to 7eep your invention secret until your first patent application isfiled in order to preserve your rights to file later in most foreign countries
3or an invention to be patented it must be
bull NO0ET= 3irst in the orld
bull )TIIT= 3unctional and operative
bull INGEN)IT= $ho inventive ingenuity and not be obvious to someones7illed in that area
The folloing items are patentable
bull Product ampdoor loc7
bull A composition ampchemical composition li7e lubricant
bull An apparatus ampmachine to ma7e door loc7s
bull A process ampmethod
bull An improvement on any of these
The idea alone is not patentable t must be reduced to something physical
ou CANNOT patentbull A scientific principle
bull An abstract theorem
bull An idea
bull A method of doing businessbull A computer program
bull A medical treatmentn 6anada patents are given to the first inventor to file an application
f you invent something hile or7ing for an employer on the employer-s timeith the employer-s materials at the epense of the employer the inventionrights still belong to you unless you have been hired by the company to inventpatentable inventions
PATENT APPLICATION
+ $et a Patent Aent
+ Preliminar6 SearcD
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bull ou can do a preliminary search in the online database or visit the Patentffice in person
0+ Preparin tDe Patent Application
bull A patent application must consist ofo a1stract ampbrief description
o specification ampclaims and boundaries of protection
o draampins
3+ File 6our Application4+ Reuest eBamination5+ EBaminer does searcD and approes or oGects+lt+ Respond to an6 oGectionsgt+ Patent ranted or oGected+
CONENTION PRIORIT
(any countries belong to the Paris 6onvention for the Protection of ndustrialProperty
This treaty allos you to invo7e convention prioritylt hich means that your filingdate in one member country ill be recognized by all others provided you file inthose countries ithin the first year
ampe if you file in 6anada in 4anuary B111 you could file up to one year later in most countriesamp4anuary B110 and still receive the same rights as if you filed in B111
PATENT COOPERATION TREAT (PCT)
t provides a standardized international filing procedure for foreign patents hichis shared by our principal trading partners including the +$ 4apan and mostEuropean countriesou may file for a patent in as many as 01I member countries through a singleapplication filed in 6anada
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INSTRIAL ESI$N
An Industrial esin is the features of shape configuration pattern or ornamentapplied to a finished article made by hand tool or machine ampappealing to the eye
There is no time limit for filing an application as long as the design has neverbeen published ampmade public to anyone
ou must file ithin 6ear of going public ith your design or you ill lose youreclusive rights to the design
The advantage of registering your industrial design is that it gives you eclusive
right to your design for up to = 6ears from tDe date of reistration
+nless you register your design you can ma7e no legal claim of onership andhave no legal protection from imitation
nly the proprietor ampcreator of the design may obtain registration unless youhave been hired to develop a design Then the hirer is the proprietor
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Trade Secret industrial 7noho or valuable information acquired by abusiness t could be a
bull formula
bull pattern
bull device
bull compilation of info used to give you an advantage over the competitors
ou cannot registerbull That don-t have visual appeal
bull 3eatures that are hidden from vie or too small to appeal to the eye
bull A method of construction
bull An idea
bull (aterials used in construction
bull 3unction of an article
bull 6olor
ESI$N RE$ISTRATION
The application ill includebull Application forms ampdescription
bull At least one draing or photograph
bull 3ees
The process ill include
bull nitial processing
bull Eamination
bull egistration
ou do not have to mar7 your design in order to indicate that it is registered butmar7ing it gives you etra protection
As proprietor you may ta7e legal action against anyone ho infringes on yourdesign in 6anada but you must ta7e action ithin F years of the incident
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An 9assinment occurs hen you sell all or part of your rights in the designpermanently to another party
ou can 9license another user to allo someone else to use your design but
you still retain onership
To have your design protected in other countries you must apply separately ineach country
ou have 5 montDs to file for 9conention priorit6+ampe you apply to register in 6anada in 4anuary B111 then you have until 4uly B111 to file in other 6onvention countries and receive the same rights as if it ere 4anuary B111
LA FOR PROFESSIONAL EN$INEERS OOamp
CHAPTER 8 Te Canadian eal S$stem
The legal system of 6anada is based on the English common2lalt system andthe English courts of euit6lt system ampudgemade la and is calledCOMMON2LAlt
The 3ederal 6ourt of 6anada has urisdiction over federal matters such aspatents trademar7s and copyrights
Pu1lic aamp deals ith the rights and obligations of government ampcriminal and6onstitutional la
Pri4ate aamp deals ith the rights and obligations of individuals or private organizations ampCONTRACT AN TORT LA
Termsbull itigation lasuit
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bull Plaintiff party bringing the actionbull efendant party defending the actionbull Appellant party appealing the decisionbull espondent party see7ing to uphold a decisionbull Privity of contract legal relationship beteen parties to a contract
bull 6reditor party to hom an amount is oingbull ebtor party that oes an amount to creditor bull $uarantee A guarantees = the debt of 6omp amphen = doesn-t get paid
= goes to 6omp first then to A
bull Indemnification a promise to directly compensate or reimburseanother party for a loss or cost incurred f Aindemnifies = the debt of 6omp amphen = doesn-t get paid =goes directly to A
CHAPTER usiness Oraniations
Sole Proprietorsip an individual carries on business by and for himself andalso enoys the profits and incurs any losses personally
Partnersip an association of persons ho conduct business in common ith avie to profit ndividuals or organizations share profits and losses
Corporation an entity unto itself distinct from its oners ampfictitious personThe corporation itself ons its assets and incurs its on liabilities
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CHAPTER B International Considerations
t is etremely important to obtain advice from an appropriately eperiencedlayer in the foreign country or have the advice of a consultant in that countryt is ise to purchase political ris7 insurance and to use careful udgment together ith a local influential partner
$ome potential ris7s of or7ing internationally are
bull Political Ris is one of the more obvious ris7 factors in or7inginternationally The 6hanges in government can lead to significant policychanges
bull Licensin reuirements and obtaining necessary permits and approvalsin a foreign country under different legal systems can be timeconsuming
bull Financial Riss due to currency echange and controls or restrictions onthe transfer of funds out of the country
bull Contract documents and forms used on proects may be different
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CHAPTER gt Tort ia1ilit$
Tort8 generally refers to a private or civil rong or inury one that involvesnegligence and that may arise independently of contract ampcar driver and victim
amphich includes financial loss hen based on a professional-s opinion
The fundamental purpose of tort la is to compensate ictims of tortsPunishment of negligent rongdoers IS NOT a purpose of tort la
Professional liability insurance should provide protection if an engineer-snegligence results in damage arising in tort
n order to satisfy the courts that compensation should be made the plaintiff in atort action must prove that
bull The defendant oed the plaintiff a duty of care
bull The defendant breached that duty by his conduct
bull The defendant-s conduct caused the inury to the plaintiff
f any 0 of these F aspects is not proven to the satisfaction of the courts theplaintiff ill not in
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A significant factor in a tort action is the establishment of the standard of carerequired of the defendant
The standard is applied based on the premise that engineers have a duty to use
the reasonable care and s7ill of engineers of ordinary competence Thereasonable carelt is measured by applicable professional standards of theengineering profession at the time the services ere performed
Strict ia1ilit$ manufacturers and employers are held strictly liable hen faultis not necessary if compensation is to be provided ampnot yet upheld in 6anadaampe All employees ma7e contributions on behalf of employees and if someone is inuredcompensation is provided ith no finding of faultampe A manufacturer may be strictl6 lialelt if for any damages that result from the use of theirproduct
0icarious ia1ilit$ The employer is responsible for damaged caused by its
employees The employer provides compensation because it is presumed thatthe employer is in a better financial position than the employee
Concurrent Tortfeasors hen more than one party is liable in a tort actionThe defendant-s together are called concurrent tortfeasors
Products ia1ilit$ The plaintiff must be able to establish that damage hasclearly resulted from appropriate use of a product and the defendantmanufacturer must then persuade the court that at the time the manufacturercould not have foreseen the defective nature of the goods manufactured6anada has not yet ta7en a strict liability approach on products as the +$ has
Products liability has developed through principles of both contract la and tortla The tort concept of fault has been applied and implied contractualarranties that the product is effective and the contract of a sale must also eist
n productsliability matters economic losses ampin the absence of physical inurymay in some circumstances be recoverable
Standards of Care and ut$ to 5arn A manufacturer must arn theconsumer of any dangerous potential of the product by appropriate labeling
Oter Tortsbull Tort of defamation8 ampif the statements that damage the reputation are true there is
no liability
o ibel D in riting
o $lander D verbal
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bull Occupiers Liailit68 The occupier of a property must eercise therequired standard of care to ensure the safety of individuals coming ontothat property
bull Tort of Nuisance8 esigned to alleviate undue interference ith the
comfortable and convenient enoyment of the plaintiff-s landampe insecticide spray drifting onto other land
CHAPTER Proof
The burden of proof is on the plaintiff to prove the case against the defendant
Engineers often find themselves ma7ing appearances as eBpert itnesses incourt
The epert is permitted to epress opinions ith respect to his or her area ofepertise and the itness should be cautious and restrict testimony to such
area
ou ill be hired by one side and crosseamined by counsel from the otherparty
Preparation is of the utmost importance in litigation The epert itness shouldclearly understand the issues in the lasuit and be aare of the scope ofquestions that can be reasonably epected
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CHAPTER 28 Contracts
3or a contract to be binding and enforceable the folloing elements must bepresent
bull An offer made and accepted
bull (utual intent to enter into the contract
bull 6onsideration or offer ampan echange of promises each promise representing
something of valueCpayment of money is not essential
bull 6apacity to contract ampcan-t be a minor drun7 or crazyCenforceable by the drun7 if
the other party 7ne they ere intoicatedbull aful purpose 6ontract on-t be enforced if it is unlaful
An offer is a promise made by one person to another
)ot all contracts are in riting
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+ntil it is accepted the offer may be ithdran by the offeror unless it is madeepressly irrevocable by its terms
Irre4oca1le Offers =idders submit offers or tenders that have been madeirrevocable for a specific period of time At any point during that period the offer
may be accepted and a contract ill be formed
Option Contract This contract is another means of 7eeping an offer open for acertain period of timeampe The party purchasing the option may ant do eploration or7 for a period of time beforedeciding to spend a large sum of money on the property
EDuita1le Estoppel A udge can stoplt the strict terms of a contract from beingfolloed if it is proven that the terms had changed outside of the agreementampoften used hen etensions to deadlines are agreed upon and then the person tried to go bac7to the original ritten contract
Pursuant to contract la consideration ampor a seal must be present in order toma7e a change to a contract enforceable D otherise it is ust a promise not laThe courts protect the person in the situation here a promise is ta7en as fullagreement
Statute of Frauds Ensures that certain types of contracts must be in riting tobe enforceable
Rectification This order can be applied for to rectify a contract because of asecretarial or recording mista7e
)nilateral Mistae A mista7e made by only one party to a contract 6ourts illdecide hether a contractor ill be relieved of their mista7e
CHAPTER 8 Tenderin Issues Contract A
a of tendering in 6anada gives the principle that there are B separatecontracts that arise in the tendering process
0 Contract A D the contract of irrevocability ampthat deals ith the tenderingphase
B Contract D the construction contract ampapplies to the construction phase
The number of number of tenders submitted is the number of 6ontract A-s thatare formed
The original tender pac7age contents cannot be changed ithout notifyingeveryone or you are in =reach of 6ontract A
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CHAPTER 82 Contract Interpretation
Parties to a contract sometimes dispute the meaning of part of the contract Todifferent approaches can be ta7en hen interpreting contracts
bull i1eral Approac ta7es into account the intent of the parties and maylead to speculation on that intent
bull Strict Approac focuses on the precise ords in the agreement andmay rely on dictionary meanings
Contra Preferentem hen a contract is ambiguous or unclear it ill beinterpreted against the person that rote it up
Parol E4idence Rule hen verbal agreements outside of the ritten contractare included as rule in a contract n most cases if a condition is agreed uponverbally but is not included in the contract then the condition is not part of thecontract
Implied Terms hen the inclusion of obvious terms of a contract have beenoverloo7ed here it is reasonable implied terms may eist in a contract
CHAPTER 83 iscare of Contracts
There are several ays to discharge a contract
bull Performance hen all parties have completed their respectiveobligations the contract is at an end
bull Areement to iscare Parties in a contract are alays free to amend
the contract or agree to cancel or terminate the contract upon mutuallyagreed terms
bull iscare Pursuant to Epress Terms t is advised to include in acontract terms here all parties may terminate the contract if certainoutside events ere to occur ampe ban7ruptcy
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bull iscare 1$ Frustration hen changing unforeseeablecircumstances occur that may radically change the obligations of theparties
o Force Maeure Provides that the time for completion ill beetended in the event of ar riot flood labor dispute or other
events that are beyond the control of both parties
bull iscare 1$ reac of Contract ne party fail to perform obligations
o iscare 1$ Repudiation hen the party to a contract
epressly tells the other party that they have no intention ofperforming contractual obligations
CHAPTER 86 reac of Contract
f a party to a contract fails to perform obligations specified in the contract thenthat party has breached the contract
The innocent party is entitled to certain remedies depending on the nature of thebreach and the terms of the contract
Condition an obligation that is essential or vital to the contract5arrant$ an obligation that is NOT essential or vital to the contract
A =reach of 6ontract is a cause for discharge only if its effect is to render itpurposeless for the innocent party to proceed further ith performance
Repudiation hen the party to a contract epressly tells the other party thatthey have no intention of performing contractual obligations
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REMIIES
A nondefaulting party is entitled to damages for losses incurred as a result of abreach of contract
irect amaes Actual calculated difference in the cost of having to chooseone service over the other ampthe loest bid is chosen and then they refuse to do the or7so the second loest bid is chosen and the party sues for the monetary difference beteen theloest and second loest bid
Indirect amaes Are consequential to the breach and might include damagesfor lost profits or damages incurred if the contract is not fulfilled
iDuidated amaes Are preestimated damages if certain events ere tooccur that are ritten into the contract under a Penalty 6lause
ltuantum Meruit hen services have been requested and performed but nooutside agreement as reached beteen the parties as to hat payment ouldbe provided in return for the services then the courts can aard the person ithas much as is reasonably deservedlt for time spent and materials supplied
Su1stantial Compliance hen a contractor has substantially complied iththe terms of a contract yet failed to comply ith some minor aspect of thecontract The contractor ill be paid the contract price minus the cost ofdamages caused by the minor problems
Specific Performance hen the courts require a party to perform a contractual
obligation li7e the sale of land or a personal item
Inunction A court order that prohibits or restrains a party from performing anactCHAPTER 9 Fundamental reac
Applies to a contract that contains an eemption clause amphere parties limit theirliability if a breach of contract results and ma7es the eemption ineffective
CHAPTER 8 Areement etampeen Client and Enineer
A contract beteen a client and an engineer must include all of the essentialcontract elements
The document ill not specify the degree of care that is required of the engineerin carrying out the services =ut the engineer is liable for incompetence
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carelessness or negligence that results in damages to the client and for notperforming ith an ordinary and reasonable degree of care and s7ill
CHAPTER Concurrent ia1ilit$ in Tort and Contract
+nless otherise stated in a contract the standard of care epected of anengineer doing a ob is the same standard of care by hich an engineer-sperformance is measured in tort
3or a breach of contract there is a limitation period of I years from date of thebreach in hich to press charges instead of hen it is discovered
n tort the limitation period in hich to press charges starts hen the damagesare first detected
CHAPTER 3 Ar1itration and AR
A lasuit is not alays the best ay to resolve a dispute beteen contractingparties especially technical disputes
Ar1itration or Alternati4e ispute Resolution +AR- t is less costly and lesspublic than litigation
An engineer that is an arbitrator is epected to act impartially and independentlyof the parties to the dispute
The Arbitration Act deals ith the appointment of an arbitrator and sets out astructure or set of rules to govern the conduct of an arbitration unless the partiesagree that some other structure or rules ill apply
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The Act also gives arbitrators the urisdiction to aard preudgment and post udgment interests ust li7e the courts have under the 6ourts of 4ustice Act
Partnerin intended to respond to the need for improved attitudes amongstindustry participants to the importance of teamor7 on proects
This cooperative attitude should assist in resolving proect disputes at an earlystage
) TGAT) and A=TAT) result in a 4+G(E)T TgtAT $=))G
Proect Neutral (proGect manaement oerie) The companies appoint a
proect neutral usually an independent professional eperienced in the industryto be aare of developments on the proect ith a vie to offering unbiasedadvice and decisions
Mediation esolving disputes through the negotiating process involving amediator ho is to provide guidance and to facilitate the settlement process agobeteenlt in communicating proposed settlements
There is no udgmentL the parties need to or7 out their differences
CHAPTER BB Industrial Propert$
Industrial Propert$ Rits ights that generally relate to patents trademar7scopyrights and industrial design
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o 3lags of other countries
o $ymbols of provinces
=efore you try to register your trademar7 do a search and include trade namesas ell
After you have a registered trademar7 to 7eep it you mustLbull Pay the registration fees every 0H years
bull +se the trademar7 in 6anada or it ill be epunged
Assinment to sell or transfer your rights to a trademar7 to another party
Marin ReDuirements The Trade(ar7s Act does )T have anyrequirements but many oners indicate their registration through the folloingmar7s
983214 O registered trademar7
991522 O trademar7$( O service mar7
The Trade(ar7 ffice ill prevent anyone else from registering your trademar7but it is your responsibility to monitor the mar7etplace and ta7e legal action ifsomeone is using your trademar7
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PATENTS
A patent is
bull A document protecting the rights of the inventor
bull A repository of useful technical information for the public
The idea is to promote the sharing of technological information hile giving you amonopoly on your creation
ith a patent the government gives the inventor the right to eclude others fromma7ing or selling your invention
The invention is protected from the day the patent is granted to a maimum of =6ears after the day you filed your application
The Patent ffice then epects you to provide a full description of your inventionso that all 6anadians can benefit from this technology They allo your
application to be open gt montDs from the filing date during the con4ention priorit$ date
Patent applications are made pulic gt montDs after the 6anadian 3iling ate
ou must obtain a valid patent ithin 8 $ear of main te product pu1lic
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A 6anadian patent is only etended throughout 6anada ou must apply forpatent rights in other countries separately
t is important to 7eep your invention secret until your first patent application isfiled in order to preserve your rights to file later in most foreign countries
3or an invention to be patented it must be
bull NO0ET= 3irst in the orld
bull )TIIT= 3unctional and operative
bull INGEN)IT= $ho inventive ingenuity and not be obvious to someones7illed in that area
The folloing items are patentable
bull Product ampdoor loc7
bull A composition ampchemical composition li7e lubricant
bull An apparatus ampmachine to ma7e door loc7s
bull A process ampmethod
bull An improvement on any of these
The idea alone is not patentable t must be reduced to something physical
ou CANNOT patentbull A scientific principle
bull An abstract theorem
bull An idea
bull A method of doing businessbull A computer program
bull A medical treatmentn 6anada patents are given to the first inventor to file an application
f you invent something hile or7ing for an employer on the employer-s timeith the employer-s materials at the epense of the employer the inventionrights still belong to you unless you have been hired by the company to inventpatentable inventions
PATENT APPLICATION
+ $et a Patent Aent
+ Preliminar6 SearcD
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bull ou can do a preliminary search in the online database or visit the Patentffice in person
0+ Preparin tDe Patent Application
bull A patent application must consist ofo a1stract ampbrief description
o specification ampclaims and boundaries of protection
o draampins
3+ File 6our Application4+ Reuest eBamination5+ EBaminer does searcD and approes or oGects+lt+ Respond to an6 oGectionsgt+ Patent ranted or oGected+
CONENTION PRIORIT
(any countries belong to the Paris 6onvention for the Protection of ndustrialProperty
This treaty allos you to invo7e convention prioritylt hich means that your filingdate in one member country ill be recognized by all others provided you file inthose countries ithin the first year
ampe if you file in 6anada in 4anuary B111 you could file up to one year later in most countriesamp4anuary B110 and still receive the same rights as if you filed in B111
PATENT COOPERATION TREAT (PCT)
t provides a standardized international filing procedure for foreign patents hichis shared by our principal trading partners including the +$ 4apan and mostEuropean countriesou may file for a patent in as many as 01I member countries through a singleapplication filed in 6anada
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INSTRIAL ESI$N
An Industrial esin is the features of shape configuration pattern or ornamentapplied to a finished article made by hand tool or machine ampappealing to the eye
There is no time limit for filing an application as long as the design has neverbeen published ampmade public to anyone
ou must file ithin 6ear of going public ith your design or you ill lose youreclusive rights to the design
The advantage of registering your industrial design is that it gives you eclusive
right to your design for up to = 6ears from tDe date of reistration
+nless you register your design you can ma7e no legal claim of onership andhave no legal protection from imitation
nly the proprietor ampcreator of the design may obtain registration unless youhave been hired to develop a design Then the hirer is the proprietor
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Trade Secret industrial 7noho or valuable information acquired by abusiness t could be a
bull formula
bull pattern
bull device
bull compilation of info used to give you an advantage over the competitors
ou cannot registerbull That don-t have visual appeal
bull 3eatures that are hidden from vie or too small to appeal to the eye
bull A method of construction
bull An idea
bull (aterials used in construction
bull 3unction of an article
bull 6olor
ESI$N RE$ISTRATION
The application ill includebull Application forms ampdescription
bull At least one draing or photograph
bull 3ees
The process ill include
bull nitial processing
bull Eamination
bull egistration
ou do not have to mar7 your design in order to indicate that it is registered butmar7ing it gives you etra protection
As proprietor you may ta7e legal action against anyone ho infringes on yourdesign in 6anada but you must ta7e action ithin F years of the incident
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An 9assinment occurs hen you sell all or part of your rights in the designpermanently to another party
ou can 9license another user to allo someone else to use your design but
you still retain onership
To have your design protected in other countries you must apply separately ineach country
ou have 5 montDs to file for 9conention priorit6+ampe you apply to register in 6anada in 4anuary B111 then you have until 4uly B111 to file in other 6onvention countries and receive the same rights as if it ere 4anuary B111
LA FOR PROFESSIONAL EN$INEERS OOamp
CHAPTER 8 Te Canadian eal S$stem
The legal system of 6anada is based on the English common2lalt system andthe English courts of euit6lt system ampudgemade la and is calledCOMMON2LAlt
The 3ederal 6ourt of 6anada has urisdiction over federal matters such aspatents trademar7s and copyrights
Pu1lic aamp deals ith the rights and obligations of government ampcriminal and6onstitutional la
Pri4ate aamp deals ith the rights and obligations of individuals or private organizations ampCONTRACT AN TORT LA
Termsbull itigation lasuit
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bull Plaintiff party bringing the actionbull efendant party defending the actionbull Appellant party appealing the decisionbull espondent party see7ing to uphold a decisionbull Privity of contract legal relationship beteen parties to a contract
bull 6reditor party to hom an amount is oingbull ebtor party that oes an amount to creditor bull $uarantee A guarantees = the debt of 6omp amphen = doesn-t get paid
= goes to 6omp first then to A
bull Indemnification a promise to directly compensate or reimburseanother party for a loss or cost incurred f Aindemnifies = the debt of 6omp amphen = doesn-t get paid =goes directly to A
CHAPTER usiness Oraniations
Sole Proprietorsip an individual carries on business by and for himself andalso enoys the profits and incurs any losses personally
Partnersip an association of persons ho conduct business in common ith avie to profit ndividuals or organizations share profits and losses
Corporation an entity unto itself distinct from its oners ampfictitious personThe corporation itself ons its assets and incurs its on liabilities
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CHAPTER B International Considerations
t is etremely important to obtain advice from an appropriately eperiencedlayer in the foreign country or have the advice of a consultant in that countryt is ise to purchase political ris7 insurance and to use careful udgment together ith a local influential partner
$ome potential ris7s of or7ing internationally are
bull Political Ris is one of the more obvious ris7 factors in or7inginternationally The 6hanges in government can lead to significant policychanges
bull Licensin reuirements and obtaining necessary permits and approvalsin a foreign country under different legal systems can be timeconsuming
bull Financial Riss due to currency echange and controls or restrictions onthe transfer of funds out of the country
bull Contract documents and forms used on proects may be different
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CHAPTER gt Tort ia1ilit$
Tort8 generally refers to a private or civil rong or inury one that involvesnegligence and that may arise independently of contract ampcar driver and victim
amphich includes financial loss hen based on a professional-s opinion
The fundamental purpose of tort la is to compensate ictims of tortsPunishment of negligent rongdoers IS NOT a purpose of tort la
Professional liability insurance should provide protection if an engineer-snegligence results in damage arising in tort
n order to satisfy the courts that compensation should be made the plaintiff in atort action must prove that
bull The defendant oed the plaintiff a duty of care
bull The defendant breached that duty by his conduct
bull The defendant-s conduct caused the inury to the plaintiff
f any 0 of these F aspects is not proven to the satisfaction of the courts theplaintiff ill not in
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A significant factor in a tort action is the establishment of the standard of carerequired of the defendant
The standard is applied based on the premise that engineers have a duty to use
the reasonable care and s7ill of engineers of ordinary competence Thereasonable carelt is measured by applicable professional standards of theengineering profession at the time the services ere performed
Strict ia1ilit$ manufacturers and employers are held strictly liable hen faultis not necessary if compensation is to be provided ampnot yet upheld in 6anadaampe All employees ma7e contributions on behalf of employees and if someone is inuredcompensation is provided ith no finding of faultampe A manufacturer may be strictl6 lialelt if for any damages that result from the use of theirproduct
0icarious ia1ilit$ The employer is responsible for damaged caused by its
employees The employer provides compensation because it is presumed thatthe employer is in a better financial position than the employee
Concurrent Tortfeasors hen more than one party is liable in a tort actionThe defendant-s together are called concurrent tortfeasors
Products ia1ilit$ The plaintiff must be able to establish that damage hasclearly resulted from appropriate use of a product and the defendantmanufacturer must then persuade the court that at the time the manufacturercould not have foreseen the defective nature of the goods manufactured6anada has not yet ta7en a strict liability approach on products as the +$ has
Products liability has developed through principles of both contract la and tortla The tort concept of fault has been applied and implied contractualarranties that the product is effective and the contract of a sale must also eist
n productsliability matters economic losses ampin the absence of physical inurymay in some circumstances be recoverable
Standards of Care and ut$ to 5arn A manufacturer must arn theconsumer of any dangerous potential of the product by appropriate labeling
Oter Tortsbull Tort of defamation8 ampif the statements that damage the reputation are true there is
no liability
o ibel D in riting
o $lander D verbal
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bull Occupiers Liailit68 The occupier of a property must eercise therequired standard of care to ensure the safety of individuals coming ontothat property
bull Tort of Nuisance8 esigned to alleviate undue interference ith the
comfortable and convenient enoyment of the plaintiff-s landampe insecticide spray drifting onto other land
CHAPTER Proof
The burden of proof is on the plaintiff to prove the case against the defendant
Engineers often find themselves ma7ing appearances as eBpert itnesses incourt
The epert is permitted to epress opinions ith respect to his or her area ofepertise and the itness should be cautious and restrict testimony to such
area
ou ill be hired by one side and crosseamined by counsel from the otherparty
Preparation is of the utmost importance in litigation The epert itness shouldclearly understand the issues in the lasuit and be aare of the scope ofquestions that can be reasonably epected
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CHAPTER 28 Contracts
3or a contract to be binding and enforceable the folloing elements must bepresent
bull An offer made and accepted
bull (utual intent to enter into the contract
bull 6onsideration or offer ampan echange of promises each promise representing
something of valueCpayment of money is not essential
bull 6apacity to contract ampcan-t be a minor drun7 or crazyCenforceable by the drun7 if
the other party 7ne they ere intoicatedbull aful purpose 6ontract on-t be enforced if it is unlaful
An offer is a promise made by one person to another
)ot all contracts are in riting
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+ntil it is accepted the offer may be ithdran by the offeror unless it is madeepressly irrevocable by its terms
Irre4oca1le Offers =idders submit offers or tenders that have been madeirrevocable for a specific period of time At any point during that period the offer
may be accepted and a contract ill be formed
Option Contract This contract is another means of 7eeping an offer open for acertain period of timeampe The party purchasing the option may ant do eploration or7 for a period of time beforedeciding to spend a large sum of money on the property
EDuita1le Estoppel A udge can stoplt the strict terms of a contract from beingfolloed if it is proven that the terms had changed outside of the agreementampoften used hen etensions to deadlines are agreed upon and then the person tried to go bac7to the original ritten contract
Pursuant to contract la consideration ampor a seal must be present in order toma7e a change to a contract enforceable D otherise it is ust a promise not laThe courts protect the person in the situation here a promise is ta7en as fullagreement
Statute of Frauds Ensures that certain types of contracts must be in riting tobe enforceable
Rectification This order can be applied for to rectify a contract because of asecretarial or recording mista7e
)nilateral Mistae A mista7e made by only one party to a contract 6ourts illdecide hether a contractor ill be relieved of their mista7e
CHAPTER 8 Tenderin Issues Contract A
a of tendering in 6anada gives the principle that there are B separatecontracts that arise in the tendering process
0 Contract A D the contract of irrevocability ampthat deals ith the tenderingphase
B Contract D the construction contract ampapplies to the construction phase
The number of number of tenders submitted is the number of 6ontract A-s thatare formed
The original tender pac7age contents cannot be changed ithout notifyingeveryone or you are in =reach of 6ontract A
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CHAPTER 82 Contract Interpretation
Parties to a contract sometimes dispute the meaning of part of the contract Todifferent approaches can be ta7en hen interpreting contracts
bull i1eral Approac ta7es into account the intent of the parties and maylead to speculation on that intent
bull Strict Approac focuses on the precise ords in the agreement andmay rely on dictionary meanings
Contra Preferentem hen a contract is ambiguous or unclear it ill beinterpreted against the person that rote it up
Parol E4idence Rule hen verbal agreements outside of the ritten contractare included as rule in a contract n most cases if a condition is agreed uponverbally but is not included in the contract then the condition is not part of thecontract
Implied Terms hen the inclusion of obvious terms of a contract have beenoverloo7ed here it is reasonable implied terms may eist in a contract
CHAPTER 83 iscare of Contracts
There are several ays to discharge a contract
bull Performance hen all parties have completed their respectiveobligations the contract is at an end
bull Areement to iscare Parties in a contract are alays free to amend
the contract or agree to cancel or terminate the contract upon mutuallyagreed terms
bull iscare Pursuant to Epress Terms t is advised to include in acontract terms here all parties may terminate the contract if certainoutside events ere to occur ampe ban7ruptcy
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bull iscare 1$ Frustration hen changing unforeseeablecircumstances occur that may radically change the obligations of theparties
o Force Maeure Provides that the time for completion ill beetended in the event of ar riot flood labor dispute or other
events that are beyond the control of both parties
bull iscare 1$ reac of Contract ne party fail to perform obligations
o iscare 1$ Repudiation hen the party to a contract
epressly tells the other party that they have no intention ofperforming contractual obligations
CHAPTER 86 reac of Contract
f a party to a contract fails to perform obligations specified in the contract thenthat party has breached the contract
The innocent party is entitled to certain remedies depending on the nature of thebreach and the terms of the contract
Condition an obligation that is essential or vital to the contract5arrant$ an obligation that is NOT essential or vital to the contract
A =reach of 6ontract is a cause for discharge only if its effect is to render itpurposeless for the innocent party to proceed further ith performance
Repudiation hen the party to a contract epressly tells the other party thatthey have no intention of performing contractual obligations
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REMIIES
A nondefaulting party is entitled to damages for losses incurred as a result of abreach of contract
irect amaes Actual calculated difference in the cost of having to chooseone service over the other ampthe loest bid is chosen and then they refuse to do the or7so the second loest bid is chosen and the party sues for the monetary difference beteen theloest and second loest bid
Indirect amaes Are consequential to the breach and might include damagesfor lost profits or damages incurred if the contract is not fulfilled
iDuidated amaes Are preestimated damages if certain events ere tooccur that are ritten into the contract under a Penalty 6lause
ltuantum Meruit hen services have been requested and performed but nooutside agreement as reached beteen the parties as to hat payment ouldbe provided in return for the services then the courts can aard the person ithas much as is reasonably deservedlt for time spent and materials supplied
Su1stantial Compliance hen a contractor has substantially complied iththe terms of a contract yet failed to comply ith some minor aspect of thecontract The contractor ill be paid the contract price minus the cost ofdamages caused by the minor problems
Specific Performance hen the courts require a party to perform a contractual
obligation li7e the sale of land or a personal item
Inunction A court order that prohibits or restrains a party from performing anactCHAPTER 9 Fundamental reac
Applies to a contract that contains an eemption clause amphere parties limit theirliability if a breach of contract results and ma7es the eemption ineffective
CHAPTER 8 Areement etampeen Client and Enineer
A contract beteen a client and an engineer must include all of the essentialcontract elements
The document ill not specify the degree of care that is required of the engineerin carrying out the services =ut the engineer is liable for incompetence
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carelessness or negligence that results in damages to the client and for notperforming ith an ordinary and reasonable degree of care and s7ill
CHAPTER Concurrent ia1ilit$ in Tort and Contract
+nless otherise stated in a contract the standard of care epected of anengineer doing a ob is the same standard of care by hich an engineer-sperformance is measured in tort
3or a breach of contract there is a limitation period of I years from date of thebreach in hich to press charges instead of hen it is discovered
n tort the limitation period in hich to press charges starts hen the damagesare first detected
CHAPTER 3 Ar1itration and AR
A lasuit is not alays the best ay to resolve a dispute beteen contractingparties especially technical disputes
Ar1itration or Alternati4e ispute Resolution +AR- t is less costly and lesspublic than litigation
An engineer that is an arbitrator is epected to act impartially and independentlyof the parties to the dispute
The Arbitration Act deals ith the appointment of an arbitrator and sets out astructure or set of rules to govern the conduct of an arbitration unless the partiesagree that some other structure or rules ill apply
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The Act also gives arbitrators the urisdiction to aard preudgment and post udgment interests ust li7e the courts have under the 6ourts of 4ustice Act
Partnerin intended to respond to the need for improved attitudes amongstindustry participants to the importance of teamor7 on proects
This cooperative attitude should assist in resolving proect disputes at an earlystage
) TGAT) and A=TAT) result in a 4+G(E)T TgtAT $=))G
Proect Neutral (proGect manaement oerie) The companies appoint a
proect neutral usually an independent professional eperienced in the industryto be aare of developments on the proect ith a vie to offering unbiasedadvice and decisions
Mediation esolving disputes through the negotiating process involving amediator ho is to provide guidance and to facilitate the settlement process agobeteenlt in communicating proposed settlements
There is no udgmentL the parties need to or7 out their differences
CHAPTER BB Industrial Propert$
Industrial Propert$ Rits ights that generally relate to patents trademar7scopyrights and industrial design
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PATENTS
A patent is
bull A document protecting the rights of the inventor
bull A repository of useful technical information for the public
The idea is to promote the sharing of technological information hile giving you amonopoly on your creation
ith a patent the government gives the inventor the right to eclude others fromma7ing or selling your invention
The invention is protected from the day the patent is granted to a maimum of =6ears after the day you filed your application
The Patent ffice then epects you to provide a full description of your inventionso that all 6anadians can benefit from this technology They allo your
application to be open gt montDs from the filing date during the con4ention priorit$ date
Patent applications are made pulic gt montDs after the 6anadian 3iling ate
ou must obtain a valid patent ithin 8 $ear of main te product pu1lic
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A 6anadian patent is only etended throughout 6anada ou must apply forpatent rights in other countries separately
t is important to 7eep your invention secret until your first patent application isfiled in order to preserve your rights to file later in most foreign countries
3or an invention to be patented it must be
bull NO0ET= 3irst in the orld
bull )TIIT= 3unctional and operative
bull INGEN)IT= $ho inventive ingenuity and not be obvious to someones7illed in that area
The folloing items are patentable
bull Product ampdoor loc7
bull A composition ampchemical composition li7e lubricant
bull An apparatus ampmachine to ma7e door loc7s
bull A process ampmethod
bull An improvement on any of these
The idea alone is not patentable t must be reduced to something physical
ou CANNOT patentbull A scientific principle
bull An abstract theorem
bull An idea
bull A method of doing businessbull A computer program
bull A medical treatmentn 6anada patents are given to the first inventor to file an application
f you invent something hile or7ing for an employer on the employer-s timeith the employer-s materials at the epense of the employer the inventionrights still belong to you unless you have been hired by the company to inventpatentable inventions
PATENT APPLICATION
+ $et a Patent Aent
+ Preliminar6 SearcD
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bull ou can do a preliminary search in the online database or visit the Patentffice in person
0+ Preparin tDe Patent Application
bull A patent application must consist ofo a1stract ampbrief description
o specification ampclaims and boundaries of protection
o draampins
3+ File 6our Application4+ Reuest eBamination5+ EBaminer does searcD and approes or oGects+lt+ Respond to an6 oGectionsgt+ Patent ranted or oGected+
CONENTION PRIORIT
(any countries belong to the Paris 6onvention for the Protection of ndustrialProperty
This treaty allos you to invo7e convention prioritylt hich means that your filingdate in one member country ill be recognized by all others provided you file inthose countries ithin the first year
ampe if you file in 6anada in 4anuary B111 you could file up to one year later in most countriesamp4anuary B110 and still receive the same rights as if you filed in B111
PATENT COOPERATION TREAT (PCT)
t provides a standardized international filing procedure for foreign patents hichis shared by our principal trading partners including the +$ 4apan and mostEuropean countriesou may file for a patent in as many as 01I member countries through a singleapplication filed in 6anada
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INSTRIAL ESI$N
An Industrial esin is the features of shape configuration pattern or ornamentapplied to a finished article made by hand tool or machine ampappealing to the eye
There is no time limit for filing an application as long as the design has neverbeen published ampmade public to anyone
ou must file ithin 6ear of going public ith your design or you ill lose youreclusive rights to the design
The advantage of registering your industrial design is that it gives you eclusive
right to your design for up to = 6ears from tDe date of reistration
+nless you register your design you can ma7e no legal claim of onership andhave no legal protection from imitation
nly the proprietor ampcreator of the design may obtain registration unless youhave been hired to develop a design Then the hirer is the proprietor
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Trade Secret industrial 7noho or valuable information acquired by abusiness t could be a
bull formula
bull pattern
bull device
bull compilation of info used to give you an advantage over the competitors
ou cannot registerbull That don-t have visual appeal
bull 3eatures that are hidden from vie or too small to appeal to the eye
bull A method of construction
bull An idea
bull (aterials used in construction
bull 3unction of an article
bull 6olor
ESI$N RE$ISTRATION
The application ill includebull Application forms ampdescription
bull At least one draing or photograph
bull 3ees
The process ill include
bull nitial processing
bull Eamination
bull egistration
ou do not have to mar7 your design in order to indicate that it is registered butmar7ing it gives you etra protection
As proprietor you may ta7e legal action against anyone ho infringes on yourdesign in 6anada but you must ta7e action ithin F years of the incident
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An 9assinment occurs hen you sell all or part of your rights in the designpermanently to another party
ou can 9license another user to allo someone else to use your design but
you still retain onership
To have your design protected in other countries you must apply separately ineach country
ou have 5 montDs to file for 9conention priorit6+ampe you apply to register in 6anada in 4anuary B111 then you have until 4uly B111 to file in other 6onvention countries and receive the same rights as if it ere 4anuary B111
LA FOR PROFESSIONAL EN$INEERS OOamp
CHAPTER 8 Te Canadian eal S$stem
The legal system of 6anada is based on the English common2lalt system andthe English courts of euit6lt system ampudgemade la and is calledCOMMON2LAlt
The 3ederal 6ourt of 6anada has urisdiction over federal matters such aspatents trademar7s and copyrights
Pu1lic aamp deals ith the rights and obligations of government ampcriminal and6onstitutional la
Pri4ate aamp deals ith the rights and obligations of individuals or private organizations ampCONTRACT AN TORT LA
Termsbull itigation lasuit
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bull Plaintiff party bringing the actionbull efendant party defending the actionbull Appellant party appealing the decisionbull espondent party see7ing to uphold a decisionbull Privity of contract legal relationship beteen parties to a contract
bull 6reditor party to hom an amount is oingbull ebtor party that oes an amount to creditor bull $uarantee A guarantees = the debt of 6omp amphen = doesn-t get paid
= goes to 6omp first then to A
bull Indemnification a promise to directly compensate or reimburseanother party for a loss or cost incurred f Aindemnifies = the debt of 6omp amphen = doesn-t get paid =goes directly to A
CHAPTER usiness Oraniations
Sole Proprietorsip an individual carries on business by and for himself andalso enoys the profits and incurs any losses personally
Partnersip an association of persons ho conduct business in common ith avie to profit ndividuals or organizations share profits and losses
Corporation an entity unto itself distinct from its oners ampfictitious personThe corporation itself ons its assets and incurs its on liabilities
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CHAPTER B International Considerations
t is etremely important to obtain advice from an appropriately eperiencedlayer in the foreign country or have the advice of a consultant in that countryt is ise to purchase political ris7 insurance and to use careful udgment together ith a local influential partner
$ome potential ris7s of or7ing internationally are
bull Political Ris is one of the more obvious ris7 factors in or7inginternationally The 6hanges in government can lead to significant policychanges
bull Licensin reuirements and obtaining necessary permits and approvalsin a foreign country under different legal systems can be timeconsuming
bull Financial Riss due to currency echange and controls or restrictions onthe transfer of funds out of the country
bull Contract documents and forms used on proects may be different
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CHAPTER gt Tort ia1ilit$
Tort8 generally refers to a private or civil rong or inury one that involvesnegligence and that may arise independently of contract ampcar driver and victim
amphich includes financial loss hen based on a professional-s opinion
The fundamental purpose of tort la is to compensate ictims of tortsPunishment of negligent rongdoers IS NOT a purpose of tort la
Professional liability insurance should provide protection if an engineer-snegligence results in damage arising in tort
n order to satisfy the courts that compensation should be made the plaintiff in atort action must prove that
bull The defendant oed the plaintiff a duty of care
bull The defendant breached that duty by his conduct
bull The defendant-s conduct caused the inury to the plaintiff
f any 0 of these F aspects is not proven to the satisfaction of the courts theplaintiff ill not in
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A significant factor in a tort action is the establishment of the standard of carerequired of the defendant
The standard is applied based on the premise that engineers have a duty to use
the reasonable care and s7ill of engineers of ordinary competence Thereasonable carelt is measured by applicable professional standards of theengineering profession at the time the services ere performed
Strict ia1ilit$ manufacturers and employers are held strictly liable hen faultis not necessary if compensation is to be provided ampnot yet upheld in 6anadaampe All employees ma7e contributions on behalf of employees and if someone is inuredcompensation is provided ith no finding of faultampe A manufacturer may be strictl6 lialelt if for any damages that result from the use of theirproduct
0icarious ia1ilit$ The employer is responsible for damaged caused by its
employees The employer provides compensation because it is presumed thatthe employer is in a better financial position than the employee
Concurrent Tortfeasors hen more than one party is liable in a tort actionThe defendant-s together are called concurrent tortfeasors
Products ia1ilit$ The plaintiff must be able to establish that damage hasclearly resulted from appropriate use of a product and the defendantmanufacturer must then persuade the court that at the time the manufacturercould not have foreseen the defective nature of the goods manufactured6anada has not yet ta7en a strict liability approach on products as the +$ has
Products liability has developed through principles of both contract la and tortla The tort concept of fault has been applied and implied contractualarranties that the product is effective and the contract of a sale must also eist
n productsliability matters economic losses ampin the absence of physical inurymay in some circumstances be recoverable
Standards of Care and ut$ to 5arn A manufacturer must arn theconsumer of any dangerous potential of the product by appropriate labeling
Oter Tortsbull Tort of defamation8 ampif the statements that damage the reputation are true there is
no liability
o ibel D in riting
o $lander D verbal
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bull Occupiers Liailit68 The occupier of a property must eercise therequired standard of care to ensure the safety of individuals coming ontothat property
bull Tort of Nuisance8 esigned to alleviate undue interference ith the
comfortable and convenient enoyment of the plaintiff-s landampe insecticide spray drifting onto other land
CHAPTER Proof
The burden of proof is on the plaintiff to prove the case against the defendant
Engineers often find themselves ma7ing appearances as eBpert itnesses incourt
The epert is permitted to epress opinions ith respect to his or her area ofepertise and the itness should be cautious and restrict testimony to such
area
ou ill be hired by one side and crosseamined by counsel from the otherparty
Preparation is of the utmost importance in litigation The epert itness shouldclearly understand the issues in the lasuit and be aare of the scope ofquestions that can be reasonably epected
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CHAPTER 28 Contracts
3or a contract to be binding and enforceable the folloing elements must bepresent
bull An offer made and accepted
bull (utual intent to enter into the contract
bull 6onsideration or offer ampan echange of promises each promise representing
something of valueCpayment of money is not essential
bull 6apacity to contract ampcan-t be a minor drun7 or crazyCenforceable by the drun7 if
the other party 7ne they ere intoicatedbull aful purpose 6ontract on-t be enforced if it is unlaful
An offer is a promise made by one person to another
)ot all contracts are in riting
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+ntil it is accepted the offer may be ithdran by the offeror unless it is madeepressly irrevocable by its terms
Irre4oca1le Offers =idders submit offers or tenders that have been madeirrevocable for a specific period of time At any point during that period the offer
may be accepted and a contract ill be formed
Option Contract This contract is another means of 7eeping an offer open for acertain period of timeampe The party purchasing the option may ant do eploration or7 for a period of time beforedeciding to spend a large sum of money on the property
EDuita1le Estoppel A udge can stoplt the strict terms of a contract from beingfolloed if it is proven that the terms had changed outside of the agreementampoften used hen etensions to deadlines are agreed upon and then the person tried to go bac7to the original ritten contract
Pursuant to contract la consideration ampor a seal must be present in order toma7e a change to a contract enforceable D otherise it is ust a promise not laThe courts protect the person in the situation here a promise is ta7en as fullagreement
Statute of Frauds Ensures that certain types of contracts must be in riting tobe enforceable
Rectification This order can be applied for to rectify a contract because of asecretarial or recording mista7e
)nilateral Mistae A mista7e made by only one party to a contract 6ourts illdecide hether a contractor ill be relieved of their mista7e
CHAPTER 8 Tenderin Issues Contract A
a of tendering in 6anada gives the principle that there are B separatecontracts that arise in the tendering process
0 Contract A D the contract of irrevocability ampthat deals ith the tenderingphase
B Contract D the construction contract ampapplies to the construction phase
The number of number of tenders submitted is the number of 6ontract A-s thatare formed
The original tender pac7age contents cannot be changed ithout notifyingeveryone or you are in =reach of 6ontract A
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CHAPTER 82 Contract Interpretation
Parties to a contract sometimes dispute the meaning of part of the contract Todifferent approaches can be ta7en hen interpreting contracts
bull i1eral Approac ta7es into account the intent of the parties and maylead to speculation on that intent
bull Strict Approac focuses on the precise ords in the agreement andmay rely on dictionary meanings
Contra Preferentem hen a contract is ambiguous or unclear it ill beinterpreted against the person that rote it up
Parol E4idence Rule hen verbal agreements outside of the ritten contractare included as rule in a contract n most cases if a condition is agreed uponverbally but is not included in the contract then the condition is not part of thecontract
Implied Terms hen the inclusion of obvious terms of a contract have beenoverloo7ed here it is reasonable implied terms may eist in a contract
CHAPTER 83 iscare of Contracts
There are several ays to discharge a contract
bull Performance hen all parties have completed their respectiveobligations the contract is at an end
bull Areement to iscare Parties in a contract are alays free to amend
the contract or agree to cancel or terminate the contract upon mutuallyagreed terms
bull iscare Pursuant to Epress Terms t is advised to include in acontract terms here all parties may terminate the contract if certainoutside events ere to occur ampe ban7ruptcy
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bull iscare 1$ Frustration hen changing unforeseeablecircumstances occur that may radically change the obligations of theparties
o Force Maeure Provides that the time for completion ill beetended in the event of ar riot flood labor dispute or other
events that are beyond the control of both parties
bull iscare 1$ reac of Contract ne party fail to perform obligations
o iscare 1$ Repudiation hen the party to a contract
epressly tells the other party that they have no intention ofperforming contractual obligations
CHAPTER 86 reac of Contract
f a party to a contract fails to perform obligations specified in the contract thenthat party has breached the contract
The innocent party is entitled to certain remedies depending on the nature of thebreach and the terms of the contract
Condition an obligation that is essential or vital to the contract5arrant$ an obligation that is NOT essential or vital to the contract
A =reach of 6ontract is a cause for discharge only if its effect is to render itpurposeless for the innocent party to proceed further ith performance
Repudiation hen the party to a contract epressly tells the other party thatthey have no intention of performing contractual obligations
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REMIIES
A nondefaulting party is entitled to damages for losses incurred as a result of abreach of contract
irect amaes Actual calculated difference in the cost of having to chooseone service over the other ampthe loest bid is chosen and then they refuse to do the or7so the second loest bid is chosen and the party sues for the monetary difference beteen theloest and second loest bid
Indirect amaes Are consequential to the breach and might include damagesfor lost profits or damages incurred if the contract is not fulfilled
iDuidated amaes Are preestimated damages if certain events ere tooccur that are ritten into the contract under a Penalty 6lause
ltuantum Meruit hen services have been requested and performed but nooutside agreement as reached beteen the parties as to hat payment ouldbe provided in return for the services then the courts can aard the person ithas much as is reasonably deservedlt for time spent and materials supplied
Su1stantial Compliance hen a contractor has substantially complied iththe terms of a contract yet failed to comply ith some minor aspect of thecontract The contractor ill be paid the contract price minus the cost ofdamages caused by the minor problems
Specific Performance hen the courts require a party to perform a contractual
obligation li7e the sale of land or a personal item
Inunction A court order that prohibits or restrains a party from performing anactCHAPTER 9 Fundamental reac
Applies to a contract that contains an eemption clause amphere parties limit theirliability if a breach of contract results and ma7es the eemption ineffective
CHAPTER 8 Areement etampeen Client and Enineer
A contract beteen a client and an engineer must include all of the essentialcontract elements
The document ill not specify the degree of care that is required of the engineerin carrying out the services =ut the engineer is liable for incompetence
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carelessness or negligence that results in damages to the client and for notperforming ith an ordinary and reasonable degree of care and s7ill
CHAPTER Concurrent ia1ilit$ in Tort and Contract
+nless otherise stated in a contract the standard of care epected of anengineer doing a ob is the same standard of care by hich an engineer-sperformance is measured in tort
3or a breach of contract there is a limitation period of I years from date of thebreach in hich to press charges instead of hen it is discovered
n tort the limitation period in hich to press charges starts hen the damagesare first detected
CHAPTER 3 Ar1itration and AR
A lasuit is not alays the best ay to resolve a dispute beteen contractingparties especially technical disputes
Ar1itration or Alternati4e ispute Resolution +AR- t is less costly and lesspublic than litigation
An engineer that is an arbitrator is epected to act impartially and independentlyof the parties to the dispute
The Arbitration Act deals ith the appointment of an arbitrator and sets out astructure or set of rules to govern the conduct of an arbitration unless the partiesagree that some other structure or rules ill apply
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The Act also gives arbitrators the urisdiction to aard preudgment and post udgment interests ust li7e the courts have under the 6ourts of 4ustice Act
Partnerin intended to respond to the need for improved attitudes amongstindustry participants to the importance of teamor7 on proects
This cooperative attitude should assist in resolving proect disputes at an earlystage
) TGAT) and A=TAT) result in a 4+G(E)T TgtAT $=))G
Proect Neutral (proGect manaement oerie) The companies appoint a
proect neutral usually an independent professional eperienced in the industryto be aare of developments on the proect ith a vie to offering unbiasedadvice and decisions
Mediation esolving disputes through the negotiating process involving amediator ho is to provide guidance and to facilitate the settlement process agobeteenlt in communicating proposed settlements
There is no udgmentL the parties need to or7 out their differences
CHAPTER BB Industrial Propert$
Industrial Propert$ Rits ights that generally relate to patents trademar7scopyrights and industrial design
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A 6anadian patent is only etended throughout 6anada ou must apply forpatent rights in other countries separately
t is important to 7eep your invention secret until your first patent application isfiled in order to preserve your rights to file later in most foreign countries
3or an invention to be patented it must be
bull NO0ET= 3irst in the orld
bull )TIIT= 3unctional and operative
bull INGEN)IT= $ho inventive ingenuity and not be obvious to someones7illed in that area
The folloing items are patentable
bull Product ampdoor loc7
bull A composition ampchemical composition li7e lubricant
bull An apparatus ampmachine to ma7e door loc7s
bull A process ampmethod
bull An improvement on any of these
The idea alone is not patentable t must be reduced to something physical
ou CANNOT patentbull A scientific principle
bull An abstract theorem
bull An idea
bull A method of doing businessbull A computer program
bull A medical treatmentn 6anada patents are given to the first inventor to file an application
f you invent something hile or7ing for an employer on the employer-s timeith the employer-s materials at the epense of the employer the inventionrights still belong to you unless you have been hired by the company to inventpatentable inventions
PATENT APPLICATION
+ $et a Patent Aent
+ Preliminar6 SearcD
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bull ou can do a preliminary search in the online database or visit the Patentffice in person
0+ Preparin tDe Patent Application
bull A patent application must consist ofo a1stract ampbrief description
o specification ampclaims and boundaries of protection
o draampins
3+ File 6our Application4+ Reuest eBamination5+ EBaminer does searcD and approes or oGects+lt+ Respond to an6 oGectionsgt+ Patent ranted or oGected+
CONENTION PRIORIT
(any countries belong to the Paris 6onvention for the Protection of ndustrialProperty
This treaty allos you to invo7e convention prioritylt hich means that your filingdate in one member country ill be recognized by all others provided you file inthose countries ithin the first year
ampe if you file in 6anada in 4anuary B111 you could file up to one year later in most countriesamp4anuary B110 and still receive the same rights as if you filed in B111
PATENT COOPERATION TREAT (PCT)
t provides a standardized international filing procedure for foreign patents hichis shared by our principal trading partners including the +$ 4apan and mostEuropean countriesou may file for a patent in as many as 01I member countries through a singleapplication filed in 6anada
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INSTRIAL ESI$N
An Industrial esin is the features of shape configuration pattern or ornamentapplied to a finished article made by hand tool or machine ampappealing to the eye
There is no time limit for filing an application as long as the design has neverbeen published ampmade public to anyone
ou must file ithin 6ear of going public ith your design or you ill lose youreclusive rights to the design
The advantage of registering your industrial design is that it gives you eclusive
right to your design for up to = 6ears from tDe date of reistration
+nless you register your design you can ma7e no legal claim of onership andhave no legal protection from imitation
nly the proprietor ampcreator of the design may obtain registration unless youhave been hired to develop a design Then the hirer is the proprietor
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Trade Secret industrial 7noho or valuable information acquired by abusiness t could be a
bull formula
bull pattern
bull device
bull compilation of info used to give you an advantage over the competitors
ou cannot registerbull That don-t have visual appeal
bull 3eatures that are hidden from vie or too small to appeal to the eye
bull A method of construction
bull An idea
bull (aterials used in construction
bull 3unction of an article
bull 6olor
ESI$N RE$ISTRATION
The application ill includebull Application forms ampdescription
bull At least one draing or photograph
bull 3ees
The process ill include
bull nitial processing
bull Eamination
bull egistration
ou do not have to mar7 your design in order to indicate that it is registered butmar7ing it gives you etra protection
As proprietor you may ta7e legal action against anyone ho infringes on yourdesign in 6anada but you must ta7e action ithin F years of the incident
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An 9assinment occurs hen you sell all or part of your rights in the designpermanently to another party
ou can 9license another user to allo someone else to use your design but
you still retain onership
To have your design protected in other countries you must apply separately ineach country
ou have 5 montDs to file for 9conention priorit6+ampe you apply to register in 6anada in 4anuary B111 then you have until 4uly B111 to file in other 6onvention countries and receive the same rights as if it ere 4anuary B111
LA FOR PROFESSIONAL EN$INEERS OOamp
CHAPTER 8 Te Canadian eal S$stem
The legal system of 6anada is based on the English common2lalt system andthe English courts of euit6lt system ampudgemade la and is calledCOMMON2LAlt
The 3ederal 6ourt of 6anada has urisdiction over federal matters such aspatents trademar7s and copyrights
Pu1lic aamp deals ith the rights and obligations of government ampcriminal and6onstitutional la
Pri4ate aamp deals ith the rights and obligations of individuals or private organizations ampCONTRACT AN TORT LA
Termsbull itigation lasuit
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bull Plaintiff party bringing the actionbull efendant party defending the actionbull Appellant party appealing the decisionbull espondent party see7ing to uphold a decisionbull Privity of contract legal relationship beteen parties to a contract
bull 6reditor party to hom an amount is oingbull ebtor party that oes an amount to creditor bull $uarantee A guarantees = the debt of 6omp amphen = doesn-t get paid
= goes to 6omp first then to A
bull Indemnification a promise to directly compensate or reimburseanother party for a loss or cost incurred f Aindemnifies = the debt of 6omp amphen = doesn-t get paid =goes directly to A
CHAPTER usiness Oraniations
Sole Proprietorsip an individual carries on business by and for himself andalso enoys the profits and incurs any losses personally
Partnersip an association of persons ho conduct business in common ith avie to profit ndividuals or organizations share profits and losses
Corporation an entity unto itself distinct from its oners ampfictitious personThe corporation itself ons its assets and incurs its on liabilities
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CHAPTER B International Considerations
t is etremely important to obtain advice from an appropriately eperiencedlayer in the foreign country or have the advice of a consultant in that countryt is ise to purchase political ris7 insurance and to use careful udgment together ith a local influential partner
$ome potential ris7s of or7ing internationally are
bull Political Ris is one of the more obvious ris7 factors in or7inginternationally The 6hanges in government can lead to significant policychanges
bull Licensin reuirements and obtaining necessary permits and approvalsin a foreign country under different legal systems can be timeconsuming
bull Financial Riss due to currency echange and controls or restrictions onthe transfer of funds out of the country
bull Contract documents and forms used on proects may be different
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CHAPTER gt Tort ia1ilit$
Tort8 generally refers to a private or civil rong or inury one that involvesnegligence and that may arise independently of contract ampcar driver and victim
amphich includes financial loss hen based on a professional-s opinion
The fundamental purpose of tort la is to compensate ictims of tortsPunishment of negligent rongdoers IS NOT a purpose of tort la
Professional liability insurance should provide protection if an engineer-snegligence results in damage arising in tort
n order to satisfy the courts that compensation should be made the plaintiff in atort action must prove that
bull The defendant oed the plaintiff a duty of care
bull The defendant breached that duty by his conduct
bull The defendant-s conduct caused the inury to the plaintiff
f any 0 of these F aspects is not proven to the satisfaction of the courts theplaintiff ill not in
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A significant factor in a tort action is the establishment of the standard of carerequired of the defendant
The standard is applied based on the premise that engineers have a duty to use
the reasonable care and s7ill of engineers of ordinary competence Thereasonable carelt is measured by applicable professional standards of theengineering profession at the time the services ere performed
Strict ia1ilit$ manufacturers and employers are held strictly liable hen faultis not necessary if compensation is to be provided ampnot yet upheld in 6anadaampe All employees ma7e contributions on behalf of employees and if someone is inuredcompensation is provided ith no finding of faultampe A manufacturer may be strictl6 lialelt if for any damages that result from the use of theirproduct
0icarious ia1ilit$ The employer is responsible for damaged caused by its
employees The employer provides compensation because it is presumed thatthe employer is in a better financial position than the employee
Concurrent Tortfeasors hen more than one party is liable in a tort actionThe defendant-s together are called concurrent tortfeasors
Products ia1ilit$ The plaintiff must be able to establish that damage hasclearly resulted from appropriate use of a product and the defendantmanufacturer must then persuade the court that at the time the manufacturercould not have foreseen the defective nature of the goods manufactured6anada has not yet ta7en a strict liability approach on products as the +$ has
Products liability has developed through principles of both contract la and tortla The tort concept of fault has been applied and implied contractualarranties that the product is effective and the contract of a sale must also eist
n productsliability matters economic losses ampin the absence of physical inurymay in some circumstances be recoverable
Standards of Care and ut$ to 5arn A manufacturer must arn theconsumer of any dangerous potential of the product by appropriate labeling
Oter Tortsbull Tort of defamation8 ampif the statements that damage the reputation are true there is
no liability
o ibel D in riting
o $lander D verbal
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bull Occupiers Liailit68 The occupier of a property must eercise therequired standard of care to ensure the safety of individuals coming ontothat property
bull Tort of Nuisance8 esigned to alleviate undue interference ith the
comfortable and convenient enoyment of the plaintiff-s landampe insecticide spray drifting onto other land
CHAPTER Proof
The burden of proof is on the plaintiff to prove the case against the defendant
Engineers often find themselves ma7ing appearances as eBpert itnesses incourt
The epert is permitted to epress opinions ith respect to his or her area ofepertise and the itness should be cautious and restrict testimony to such
area
ou ill be hired by one side and crosseamined by counsel from the otherparty
Preparation is of the utmost importance in litigation The epert itness shouldclearly understand the issues in the lasuit and be aare of the scope ofquestions that can be reasonably epected
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CHAPTER 28 Contracts
3or a contract to be binding and enforceable the folloing elements must bepresent
bull An offer made and accepted
bull (utual intent to enter into the contract
bull 6onsideration or offer ampan echange of promises each promise representing
something of valueCpayment of money is not essential
bull 6apacity to contract ampcan-t be a minor drun7 or crazyCenforceable by the drun7 if
the other party 7ne they ere intoicatedbull aful purpose 6ontract on-t be enforced if it is unlaful
An offer is a promise made by one person to another
)ot all contracts are in riting
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+ntil it is accepted the offer may be ithdran by the offeror unless it is madeepressly irrevocable by its terms
Irre4oca1le Offers =idders submit offers or tenders that have been madeirrevocable for a specific period of time At any point during that period the offer
may be accepted and a contract ill be formed
Option Contract This contract is another means of 7eeping an offer open for acertain period of timeampe The party purchasing the option may ant do eploration or7 for a period of time beforedeciding to spend a large sum of money on the property
EDuita1le Estoppel A udge can stoplt the strict terms of a contract from beingfolloed if it is proven that the terms had changed outside of the agreementampoften used hen etensions to deadlines are agreed upon and then the person tried to go bac7to the original ritten contract
Pursuant to contract la consideration ampor a seal must be present in order toma7e a change to a contract enforceable D otherise it is ust a promise not laThe courts protect the person in the situation here a promise is ta7en as fullagreement
Statute of Frauds Ensures that certain types of contracts must be in riting tobe enforceable
Rectification This order can be applied for to rectify a contract because of asecretarial or recording mista7e
)nilateral Mistae A mista7e made by only one party to a contract 6ourts illdecide hether a contractor ill be relieved of their mista7e
CHAPTER 8 Tenderin Issues Contract A
a of tendering in 6anada gives the principle that there are B separatecontracts that arise in the tendering process
0 Contract A D the contract of irrevocability ampthat deals ith the tenderingphase
B Contract D the construction contract ampapplies to the construction phase
The number of number of tenders submitted is the number of 6ontract A-s thatare formed
The original tender pac7age contents cannot be changed ithout notifyingeveryone or you are in =reach of 6ontract A
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CHAPTER 82 Contract Interpretation
Parties to a contract sometimes dispute the meaning of part of the contract Todifferent approaches can be ta7en hen interpreting contracts
bull i1eral Approac ta7es into account the intent of the parties and maylead to speculation on that intent
bull Strict Approac focuses on the precise ords in the agreement andmay rely on dictionary meanings
Contra Preferentem hen a contract is ambiguous or unclear it ill beinterpreted against the person that rote it up
Parol E4idence Rule hen verbal agreements outside of the ritten contractare included as rule in a contract n most cases if a condition is agreed uponverbally but is not included in the contract then the condition is not part of thecontract
Implied Terms hen the inclusion of obvious terms of a contract have beenoverloo7ed here it is reasonable implied terms may eist in a contract
CHAPTER 83 iscare of Contracts
There are several ays to discharge a contract
bull Performance hen all parties have completed their respectiveobligations the contract is at an end
bull Areement to iscare Parties in a contract are alays free to amend
the contract or agree to cancel or terminate the contract upon mutuallyagreed terms
bull iscare Pursuant to Epress Terms t is advised to include in acontract terms here all parties may terminate the contract if certainoutside events ere to occur ampe ban7ruptcy
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bull iscare 1$ Frustration hen changing unforeseeablecircumstances occur that may radically change the obligations of theparties
o Force Maeure Provides that the time for completion ill beetended in the event of ar riot flood labor dispute or other
events that are beyond the control of both parties
bull iscare 1$ reac of Contract ne party fail to perform obligations
o iscare 1$ Repudiation hen the party to a contract
epressly tells the other party that they have no intention ofperforming contractual obligations
CHAPTER 86 reac of Contract
f a party to a contract fails to perform obligations specified in the contract thenthat party has breached the contract
The innocent party is entitled to certain remedies depending on the nature of thebreach and the terms of the contract
Condition an obligation that is essential or vital to the contract5arrant$ an obligation that is NOT essential or vital to the contract
A =reach of 6ontract is a cause for discharge only if its effect is to render itpurposeless for the innocent party to proceed further ith performance
Repudiation hen the party to a contract epressly tells the other party thatthey have no intention of performing contractual obligations
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REMIIES
A nondefaulting party is entitled to damages for losses incurred as a result of abreach of contract
irect amaes Actual calculated difference in the cost of having to chooseone service over the other ampthe loest bid is chosen and then they refuse to do the or7so the second loest bid is chosen and the party sues for the monetary difference beteen theloest and second loest bid
Indirect amaes Are consequential to the breach and might include damagesfor lost profits or damages incurred if the contract is not fulfilled
iDuidated amaes Are preestimated damages if certain events ere tooccur that are ritten into the contract under a Penalty 6lause
ltuantum Meruit hen services have been requested and performed but nooutside agreement as reached beteen the parties as to hat payment ouldbe provided in return for the services then the courts can aard the person ithas much as is reasonably deservedlt for time spent and materials supplied
Su1stantial Compliance hen a contractor has substantially complied iththe terms of a contract yet failed to comply ith some minor aspect of thecontract The contractor ill be paid the contract price minus the cost ofdamages caused by the minor problems
Specific Performance hen the courts require a party to perform a contractual
obligation li7e the sale of land or a personal item
Inunction A court order that prohibits or restrains a party from performing anactCHAPTER 9 Fundamental reac
Applies to a contract that contains an eemption clause amphere parties limit theirliability if a breach of contract results and ma7es the eemption ineffective
CHAPTER 8 Areement etampeen Client and Enineer
A contract beteen a client and an engineer must include all of the essentialcontract elements
The document ill not specify the degree of care that is required of the engineerin carrying out the services =ut the engineer is liable for incompetence
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carelessness or negligence that results in damages to the client and for notperforming ith an ordinary and reasonable degree of care and s7ill
CHAPTER Concurrent ia1ilit$ in Tort and Contract
+nless otherise stated in a contract the standard of care epected of anengineer doing a ob is the same standard of care by hich an engineer-sperformance is measured in tort
3or a breach of contract there is a limitation period of I years from date of thebreach in hich to press charges instead of hen it is discovered
n tort the limitation period in hich to press charges starts hen the damagesare first detected
CHAPTER 3 Ar1itration and AR
A lasuit is not alays the best ay to resolve a dispute beteen contractingparties especially technical disputes
Ar1itration or Alternati4e ispute Resolution +AR- t is less costly and lesspublic than litigation
An engineer that is an arbitrator is epected to act impartially and independentlyof the parties to the dispute
The Arbitration Act deals ith the appointment of an arbitrator and sets out astructure or set of rules to govern the conduct of an arbitration unless the partiesagree that some other structure or rules ill apply
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The Act also gives arbitrators the urisdiction to aard preudgment and post udgment interests ust li7e the courts have under the 6ourts of 4ustice Act
Partnerin intended to respond to the need for improved attitudes amongstindustry participants to the importance of teamor7 on proects
This cooperative attitude should assist in resolving proect disputes at an earlystage
) TGAT) and A=TAT) result in a 4+G(E)T TgtAT $=))G
Proect Neutral (proGect manaement oerie) The companies appoint a
proect neutral usually an independent professional eperienced in the industryto be aare of developments on the proect ith a vie to offering unbiasedadvice and decisions
Mediation esolving disputes through the negotiating process involving amediator ho is to provide guidance and to facilitate the settlement process agobeteenlt in communicating proposed settlements
There is no udgmentL the parties need to or7 out their differences
CHAPTER BB Industrial Propert$
Industrial Propert$ Rits ights that generally relate to patents trademar7scopyrights and industrial design
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bull ou can do a preliminary search in the online database or visit the Patentffice in person
0+ Preparin tDe Patent Application
bull A patent application must consist ofo a1stract ampbrief description
o specification ampclaims and boundaries of protection
o draampins
3+ File 6our Application4+ Reuest eBamination5+ EBaminer does searcD and approes or oGects+lt+ Respond to an6 oGectionsgt+ Patent ranted or oGected+
CONENTION PRIORIT
(any countries belong to the Paris 6onvention for the Protection of ndustrialProperty
This treaty allos you to invo7e convention prioritylt hich means that your filingdate in one member country ill be recognized by all others provided you file inthose countries ithin the first year
ampe if you file in 6anada in 4anuary B111 you could file up to one year later in most countriesamp4anuary B110 and still receive the same rights as if you filed in B111
PATENT COOPERATION TREAT (PCT)
t provides a standardized international filing procedure for foreign patents hichis shared by our principal trading partners including the +$ 4apan and mostEuropean countriesou may file for a patent in as many as 01I member countries through a singleapplication filed in 6anada
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INSTRIAL ESI$N
An Industrial esin is the features of shape configuration pattern or ornamentapplied to a finished article made by hand tool or machine ampappealing to the eye
There is no time limit for filing an application as long as the design has neverbeen published ampmade public to anyone
ou must file ithin 6ear of going public ith your design or you ill lose youreclusive rights to the design
The advantage of registering your industrial design is that it gives you eclusive
right to your design for up to = 6ears from tDe date of reistration
+nless you register your design you can ma7e no legal claim of onership andhave no legal protection from imitation
nly the proprietor ampcreator of the design may obtain registration unless youhave been hired to develop a design Then the hirer is the proprietor
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Trade Secret industrial 7noho or valuable information acquired by abusiness t could be a
bull formula
bull pattern
bull device
bull compilation of info used to give you an advantage over the competitors
ou cannot registerbull That don-t have visual appeal
bull 3eatures that are hidden from vie or too small to appeal to the eye
bull A method of construction
bull An idea
bull (aterials used in construction
bull 3unction of an article
bull 6olor
ESI$N RE$ISTRATION
The application ill includebull Application forms ampdescription
bull At least one draing or photograph
bull 3ees
The process ill include
bull nitial processing
bull Eamination
bull egistration
ou do not have to mar7 your design in order to indicate that it is registered butmar7ing it gives you etra protection
As proprietor you may ta7e legal action against anyone ho infringes on yourdesign in 6anada but you must ta7e action ithin F years of the incident
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An 9assinment occurs hen you sell all or part of your rights in the designpermanently to another party
ou can 9license another user to allo someone else to use your design but
you still retain onership
To have your design protected in other countries you must apply separately ineach country
ou have 5 montDs to file for 9conention priorit6+ampe you apply to register in 6anada in 4anuary B111 then you have until 4uly B111 to file in other 6onvention countries and receive the same rights as if it ere 4anuary B111
LA FOR PROFESSIONAL EN$INEERS OOamp
CHAPTER 8 Te Canadian eal S$stem
The legal system of 6anada is based on the English common2lalt system andthe English courts of euit6lt system ampudgemade la and is calledCOMMON2LAlt
The 3ederal 6ourt of 6anada has urisdiction over federal matters such aspatents trademar7s and copyrights
Pu1lic aamp deals ith the rights and obligations of government ampcriminal and6onstitutional la
Pri4ate aamp deals ith the rights and obligations of individuals or private organizations ampCONTRACT AN TORT LA
Termsbull itigation lasuit
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bull Plaintiff party bringing the actionbull efendant party defending the actionbull Appellant party appealing the decisionbull espondent party see7ing to uphold a decisionbull Privity of contract legal relationship beteen parties to a contract
bull 6reditor party to hom an amount is oingbull ebtor party that oes an amount to creditor bull $uarantee A guarantees = the debt of 6omp amphen = doesn-t get paid
= goes to 6omp first then to A
bull Indemnification a promise to directly compensate or reimburseanother party for a loss or cost incurred f Aindemnifies = the debt of 6omp amphen = doesn-t get paid =goes directly to A
CHAPTER usiness Oraniations
Sole Proprietorsip an individual carries on business by and for himself andalso enoys the profits and incurs any losses personally
Partnersip an association of persons ho conduct business in common ith avie to profit ndividuals or organizations share profits and losses
Corporation an entity unto itself distinct from its oners ampfictitious personThe corporation itself ons its assets and incurs its on liabilities
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CHAPTER B International Considerations
t is etremely important to obtain advice from an appropriately eperiencedlayer in the foreign country or have the advice of a consultant in that countryt is ise to purchase political ris7 insurance and to use careful udgment together ith a local influential partner
$ome potential ris7s of or7ing internationally are
bull Political Ris is one of the more obvious ris7 factors in or7inginternationally The 6hanges in government can lead to significant policychanges
bull Licensin reuirements and obtaining necessary permits and approvalsin a foreign country under different legal systems can be timeconsuming
bull Financial Riss due to currency echange and controls or restrictions onthe transfer of funds out of the country
bull Contract documents and forms used on proects may be different
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CHAPTER gt Tort ia1ilit$
Tort8 generally refers to a private or civil rong or inury one that involvesnegligence and that may arise independently of contract ampcar driver and victim
amphich includes financial loss hen based on a professional-s opinion
The fundamental purpose of tort la is to compensate ictims of tortsPunishment of negligent rongdoers IS NOT a purpose of tort la
Professional liability insurance should provide protection if an engineer-snegligence results in damage arising in tort
n order to satisfy the courts that compensation should be made the plaintiff in atort action must prove that
bull The defendant oed the plaintiff a duty of care
bull The defendant breached that duty by his conduct
bull The defendant-s conduct caused the inury to the plaintiff
f any 0 of these F aspects is not proven to the satisfaction of the courts theplaintiff ill not in
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A significant factor in a tort action is the establishment of the standard of carerequired of the defendant
The standard is applied based on the premise that engineers have a duty to use
the reasonable care and s7ill of engineers of ordinary competence Thereasonable carelt is measured by applicable professional standards of theengineering profession at the time the services ere performed
Strict ia1ilit$ manufacturers and employers are held strictly liable hen faultis not necessary if compensation is to be provided ampnot yet upheld in 6anadaampe All employees ma7e contributions on behalf of employees and if someone is inuredcompensation is provided ith no finding of faultampe A manufacturer may be strictl6 lialelt if for any damages that result from the use of theirproduct
0icarious ia1ilit$ The employer is responsible for damaged caused by its
employees The employer provides compensation because it is presumed thatthe employer is in a better financial position than the employee
Concurrent Tortfeasors hen more than one party is liable in a tort actionThe defendant-s together are called concurrent tortfeasors
Products ia1ilit$ The plaintiff must be able to establish that damage hasclearly resulted from appropriate use of a product and the defendantmanufacturer must then persuade the court that at the time the manufacturercould not have foreseen the defective nature of the goods manufactured6anada has not yet ta7en a strict liability approach on products as the +$ has
Products liability has developed through principles of both contract la and tortla The tort concept of fault has been applied and implied contractualarranties that the product is effective and the contract of a sale must also eist
n productsliability matters economic losses ampin the absence of physical inurymay in some circumstances be recoverable
Standards of Care and ut$ to 5arn A manufacturer must arn theconsumer of any dangerous potential of the product by appropriate labeling
Oter Tortsbull Tort of defamation8 ampif the statements that damage the reputation are true there is
no liability
o ibel D in riting
o $lander D verbal
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bull Occupiers Liailit68 The occupier of a property must eercise therequired standard of care to ensure the safety of individuals coming ontothat property
bull Tort of Nuisance8 esigned to alleviate undue interference ith the
comfortable and convenient enoyment of the plaintiff-s landampe insecticide spray drifting onto other land
CHAPTER Proof
The burden of proof is on the plaintiff to prove the case against the defendant
Engineers often find themselves ma7ing appearances as eBpert itnesses incourt
The epert is permitted to epress opinions ith respect to his or her area ofepertise and the itness should be cautious and restrict testimony to such
area
ou ill be hired by one side and crosseamined by counsel from the otherparty
Preparation is of the utmost importance in litigation The epert itness shouldclearly understand the issues in the lasuit and be aare of the scope ofquestions that can be reasonably epected
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CHAPTER 28 Contracts
3or a contract to be binding and enforceable the folloing elements must bepresent
bull An offer made and accepted
bull (utual intent to enter into the contract
bull 6onsideration or offer ampan echange of promises each promise representing
something of valueCpayment of money is not essential
bull 6apacity to contract ampcan-t be a minor drun7 or crazyCenforceable by the drun7 if
the other party 7ne they ere intoicatedbull aful purpose 6ontract on-t be enforced if it is unlaful
An offer is a promise made by one person to another
)ot all contracts are in riting
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+ntil it is accepted the offer may be ithdran by the offeror unless it is madeepressly irrevocable by its terms
Irre4oca1le Offers =idders submit offers or tenders that have been madeirrevocable for a specific period of time At any point during that period the offer
may be accepted and a contract ill be formed
Option Contract This contract is another means of 7eeping an offer open for acertain period of timeampe The party purchasing the option may ant do eploration or7 for a period of time beforedeciding to spend a large sum of money on the property
EDuita1le Estoppel A udge can stoplt the strict terms of a contract from beingfolloed if it is proven that the terms had changed outside of the agreementampoften used hen etensions to deadlines are agreed upon and then the person tried to go bac7to the original ritten contract
Pursuant to contract la consideration ampor a seal must be present in order toma7e a change to a contract enforceable D otherise it is ust a promise not laThe courts protect the person in the situation here a promise is ta7en as fullagreement
Statute of Frauds Ensures that certain types of contracts must be in riting tobe enforceable
Rectification This order can be applied for to rectify a contract because of asecretarial or recording mista7e
)nilateral Mistae A mista7e made by only one party to a contract 6ourts illdecide hether a contractor ill be relieved of their mista7e
CHAPTER 8 Tenderin Issues Contract A
a of tendering in 6anada gives the principle that there are B separatecontracts that arise in the tendering process
0 Contract A D the contract of irrevocability ampthat deals ith the tenderingphase
B Contract D the construction contract ampapplies to the construction phase
The number of number of tenders submitted is the number of 6ontract A-s thatare formed
The original tender pac7age contents cannot be changed ithout notifyingeveryone or you are in =reach of 6ontract A
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CHAPTER 82 Contract Interpretation
Parties to a contract sometimes dispute the meaning of part of the contract Todifferent approaches can be ta7en hen interpreting contracts
bull i1eral Approac ta7es into account the intent of the parties and maylead to speculation on that intent
bull Strict Approac focuses on the precise ords in the agreement andmay rely on dictionary meanings
Contra Preferentem hen a contract is ambiguous or unclear it ill beinterpreted against the person that rote it up
Parol E4idence Rule hen verbal agreements outside of the ritten contractare included as rule in a contract n most cases if a condition is agreed uponverbally but is not included in the contract then the condition is not part of thecontract
Implied Terms hen the inclusion of obvious terms of a contract have beenoverloo7ed here it is reasonable implied terms may eist in a contract
CHAPTER 83 iscare of Contracts
There are several ays to discharge a contract
bull Performance hen all parties have completed their respectiveobligations the contract is at an end
bull Areement to iscare Parties in a contract are alays free to amend
the contract or agree to cancel or terminate the contract upon mutuallyagreed terms
bull iscare Pursuant to Epress Terms t is advised to include in acontract terms here all parties may terminate the contract if certainoutside events ere to occur ampe ban7ruptcy
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bull iscare 1$ Frustration hen changing unforeseeablecircumstances occur that may radically change the obligations of theparties
o Force Maeure Provides that the time for completion ill beetended in the event of ar riot flood labor dispute or other
events that are beyond the control of both parties
bull iscare 1$ reac of Contract ne party fail to perform obligations
o iscare 1$ Repudiation hen the party to a contract
epressly tells the other party that they have no intention ofperforming contractual obligations
CHAPTER 86 reac of Contract
f a party to a contract fails to perform obligations specified in the contract thenthat party has breached the contract
The innocent party is entitled to certain remedies depending on the nature of thebreach and the terms of the contract
Condition an obligation that is essential or vital to the contract5arrant$ an obligation that is NOT essential or vital to the contract
A =reach of 6ontract is a cause for discharge only if its effect is to render itpurposeless for the innocent party to proceed further ith performance
Repudiation hen the party to a contract epressly tells the other party thatthey have no intention of performing contractual obligations
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REMIIES
A nondefaulting party is entitled to damages for losses incurred as a result of abreach of contract
irect amaes Actual calculated difference in the cost of having to chooseone service over the other ampthe loest bid is chosen and then they refuse to do the or7so the second loest bid is chosen and the party sues for the monetary difference beteen theloest and second loest bid
Indirect amaes Are consequential to the breach and might include damagesfor lost profits or damages incurred if the contract is not fulfilled
iDuidated amaes Are preestimated damages if certain events ere tooccur that are ritten into the contract under a Penalty 6lause
ltuantum Meruit hen services have been requested and performed but nooutside agreement as reached beteen the parties as to hat payment ouldbe provided in return for the services then the courts can aard the person ithas much as is reasonably deservedlt for time spent and materials supplied
Su1stantial Compliance hen a contractor has substantially complied iththe terms of a contract yet failed to comply ith some minor aspect of thecontract The contractor ill be paid the contract price minus the cost ofdamages caused by the minor problems
Specific Performance hen the courts require a party to perform a contractual
obligation li7e the sale of land or a personal item
Inunction A court order that prohibits or restrains a party from performing anactCHAPTER 9 Fundamental reac
Applies to a contract that contains an eemption clause amphere parties limit theirliability if a breach of contract results and ma7es the eemption ineffective
CHAPTER 8 Areement etampeen Client and Enineer
A contract beteen a client and an engineer must include all of the essentialcontract elements
The document ill not specify the degree of care that is required of the engineerin carrying out the services =ut the engineer is liable for incompetence
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carelessness or negligence that results in damages to the client and for notperforming ith an ordinary and reasonable degree of care and s7ill
CHAPTER Concurrent ia1ilit$ in Tort and Contract
+nless otherise stated in a contract the standard of care epected of anengineer doing a ob is the same standard of care by hich an engineer-sperformance is measured in tort
3or a breach of contract there is a limitation period of I years from date of thebreach in hich to press charges instead of hen it is discovered
n tort the limitation period in hich to press charges starts hen the damagesare first detected
CHAPTER 3 Ar1itration and AR
A lasuit is not alays the best ay to resolve a dispute beteen contractingparties especially technical disputes
Ar1itration or Alternati4e ispute Resolution +AR- t is less costly and lesspublic than litigation
An engineer that is an arbitrator is epected to act impartially and independentlyof the parties to the dispute
The Arbitration Act deals ith the appointment of an arbitrator and sets out astructure or set of rules to govern the conduct of an arbitration unless the partiesagree that some other structure or rules ill apply
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The Act also gives arbitrators the urisdiction to aard preudgment and post udgment interests ust li7e the courts have under the 6ourts of 4ustice Act
Partnerin intended to respond to the need for improved attitudes amongstindustry participants to the importance of teamor7 on proects
This cooperative attitude should assist in resolving proect disputes at an earlystage
) TGAT) and A=TAT) result in a 4+G(E)T TgtAT $=))G
Proect Neutral (proGect manaement oerie) The companies appoint a
proect neutral usually an independent professional eperienced in the industryto be aare of developments on the proect ith a vie to offering unbiasedadvice and decisions
Mediation esolving disputes through the negotiating process involving amediator ho is to provide guidance and to facilitate the settlement process agobeteenlt in communicating proposed settlements
There is no udgmentL the parties need to or7 out their differences
CHAPTER BB Industrial Propert$
Industrial Propert$ Rits ights that generally relate to patents trademar7scopyrights and industrial design
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INSTRIAL ESI$N
An Industrial esin is the features of shape configuration pattern or ornamentapplied to a finished article made by hand tool or machine ampappealing to the eye
There is no time limit for filing an application as long as the design has neverbeen published ampmade public to anyone
ou must file ithin 6ear of going public ith your design or you ill lose youreclusive rights to the design
The advantage of registering your industrial design is that it gives you eclusive
right to your design for up to = 6ears from tDe date of reistration
+nless you register your design you can ma7e no legal claim of onership andhave no legal protection from imitation
nly the proprietor ampcreator of the design may obtain registration unless youhave been hired to develop a design Then the hirer is the proprietor
7182019 01 Ethics Notesdoc
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Trade Secret industrial 7noho or valuable information acquired by abusiness t could be a
bull formula
bull pattern
bull device
bull compilation of info used to give you an advantage over the competitors
ou cannot registerbull That don-t have visual appeal
bull 3eatures that are hidden from vie or too small to appeal to the eye
bull A method of construction
bull An idea
bull (aterials used in construction
bull 3unction of an article
bull 6olor
ESI$N RE$ISTRATION
The application ill includebull Application forms ampdescription
bull At least one draing or photograph
bull 3ees
The process ill include
bull nitial processing
bull Eamination
bull egistration
ou do not have to mar7 your design in order to indicate that it is registered butmar7ing it gives you etra protection
As proprietor you may ta7e legal action against anyone ho infringes on yourdesign in 6anada but you must ta7e action ithin F years of the incident
7182019 01 Ethics Notesdoc
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An 9assinment occurs hen you sell all or part of your rights in the designpermanently to another party
ou can 9license another user to allo someone else to use your design but
you still retain onership
To have your design protected in other countries you must apply separately ineach country
ou have 5 montDs to file for 9conention priorit6+ampe you apply to register in 6anada in 4anuary B111 then you have until 4uly B111 to file in other 6onvention countries and receive the same rights as if it ere 4anuary B111
LA FOR PROFESSIONAL EN$INEERS OOamp
CHAPTER 8 Te Canadian eal S$stem
The legal system of 6anada is based on the English common2lalt system andthe English courts of euit6lt system ampudgemade la and is calledCOMMON2LAlt
The 3ederal 6ourt of 6anada has urisdiction over federal matters such aspatents trademar7s and copyrights
Pu1lic aamp deals ith the rights and obligations of government ampcriminal and6onstitutional la
Pri4ate aamp deals ith the rights and obligations of individuals or private organizations ampCONTRACT AN TORT LA
Termsbull itigation lasuit
7182019 01 Ethics Notesdoc
httpslidepdfcomreaderfull01-ethics-notesdoc 4556
bull Plaintiff party bringing the actionbull efendant party defending the actionbull Appellant party appealing the decisionbull espondent party see7ing to uphold a decisionbull Privity of contract legal relationship beteen parties to a contract
bull 6reditor party to hom an amount is oingbull ebtor party that oes an amount to creditor bull $uarantee A guarantees = the debt of 6omp amphen = doesn-t get paid
= goes to 6omp first then to A
bull Indemnification a promise to directly compensate or reimburseanother party for a loss or cost incurred f Aindemnifies = the debt of 6omp amphen = doesn-t get paid =goes directly to A
CHAPTER usiness Oraniations
Sole Proprietorsip an individual carries on business by and for himself andalso enoys the profits and incurs any losses personally
Partnersip an association of persons ho conduct business in common ith avie to profit ndividuals or organizations share profits and losses
Corporation an entity unto itself distinct from its oners ampfictitious personThe corporation itself ons its assets and incurs its on liabilities
7182019 01 Ethics Notesdoc
httpslidepdfcomreaderfull01-ethics-notesdoc 4656
CHAPTER B International Considerations
t is etremely important to obtain advice from an appropriately eperiencedlayer in the foreign country or have the advice of a consultant in that countryt is ise to purchase political ris7 insurance and to use careful udgment together ith a local influential partner
$ome potential ris7s of or7ing internationally are
bull Political Ris is one of the more obvious ris7 factors in or7inginternationally The 6hanges in government can lead to significant policychanges
bull Licensin reuirements and obtaining necessary permits and approvalsin a foreign country under different legal systems can be timeconsuming
bull Financial Riss due to currency echange and controls or restrictions onthe transfer of funds out of the country
bull Contract documents and forms used on proects may be different
7182019 01 Ethics Notesdoc
httpslidepdfcomreaderfull01-ethics-notesdoc 4756
CHAPTER gt Tort ia1ilit$
Tort8 generally refers to a private or civil rong or inury one that involvesnegligence and that may arise independently of contract ampcar driver and victim
amphich includes financial loss hen based on a professional-s opinion
The fundamental purpose of tort la is to compensate ictims of tortsPunishment of negligent rongdoers IS NOT a purpose of tort la
Professional liability insurance should provide protection if an engineer-snegligence results in damage arising in tort
n order to satisfy the courts that compensation should be made the plaintiff in atort action must prove that
bull The defendant oed the plaintiff a duty of care
bull The defendant breached that duty by his conduct
bull The defendant-s conduct caused the inury to the plaintiff
f any 0 of these F aspects is not proven to the satisfaction of the courts theplaintiff ill not in
7182019 01 Ethics Notesdoc
httpslidepdfcomreaderfull01-ethics-notesdoc 4856
A significant factor in a tort action is the establishment of the standard of carerequired of the defendant
The standard is applied based on the premise that engineers have a duty to use
the reasonable care and s7ill of engineers of ordinary competence Thereasonable carelt is measured by applicable professional standards of theengineering profession at the time the services ere performed
Strict ia1ilit$ manufacturers and employers are held strictly liable hen faultis not necessary if compensation is to be provided ampnot yet upheld in 6anadaampe All employees ma7e contributions on behalf of employees and if someone is inuredcompensation is provided ith no finding of faultampe A manufacturer may be strictl6 lialelt if for any damages that result from the use of theirproduct
0icarious ia1ilit$ The employer is responsible for damaged caused by its
employees The employer provides compensation because it is presumed thatthe employer is in a better financial position than the employee
Concurrent Tortfeasors hen more than one party is liable in a tort actionThe defendant-s together are called concurrent tortfeasors
Products ia1ilit$ The plaintiff must be able to establish that damage hasclearly resulted from appropriate use of a product and the defendantmanufacturer must then persuade the court that at the time the manufacturercould not have foreseen the defective nature of the goods manufactured6anada has not yet ta7en a strict liability approach on products as the +$ has
Products liability has developed through principles of both contract la and tortla The tort concept of fault has been applied and implied contractualarranties that the product is effective and the contract of a sale must also eist
n productsliability matters economic losses ampin the absence of physical inurymay in some circumstances be recoverable
Standards of Care and ut$ to 5arn A manufacturer must arn theconsumer of any dangerous potential of the product by appropriate labeling
Oter Tortsbull Tort of defamation8 ampif the statements that damage the reputation are true there is
no liability
o ibel D in riting
o $lander D verbal
7182019 01 Ethics Notesdoc
httpslidepdfcomreaderfull01-ethics-notesdoc 4956
bull Occupiers Liailit68 The occupier of a property must eercise therequired standard of care to ensure the safety of individuals coming ontothat property
bull Tort of Nuisance8 esigned to alleviate undue interference ith the
comfortable and convenient enoyment of the plaintiff-s landampe insecticide spray drifting onto other land
CHAPTER Proof
The burden of proof is on the plaintiff to prove the case against the defendant
Engineers often find themselves ma7ing appearances as eBpert itnesses incourt
The epert is permitted to epress opinions ith respect to his or her area ofepertise and the itness should be cautious and restrict testimony to such
area
ou ill be hired by one side and crosseamined by counsel from the otherparty
Preparation is of the utmost importance in litigation The epert itness shouldclearly understand the issues in the lasuit and be aare of the scope ofquestions that can be reasonably epected
7182019 01 Ethics Notesdoc
httpslidepdfcomreaderfull01-ethics-notesdoc 5056
CHAPTER 28 Contracts
3or a contract to be binding and enforceable the folloing elements must bepresent
bull An offer made and accepted
bull (utual intent to enter into the contract
bull 6onsideration or offer ampan echange of promises each promise representing
something of valueCpayment of money is not essential
bull 6apacity to contract ampcan-t be a minor drun7 or crazyCenforceable by the drun7 if
the other party 7ne they ere intoicatedbull aful purpose 6ontract on-t be enforced if it is unlaful
An offer is a promise made by one person to another
)ot all contracts are in riting
7182019 01 Ethics Notesdoc
httpslidepdfcomreaderfull01-ethics-notesdoc 5156
+ntil it is accepted the offer may be ithdran by the offeror unless it is madeepressly irrevocable by its terms
Irre4oca1le Offers =idders submit offers or tenders that have been madeirrevocable for a specific period of time At any point during that period the offer
may be accepted and a contract ill be formed
Option Contract This contract is another means of 7eeping an offer open for acertain period of timeampe The party purchasing the option may ant do eploration or7 for a period of time beforedeciding to spend a large sum of money on the property
EDuita1le Estoppel A udge can stoplt the strict terms of a contract from beingfolloed if it is proven that the terms had changed outside of the agreementampoften used hen etensions to deadlines are agreed upon and then the person tried to go bac7to the original ritten contract
Pursuant to contract la consideration ampor a seal must be present in order toma7e a change to a contract enforceable D otherise it is ust a promise not laThe courts protect the person in the situation here a promise is ta7en as fullagreement
Statute of Frauds Ensures that certain types of contracts must be in riting tobe enforceable
Rectification This order can be applied for to rectify a contract because of asecretarial or recording mista7e
)nilateral Mistae A mista7e made by only one party to a contract 6ourts illdecide hether a contractor ill be relieved of their mista7e
CHAPTER 8 Tenderin Issues Contract A
a of tendering in 6anada gives the principle that there are B separatecontracts that arise in the tendering process
0 Contract A D the contract of irrevocability ampthat deals ith the tenderingphase
B Contract D the construction contract ampapplies to the construction phase
The number of number of tenders submitted is the number of 6ontract A-s thatare formed
The original tender pac7age contents cannot be changed ithout notifyingeveryone or you are in =reach of 6ontract A
7182019 01 Ethics Notesdoc
httpslidepdfcomreaderfull01-ethics-notesdoc 5256
CHAPTER 82 Contract Interpretation
Parties to a contract sometimes dispute the meaning of part of the contract Todifferent approaches can be ta7en hen interpreting contracts
bull i1eral Approac ta7es into account the intent of the parties and maylead to speculation on that intent
bull Strict Approac focuses on the precise ords in the agreement andmay rely on dictionary meanings
Contra Preferentem hen a contract is ambiguous or unclear it ill beinterpreted against the person that rote it up
Parol E4idence Rule hen verbal agreements outside of the ritten contractare included as rule in a contract n most cases if a condition is agreed uponverbally but is not included in the contract then the condition is not part of thecontract
Implied Terms hen the inclusion of obvious terms of a contract have beenoverloo7ed here it is reasonable implied terms may eist in a contract
CHAPTER 83 iscare of Contracts
There are several ays to discharge a contract
bull Performance hen all parties have completed their respectiveobligations the contract is at an end
bull Areement to iscare Parties in a contract are alays free to amend
the contract or agree to cancel or terminate the contract upon mutuallyagreed terms
bull iscare Pursuant to Epress Terms t is advised to include in acontract terms here all parties may terminate the contract if certainoutside events ere to occur ampe ban7ruptcy
7182019 01 Ethics Notesdoc
httpslidepdfcomreaderfull01-ethics-notesdoc 5356
bull iscare 1$ Frustration hen changing unforeseeablecircumstances occur that may radically change the obligations of theparties
o Force Maeure Provides that the time for completion ill beetended in the event of ar riot flood labor dispute or other
events that are beyond the control of both parties
bull iscare 1$ reac of Contract ne party fail to perform obligations
o iscare 1$ Repudiation hen the party to a contract
epressly tells the other party that they have no intention ofperforming contractual obligations
CHAPTER 86 reac of Contract
f a party to a contract fails to perform obligations specified in the contract thenthat party has breached the contract
The innocent party is entitled to certain remedies depending on the nature of thebreach and the terms of the contract
Condition an obligation that is essential or vital to the contract5arrant$ an obligation that is NOT essential or vital to the contract
A =reach of 6ontract is a cause for discharge only if its effect is to render itpurposeless for the innocent party to proceed further ith performance
Repudiation hen the party to a contract epressly tells the other party thatthey have no intention of performing contractual obligations
7182019 01 Ethics Notesdoc
httpslidepdfcomreaderfull01-ethics-notesdoc 5456
REMIIES
A nondefaulting party is entitled to damages for losses incurred as a result of abreach of contract
irect amaes Actual calculated difference in the cost of having to chooseone service over the other ampthe loest bid is chosen and then they refuse to do the or7so the second loest bid is chosen and the party sues for the monetary difference beteen theloest and second loest bid
Indirect amaes Are consequential to the breach and might include damagesfor lost profits or damages incurred if the contract is not fulfilled
iDuidated amaes Are preestimated damages if certain events ere tooccur that are ritten into the contract under a Penalty 6lause
ltuantum Meruit hen services have been requested and performed but nooutside agreement as reached beteen the parties as to hat payment ouldbe provided in return for the services then the courts can aard the person ithas much as is reasonably deservedlt for time spent and materials supplied
Su1stantial Compliance hen a contractor has substantially complied iththe terms of a contract yet failed to comply ith some minor aspect of thecontract The contractor ill be paid the contract price minus the cost ofdamages caused by the minor problems
Specific Performance hen the courts require a party to perform a contractual
obligation li7e the sale of land or a personal item
Inunction A court order that prohibits or restrains a party from performing anactCHAPTER 9 Fundamental reac
Applies to a contract that contains an eemption clause amphere parties limit theirliability if a breach of contract results and ma7es the eemption ineffective
CHAPTER 8 Areement etampeen Client and Enineer
A contract beteen a client and an engineer must include all of the essentialcontract elements
The document ill not specify the degree of care that is required of the engineerin carrying out the services =ut the engineer is liable for incompetence
7182019 01 Ethics Notesdoc
httpslidepdfcomreaderfull01-ethics-notesdoc 5556
carelessness or negligence that results in damages to the client and for notperforming ith an ordinary and reasonable degree of care and s7ill
CHAPTER Concurrent ia1ilit$ in Tort and Contract
+nless otherise stated in a contract the standard of care epected of anengineer doing a ob is the same standard of care by hich an engineer-sperformance is measured in tort
3or a breach of contract there is a limitation period of I years from date of thebreach in hich to press charges instead of hen it is discovered
n tort the limitation period in hich to press charges starts hen the damagesare first detected
CHAPTER 3 Ar1itration and AR
A lasuit is not alays the best ay to resolve a dispute beteen contractingparties especially technical disputes
Ar1itration or Alternati4e ispute Resolution +AR- t is less costly and lesspublic than litigation
An engineer that is an arbitrator is epected to act impartially and independentlyof the parties to the dispute
The Arbitration Act deals ith the appointment of an arbitrator and sets out astructure or set of rules to govern the conduct of an arbitration unless the partiesagree that some other structure or rules ill apply
7182019 01 Ethics Notesdoc
httpslidepdfcomreaderfull01-ethics-notesdoc 5656
The Act also gives arbitrators the urisdiction to aard preudgment and post udgment interests ust li7e the courts have under the 6ourts of 4ustice Act
Partnerin intended to respond to the need for improved attitudes amongstindustry participants to the importance of teamor7 on proects
This cooperative attitude should assist in resolving proect disputes at an earlystage
) TGAT) and A=TAT) result in a 4+G(E)T TgtAT $=))G
Proect Neutral (proGect manaement oerie) The companies appoint a
proect neutral usually an independent professional eperienced in the industryto be aare of developments on the proect ith a vie to offering unbiasedadvice and decisions
Mediation esolving disputes through the negotiating process involving amediator ho is to provide guidance and to facilitate the settlement process agobeteenlt in communicating proposed settlements
There is no udgmentL the parties need to or7 out their differences
CHAPTER BB Industrial Propert$
Industrial Propert$ Rits ights that generally relate to patents trademar7scopyrights and industrial design
7182019 01 Ethics Notesdoc
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Trade Secret industrial 7noho or valuable information acquired by abusiness t could be a
bull formula
bull pattern
bull device
bull compilation of info used to give you an advantage over the competitors
ou cannot registerbull That don-t have visual appeal
bull 3eatures that are hidden from vie or too small to appeal to the eye
bull A method of construction
bull An idea
bull (aterials used in construction
bull 3unction of an article
bull 6olor
ESI$N RE$ISTRATION
The application ill includebull Application forms ampdescription
bull At least one draing or photograph
bull 3ees
The process ill include
bull nitial processing
bull Eamination
bull egistration
ou do not have to mar7 your design in order to indicate that it is registered butmar7ing it gives you etra protection
As proprietor you may ta7e legal action against anyone ho infringes on yourdesign in 6anada but you must ta7e action ithin F years of the incident
7182019 01 Ethics Notesdoc
httpslidepdfcomreaderfull01-ethics-notesdoc 4456
An 9assinment occurs hen you sell all or part of your rights in the designpermanently to another party
ou can 9license another user to allo someone else to use your design but
you still retain onership
To have your design protected in other countries you must apply separately ineach country
ou have 5 montDs to file for 9conention priorit6+ampe you apply to register in 6anada in 4anuary B111 then you have until 4uly B111 to file in other 6onvention countries and receive the same rights as if it ere 4anuary B111
LA FOR PROFESSIONAL EN$INEERS OOamp
CHAPTER 8 Te Canadian eal S$stem
The legal system of 6anada is based on the English common2lalt system andthe English courts of euit6lt system ampudgemade la and is calledCOMMON2LAlt
The 3ederal 6ourt of 6anada has urisdiction over federal matters such aspatents trademar7s and copyrights
Pu1lic aamp deals ith the rights and obligations of government ampcriminal and6onstitutional la
Pri4ate aamp deals ith the rights and obligations of individuals or private organizations ampCONTRACT AN TORT LA
Termsbull itigation lasuit
7182019 01 Ethics Notesdoc
httpslidepdfcomreaderfull01-ethics-notesdoc 4556
bull Plaintiff party bringing the actionbull efendant party defending the actionbull Appellant party appealing the decisionbull espondent party see7ing to uphold a decisionbull Privity of contract legal relationship beteen parties to a contract
bull 6reditor party to hom an amount is oingbull ebtor party that oes an amount to creditor bull $uarantee A guarantees = the debt of 6omp amphen = doesn-t get paid
= goes to 6omp first then to A
bull Indemnification a promise to directly compensate or reimburseanother party for a loss or cost incurred f Aindemnifies = the debt of 6omp amphen = doesn-t get paid =goes directly to A
CHAPTER usiness Oraniations
Sole Proprietorsip an individual carries on business by and for himself andalso enoys the profits and incurs any losses personally
Partnersip an association of persons ho conduct business in common ith avie to profit ndividuals or organizations share profits and losses
Corporation an entity unto itself distinct from its oners ampfictitious personThe corporation itself ons its assets and incurs its on liabilities
7182019 01 Ethics Notesdoc
httpslidepdfcomreaderfull01-ethics-notesdoc 4656
CHAPTER B International Considerations
t is etremely important to obtain advice from an appropriately eperiencedlayer in the foreign country or have the advice of a consultant in that countryt is ise to purchase political ris7 insurance and to use careful udgment together ith a local influential partner
$ome potential ris7s of or7ing internationally are
bull Political Ris is one of the more obvious ris7 factors in or7inginternationally The 6hanges in government can lead to significant policychanges
bull Licensin reuirements and obtaining necessary permits and approvalsin a foreign country under different legal systems can be timeconsuming
bull Financial Riss due to currency echange and controls or restrictions onthe transfer of funds out of the country
bull Contract documents and forms used on proects may be different
7182019 01 Ethics Notesdoc
httpslidepdfcomreaderfull01-ethics-notesdoc 4756
CHAPTER gt Tort ia1ilit$
Tort8 generally refers to a private or civil rong or inury one that involvesnegligence and that may arise independently of contract ampcar driver and victim
amphich includes financial loss hen based on a professional-s opinion
The fundamental purpose of tort la is to compensate ictims of tortsPunishment of negligent rongdoers IS NOT a purpose of tort la
Professional liability insurance should provide protection if an engineer-snegligence results in damage arising in tort
n order to satisfy the courts that compensation should be made the plaintiff in atort action must prove that
bull The defendant oed the plaintiff a duty of care
bull The defendant breached that duty by his conduct
bull The defendant-s conduct caused the inury to the plaintiff
f any 0 of these F aspects is not proven to the satisfaction of the courts theplaintiff ill not in
7182019 01 Ethics Notesdoc
httpslidepdfcomreaderfull01-ethics-notesdoc 4856
A significant factor in a tort action is the establishment of the standard of carerequired of the defendant
The standard is applied based on the premise that engineers have a duty to use
the reasonable care and s7ill of engineers of ordinary competence Thereasonable carelt is measured by applicable professional standards of theengineering profession at the time the services ere performed
Strict ia1ilit$ manufacturers and employers are held strictly liable hen faultis not necessary if compensation is to be provided ampnot yet upheld in 6anadaampe All employees ma7e contributions on behalf of employees and if someone is inuredcompensation is provided ith no finding of faultampe A manufacturer may be strictl6 lialelt if for any damages that result from the use of theirproduct
0icarious ia1ilit$ The employer is responsible for damaged caused by its
employees The employer provides compensation because it is presumed thatthe employer is in a better financial position than the employee
Concurrent Tortfeasors hen more than one party is liable in a tort actionThe defendant-s together are called concurrent tortfeasors
Products ia1ilit$ The plaintiff must be able to establish that damage hasclearly resulted from appropriate use of a product and the defendantmanufacturer must then persuade the court that at the time the manufacturercould not have foreseen the defective nature of the goods manufactured6anada has not yet ta7en a strict liability approach on products as the +$ has
Products liability has developed through principles of both contract la and tortla The tort concept of fault has been applied and implied contractualarranties that the product is effective and the contract of a sale must also eist
n productsliability matters economic losses ampin the absence of physical inurymay in some circumstances be recoverable
Standards of Care and ut$ to 5arn A manufacturer must arn theconsumer of any dangerous potential of the product by appropriate labeling
Oter Tortsbull Tort of defamation8 ampif the statements that damage the reputation are true there is
no liability
o ibel D in riting
o $lander D verbal
7182019 01 Ethics Notesdoc
httpslidepdfcomreaderfull01-ethics-notesdoc 4956
bull Occupiers Liailit68 The occupier of a property must eercise therequired standard of care to ensure the safety of individuals coming ontothat property
bull Tort of Nuisance8 esigned to alleviate undue interference ith the
comfortable and convenient enoyment of the plaintiff-s landampe insecticide spray drifting onto other land
CHAPTER Proof
The burden of proof is on the plaintiff to prove the case against the defendant
Engineers often find themselves ma7ing appearances as eBpert itnesses incourt
The epert is permitted to epress opinions ith respect to his or her area ofepertise and the itness should be cautious and restrict testimony to such
area
ou ill be hired by one side and crosseamined by counsel from the otherparty
Preparation is of the utmost importance in litigation The epert itness shouldclearly understand the issues in the lasuit and be aare of the scope ofquestions that can be reasonably epected
7182019 01 Ethics Notesdoc
httpslidepdfcomreaderfull01-ethics-notesdoc 5056
CHAPTER 28 Contracts
3or a contract to be binding and enforceable the folloing elements must bepresent
bull An offer made and accepted
bull (utual intent to enter into the contract
bull 6onsideration or offer ampan echange of promises each promise representing
something of valueCpayment of money is not essential
bull 6apacity to contract ampcan-t be a minor drun7 or crazyCenforceable by the drun7 if
the other party 7ne they ere intoicatedbull aful purpose 6ontract on-t be enforced if it is unlaful
An offer is a promise made by one person to another
)ot all contracts are in riting
7182019 01 Ethics Notesdoc
httpslidepdfcomreaderfull01-ethics-notesdoc 5156
+ntil it is accepted the offer may be ithdran by the offeror unless it is madeepressly irrevocable by its terms
Irre4oca1le Offers =idders submit offers or tenders that have been madeirrevocable for a specific period of time At any point during that period the offer
may be accepted and a contract ill be formed
Option Contract This contract is another means of 7eeping an offer open for acertain period of timeampe The party purchasing the option may ant do eploration or7 for a period of time beforedeciding to spend a large sum of money on the property
EDuita1le Estoppel A udge can stoplt the strict terms of a contract from beingfolloed if it is proven that the terms had changed outside of the agreementampoften used hen etensions to deadlines are agreed upon and then the person tried to go bac7to the original ritten contract
Pursuant to contract la consideration ampor a seal must be present in order toma7e a change to a contract enforceable D otherise it is ust a promise not laThe courts protect the person in the situation here a promise is ta7en as fullagreement
Statute of Frauds Ensures that certain types of contracts must be in riting tobe enforceable
Rectification This order can be applied for to rectify a contract because of asecretarial or recording mista7e
)nilateral Mistae A mista7e made by only one party to a contract 6ourts illdecide hether a contractor ill be relieved of their mista7e
CHAPTER 8 Tenderin Issues Contract A
a of tendering in 6anada gives the principle that there are B separatecontracts that arise in the tendering process
0 Contract A D the contract of irrevocability ampthat deals ith the tenderingphase
B Contract D the construction contract ampapplies to the construction phase
The number of number of tenders submitted is the number of 6ontract A-s thatare formed
The original tender pac7age contents cannot be changed ithout notifyingeveryone or you are in =reach of 6ontract A
7182019 01 Ethics Notesdoc
httpslidepdfcomreaderfull01-ethics-notesdoc 5256
CHAPTER 82 Contract Interpretation
Parties to a contract sometimes dispute the meaning of part of the contract Todifferent approaches can be ta7en hen interpreting contracts
bull i1eral Approac ta7es into account the intent of the parties and maylead to speculation on that intent
bull Strict Approac focuses on the precise ords in the agreement andmay rely on dictionary meanings
Contra Preferentem hen a contract is ambiguous or unclear it ill beinterpreted against the person that rote it up
Parol E4idence Rule hen verbal agreements outside of the ritten contractare included as rule in a contract n most cases if a condition is agreed uponverbally but is not included in the contract then the condition is not part of thecontract
Implied Terms hen the inclusion of obvious terms of a contract have beenoverloo7ed here it is reasonable implied terms may eist in a contract
CHAPTER 83 iscare of Contracts
There are several ays to discharge a contract
bull Performance hen all parties have completed their respectiveobligations the contract is at an end
bull Areement to iscare Parties in a contract are alays free to amend
the contract or agree to cancel or terminate the contract upon mutuallyagreed terms
bull iscare Pursuant to Epress Terms t is advised to include in acontract terms here all parties may terminate the contract if certainoutside events ere to occur ampe ban7ruptcy
7182019 01 Ethics Notesdoc
httpslidepdfcomreaderfull01-ethics-notesdoc 5356
bull iscare 1$ Frustration hen changing unforeseeablecircumstances occur that may radically change the obligations of theparties
o Force Maeure Provides that the time for completion ill beetended in the event of ar riot flood labor dispute or other
events that are beyond the control of both parties
bull iscare 1$ reac of Contract ne party fail to perform obligations
o iscare 1$ Repudiation hen the party to a contract
epressly tells the other party that they have no intention ofperforming contractual obligations
CHAPTER 86 reac of Contract
f a party to a contract fails to perform obligations specified in the contract thenthat party has breached the contract
The innocent party is entitled to certain remedies depending on the nature of thebreach and the terms of the contract
Condition an obligation that is essential or vital to the contract5arrant$ an obligation that is NOT essential or vital to the contract
A =reach of 6ontract is a cause for discharge only if its effect is to render itpurposeless for the innocent party to proceed further ith performance
Repudiation hen the party to a contract epressly tells the other party thatthey have no intention of performing contractual obligations
7182019 01 Ethics Notesdoc
httpslidepdfcomreaderfull01-ethics-notesdoc 5456
REMIIES
A nondefaulting party is entitled to damages for losses incurred as a result of abreach of contract
irect amaes Actual calculated difference in the cost of having to chooseone service over the other ampthe loest bid is chosen and then they refuse to do the or7so the second loest bid is chosen and the party sues for the monetary difference beteen theloest and second loest bid
Indirect amaes Are consequential to the breach and might include damagesfor lost profits or damages incurred if the contract is not fulfilled
iDuidated amaes Are preestimated damages if certain events ere tooccur that are ritten into the contract under a Penalty 6lause
ltuantum Meruit hen services have been requested and performed but nooutside agreement as reached beteen the parties as to hat payment ouldbe provided in return for the services then the courts can aard the person ithas much as is reasonably deservedlt for time spent and materials supplied
Su1stantial Compliance hen a contractor has substantially complied iththe terms of a contract yet failed to comply ith some minor aspect of thecontract The contractor ill be paid the contract price minus the cost ofdamages caused by the minor problems
Specific Performance hen the courts require a party to perform a contractual
obligation li7e the sale of land or a personal item
Inunction A court order that prohibits or restrains a party from performing anactCHAPTER 9 Fundamental reac
Applies to a contract that contains an eemption clause amphere parties limit theirliability if a breach of contract results and ma7es the eemption ineffective
CHAPTER 8 Areement etampeen Client and Enineer
A contract beteen a client and an engineer must include all of the essentialcontract elements
The document ill not specify the degree of care that is required of the engineerin carrying out the services =ut the engineer is liable for incompetence
7182019 01 Ethics Notesdoc
httpslidepdfcomreaderfull01-ethics-notesdoc 5556
carelessness or negligence that results in damages to the client and for notperforming ith an ordinary and reasonable degree of care and s7ill
CHAPTER Concurrent ia1ilit$ in Tort and Contract
+nless otherise stated in a contract the standard of care epected of anengineer doing a ob is the same standard of care by hich an engineer-sperformance is measured in tort
3or a breach of contract there is a limitation period of I years from date of thebreach in hich to press charges instead of hen it is discovered
n tort the limitation period in hich to press charges starts hen the damagesare first detected
CHAPTER 3 Ar1itration and AR
A lasuit is not alays the best ay to resolve a dispute beteen contractingparties especially technical disputes
Ar1itration or Alternati4e ispute Resolution +AR- t is less costly and lesspublic than litigation
An engineer that is an arbitrator is epected to act impartially and independentlyof the parties to the dispute
The Arbitration Act deals ith the appointment of an arbitrator and sets out astructure or set of rules to govern the conduct of an arbitration unless the partiesagree that some other structure or rules ill apply
7182019 01 Ethics Notesdoc
httpslidepdfcomreaderfull01-ethics-notesdoc 5656
The Act also gives arbitrators the urisdiction to aard preudgment and post udgment interests ust li7e the courts have under the 6ourts of 4ustice Act
Partnerin intended to respond to the need for improved attitudes amongstindustry participants to the importance of teamor7 on proects
This cooperative attitude should assist in resolving proect disputes at an earlystage
) TGAT) and A=TAT) result in a 4+G(E)T TgtAT $=))G
Proect Neutral (proGect manaement oerie) The companies appoint a
proect neutral usually an independent professional eperienced in the industryto be aare of developments on the proect ith a vie to offering unbiasedadvice and decisions
Mediation esolving disputes through the negotiating process involving amediator ho is to provide guidance and to facilitate the settlement process agobeteenlt in communicating proposed settlements
There is no udgmentL the parties need to or7 out their differences
CHAPTER BB Industrial Propert$
Industrial Propert$ Rits ights that generally relate to patents trademar7scopyrights and industrial design
7182019 01 Ethics Notesdoc
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An 9assinment occurs hen you sell all or part of your rights in the designpermanently to another party
ou can 9license another user to allo someone else to use your design but
you still retain onership
To have your design protected in other countries you must apply separately ineach country
ou have 5 montDs to file for 9conention priorit6+ampe you apply to register in 6anada in 4anuary B111 then you have until 4uly B111 to file in other 6onvention countries and receive the same rights as if it ere 4anuary B111
LA FOR PROFESSIONAL EN$INEERS OOamp
CHAPTER 8 Te Canadian eal S$stem
The legal system of 6anada is based on the English common2lalt system andthe English courts of euit6lt system ampudgemade la and is calledCOMMON2LAlt
The 3ederal 6ourt of 6anada has urisdiction over federal matters such aspatents trademar7s and copyrights
Pu1lic aamp deals ith the rights and obligations of government ampcriminal and6onstitutional la
Pri4ate aamp deals ith the rights and obligations of individuals or private organizations ampCONTRACT AN TORT LA
Termsbull itigation lasuit
7182019 01 Ethics Notesdoc
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bull Plaintiff party bringing the actionbull efendant party defending the actionbull Appellant party appealing the decisionbull espondent party see7ing to uphold a decisionbull Privity of contract legal relationship beteen parties to a contract
bull 6reditor party to hom an amount is oingbull ebtor party that oes an amount to creditor bull $uarantee A guarantees = the debt of 6omp amphen = doesn-t get paid
= goes to 6omp first then to A
bull Indemnification a promise to directly compensate or reimburseanother party for a loss or cost incurred f Aindemnifies = the debt of 6omp amphen = doesn-t get paid =goes directly to A
CHAPTER usiness Oraniations
Sole Proprietorsip an individual carries on business by and for himself andalso enoys the profits and incurs any losses personally
Partnersip an association of persons ho conduct business in common ith avie to profit ndividuals or organizations share profits and losses
Corporation an entity unto itself distinct from its oners ampfictitious personThe corporation itself ons its assets and incurs its on liabilities
7182019 01 Ethics Notesdoc
httpslidepdfcomreaderfull01-ethics-notesdoc 4656
CHAPTER B International Considerations
t is etremely important to obtain advice from an appropriately eperiencedlayer in the foreign country or have the advice of a consultant in that countryt is ise to purchase political ris7 insurance and to use careful udgment together ith a local influential partner
$ome potential ris7s of or7ing internationally are
bull Political Ris is one of the more obvious ris7 factors in or7inginternationally The 6hanges in government can lead to significant policychanges
bull Licensin reuirements and obtaining necessary permits and approvalsin a foreign country under different legal systems can be timeconsuming
bull Financial Riss due to currency echange and controls or restrictions onthe transfer of funds out of the country
bull Contract documents and forms used on proects may be different
7182019 01 Ethics Notesdoc
httpslidepdfcomreaderfull01-ethics-notesdoc 4756
CHAPTER gt Tort ia1ilit$
Tort8 generally refers to a private or civil rong or inury one that involvesnegligence and that may arise independently of contract ampcar driver and victim
amphich includes financial loss hen based on a professional-s opinion
The fundamental purpose of tort la is to compensate ictims of tortsPunishment of negligent rongdoers IS NOT a purpose of tort la
Professional liability insurance should provide protection if an engineer-snegligence results in damage arising in tort
n order to satisfy the courts that compensation should be made the plaintiff in atort action must prove that
bull The defendant oed the plaintiff a duty of care
bull The defendant breached that duty by his conduct
bull The defendant-s conduct caused the inury to the plaintiff
f any 0 of these F aspects is not proven to the satisfaction of the courts theplaintiff ill not in
7182019 01 Ethics Notesdoc
httpslidepdfcomreaderfull01-ethics-notesdoc 4856
A significant factor in a tort action is the establishment of the standard of carerequired of the defendant
The standard is applied based on the premise that engineers have a duty to use
the reasonable care and s7ill of engineers of ordinary competence Thereasonable carelt is measured by applicable professional standards of theengineering profession at the time the services ere performed
Strict ia1ilit$ manufacturers and employers are held strictly liable hen faultis not necessary if compensation is to be provided ampnot yet upheld in 6anadaampe All employees ma7e contributions on behalf of employees and if someone is inuredcompensation is provided ith no finding of faultampe A manufacturer may be strictl6 lialelt if for any damages that result from the use of theirproduct
0icarious ia1ilit$ The employer is responsible for damaged caused by its
employees The employer provides compensation because it is presumed thatthe employer is in a better financial position than the employee
Concurrent Tortfeasors hen more than one party is liable in a tort actionThe defendant-s together are called concurrent tortfeasors
Products ia1ilit$ The plaintiff must be able to establish that damage hasclearly resulted from appropriate use of a product and the defendantmanufacturer must then persuade the court that at the time the manufacturercould not have foreseen the defective nature of the goods manufactured6anada has not yet ta7en a strict liability approach on products as the +$ has
Products liability has developed through principles of both contract la and tortla The tort concept of fault has been applied and implied contractualarranties that the product is effective and the contract of a sale must also eist
n productsliability matters economic losses ampin the absence of physical inurymay in some circumstances be recoverable
Standards of Care and ut$ to 5arn A manufacturer must arn theconsumer of any dangerous potential of the product by appropriate labeling
Oter Tortsbull Tort of defamation8 ampif the statements that damage the reputation are true there is
no liability
o ibel D in riting
o $lander D verbal
7182019 01 Ethics Notesdoc
httpslidepdfcomreaderfull01-ethics-notesdoc 4956
bull Occupiers Liailit68 The occupier of a property must eercise therequired standard of care to ensure the safety of individuals coming ontothat property
bull Tort of Nuisance8 esigned to alleviate undue interference ith the
comfortable and convenient enoyment of the plaintiff-s landampe insecticide spray drifting onto other land
CHAPTER Proof
The burden of proof is on the plaintiff to prove the case against the defendant
Engineers often find themselves ma7ing appearances as eBpert itnesses incourt
The epert is permitted to epress opinions ith respect to his or her area ofepertise and the itness should be cautious and restrict testimony to such
area
ou ill be hired by one side and crosseamined by counsel from the otherparty
Preparation is of the utmost importance in litigation The epert itness shouldclearly understand the issues in the lasuit and be aare of the scope ofquestions that can be reasonably epected
7182019 01 Ethics Notesdoc
httpslidepdfcomreaderfull01-ethics-notesdoc 5056
CHAPTER 28 Contracts
3or a contract to be binding and enforceable the folloing elements must bepresent
bull An offer made and accepted
bull (utual intent to enter into the contract
bull 6onsideration or offer ampan echange of promises each promise representing
something of valueCpayment of money is not essential
bull 6apacity to contract ampcan-t be a minor drun7 or crazyCenforceable by the drun7 if
the other party 7ne they ere intoicatedbull aful purpose 6ontract on-t be enforced if it is unlaful
An offer is a promise made by one person to another
)ot all contracts are in riting
7182019 01 Ethics Notesdoc
httpslidepdfcomreaderfull01-ethics-notesdoc 5156
+ntil it is accepted the offer may be ithdran by the offeror unless it is madeepressly irrevocable by its terms
Irre4oca1le Offers =idders submit offers or tenders that have been madeirrevocable for a specific period of time At any point during that period the offer
may be accepted and a contract ill be formed
Option Contract This contract is another means of 7eeping an offer open for acertain period of timeampe The party purchasing the option may ant do eploration or7 for a period of time beforedeciding to spend a large sum of money on the property
EDuita1le Estoppel A udge can stoplt the strict terms of a contract from beingfolloed if it is proven that the terms had changed outside of the agreementampoften used hen etensions to deadlines are agreed upon and then the person tried to go bac7to the original ritten contract
Pursuant to contract la consideration ampor a seal must be present in order toma7e a change to a contract enforceable D otherise it is ust a promise not laThe courts protect the person in the situation here a promise is ta7en as fullagreement
Statute of Frauds Ensures that certain types of contracts must be in riting tobe enforceable
Rectification This order can be applied for to rectify a contract because of asecretarial or recording mista7e
)nilateral Mistae A mista7e made by only one party to a contract 6ourts illdecide hether a contractor ill be relieved of their mista7e
CHAPTER 8 Tenderin Issues Contract A
a of tendering in 6anada gives the principle that there are B separatecontracts that arise in the tendering process
0 Contract A D the contract of irrevocability ampthat deals ith the tenderingphase
B Contract D the construction contract ampapplies to the construction phase
The number of number of tenders submitted is the number of 6ontract A-s thatare formed
The original tender pac7age contents cannot be changed ithout notifyingeveryone or you are in =reach of 6ontract A
7182019 01 Ethics Notesdoc
httpslidepdfcomreaderfull01-ethics-notesdoc 5256
CHAPTER 82 Contract Interpretation
Parties to a contract sometimes dispute the meaning of part of the contract Todifferent approaches can be ta7en hen interpreting contracts
bull i1eral Approac ta7es into account the intent of the parties and maylead to speculation on that intent
bull Strict Approac focuses on the precise ords in the agreement andmay rely on dictionary meanings
Contra Preferentem hen a contract is ambiguous or unclear it ill beinterpreted against the person that rote it up
Parol E4idence Rule hen verbal agreements outside of the ritten contractare included as rule in a contract n most cases if a condition is agreed uponverbally but is not included in the contract then the condition is not part of thecontract
Implied Terms hen the inclusion of obvious terms of a contract have beenoverloo7ed here it is reasonable implied terms may eist in a contract
CHAPTER 83 iscare of Contracts
There are several ays to discharge a contract
bull Performance hen all parties have completed their respectiveobligations the contract is at an end
bull Areement to iscare Parties in a contract are alays free to amend
the contract or agree to cancel or terminate the contract upon mutuallyagreed terms
bull iscare Pursuant to Epress Terms t is advised to include in acontract terms here all parties may terminate the contract if certainoutside events ere to occur ampe ban7ruptcy
7182019 01 Ethics Notesdoc
httpslidepdfcomreaderfull01-ethics-notesdoc 5356
bull iscare 1$ Frustration hen changing unforeseeablecircumstances occur that may radically change the obligations of theparties
o Force Maeure Provides that the time for completion ill beetended in the event of ar riot flood labor dispute or other
events that are beyond the control of both parties
bull iscare 1$ reac of Contract ne party fail to perform obligations
o iscare 1$ Repudiation hen the party to a contract
epressly tells the other party that they have no intention ofperforming contractual obligations
CHAPTER 86 reac of Contract
f a party to a contract fails to perform obligations specified in the contract thenthat party has breached the contract
The innocent party is entitled to certain remedies depending on the nature of thebreach and the terms of the contract
Condition an obligation that is essential or vital to the contract5arrant$ an obligation that is NOT essential or vital to the contract
A =reach of 6ontract is a cause for discharge only if its effect is to render itpurposeless for the innocent party to proceed further ith performance
Repudiation hen the party to a contract epressly tells the other party thatthey have no intention of performing contractual obligations
7182019 01 Ethics Notesdoc
httpslidepdfcomreaderfull01-ethics-notesdoc 5456
REMIIES
A nondefaulting party is entitled to damages for losses incurred as a result of abreach of contract
irect amaes Actual calculated difference in the cost of having to chooseone service over the other ampthe loest bid is chosen and then they refuse to do the or7so the second loest bid is chosen and the party sues for the monetary difference beteen theloest and second loest bid
Indirect amaes Are consequential to the breach and might include damagesfor lost profits or damages incurred if the contract is not fulfilled
iDuidated amaes Are preestimated damages if certain events ere tooccur that are ritten into the contract under a Penalty 6lause
ltuantum Meruit hen services have been requested and performed but nooutside agreement as reached beteen the parties as to hat payment ouldbe provided in return for the services then the courts can aard the person ithas much as is reasonably deservedlt for time spent and materials supplied
Su1stantial Compliance hen a contractor has substantially complied iththe terms of a contract yet failed to comply ith some minor aspect of thecontract The contractor ill be paid the contract price minus the cost ofdamages caused by the minor problems
Specific Performance hen the courts require a party to perform a contractual
obligation li7e the sale of land or a personal item
Inunction A court order that prohibits or restrains a party from performing anactCHAPTER 9 Fundamental reac
Applies to a contract that contains an eemption clause amphere parties limit theirliability if a breach of contract results and ma7es the eemption ineffective
CHAPTER 8 Areement etampeen Client and Enineer
A contract beteen a client and an engineer must include all of the essentialcontract elements
The document ill not specify the degree of care that is required of the engineerin carrying out the services =ut the engineer is liable for incompetence
7182019 01 Ethics Notesdoc
httpslidepdfcomreaderfull01-ethics-notesdoc 5556
carelessness or negligence that results in damages to the client and for notperforming ith an ordinary and reasonable degree of care and s7ill
CHAPTER Concurrent ia1ilit$ in Tort and Contract
+nless otherise stated in a contract the standard of care epected of anengineer doing a ob is the same standard of care by hich an engineer-sperformance is measured in tort
3or a breach of contract there is a limitation period of I years from date of thebreach in hich to press charges instead of hen it is discovered
n tort the limitation period in hich to press charges starts hen the damagesare first detected
CHAPTER 3 Ar1itration and AR
A lasuit is not alays the best ay to resolve a dispute beteen contractingparties especially technical disputes
Ar1itration or Alternati4e ispute Resolution +AR- t is less costly and lesspublic than litigation
An engineer that is an arbitrator is epected to act impartially and independentlyof the parties to the dispute
The Arbitration Act deals ith the appointment of an arbitrator and sets out astructure or set of rules to govern the conduct of an arbitration unless the partiesagree that some other structure or rules ill apply
7182019 01 Ethics Notesdoc
httpslidepdfcomreaderfull01-ethics-notesdoc 5656
The Act also gives arbitrators the urisdiction to aard preudgment and post udgment interests ust li7e the courts have under the 6ourts of 4ustice Act
Partnerin intended to respond to the need for improved attitudes amongstindustry participants to the importance of teamor7 on proects
This cooperative attitude should assist in resolving proect disputes at an earlystage
) TGAT) and A=TAT) result in a 4+G(E)T TgtAT $=))G
Proect Neutral (proGect manaement oerie) The companies appoint a
proect neutral usually an independent professional eperienced in the industryto be aare of developments on the proect ith a vie to offering unbiasedadvice and decisions
Mediation esolving disputes through the negotiating process involving amediator ho is to provide guidance and to facilitate the settlement process agobeteenlt in communicating proposed settlements
There is no udgmentL the parties need to or7 out their differences
CHAPTER BB Industrial Propert$
Industrial Propert$ Rits ights that generally relate to patents trademar7scopyrights and industrial design
7182019 01 Ethics Notesdoc
httpslidepdfcomreaderfull01-ethics-notesdoc 4556
bull Plaintiff party bringing the actionbull efendant party defending the actionbull Appellant party appealing the decisionbull espondent party see7ing to uphold a decisionbull Privity of contract legal relationship beteen parties to a contract
bull 6reditor party to hom an amount is oingbull ebtor party that oes an amount to creditor bull $uarantee A guarantees = the debt of 6omp amphen = doesn-t get paid
= goes to 6omp first then to A
bull Indemnification a promise to directly compensate or reimburseanother party for a loss or cost incurred f Aindemnifies = the debt of 6omp amphen = doesn-t get paid =goes directly to A
CHAPTER usiness Oraniations
Sole Proprietorsip an individual carries on business by and for himself andalso enoys the profits and incurs any losses personally
Partnersip an association of persons ho conduct business in common ith avie to profit ndividuals or organizations share profits and losses
Corporation an entity unto itself distinct from its oners ampfictitious personThe corporation itself ons its assets and incurs its on liabilities
7182019 01 Ethics Notesdoc
httpslidepdfcomreaderfull01-ethics-notesdoc 4656
CHAPTER B International Considerations
t is etremely important to obtain advice from an appropriately eperiencedlayer in the foreign country or have the advice of a consultant in that countryt is ise to purchase political ris7 insurance and to use careful udgment together ith a local influential partner
$ome potential ris7s of or7ing internationally are
bull Political Ris is one of the more obvious ris7 factors in or7inginternationally The 6hanges in government can lead to significant policychanges
bull Licensin reuirements and obtaining necessary permits and approvalsin a foreign country under different legal systems can be timeconsuming
bull Financial Riss due to currency echange and controls or restrictions onthe transfer of funds out of the country
bull Contract documents and forms used on proects may be different
7182019 01 Ethics Notesdoc
httpslidepdfcomreaderfull01-ethics-notesdoc 4756
CHAPTER gt Tort ia1ilit$
Tort8 generally refers to a private or civil rong or inury one that involvesnegligence and that may arise independently of contract ampcar driver and victim
amphich includes financial loss hen based on a professional-s opinion
The fundamental purpose of tort la is to compensate ictims of tortsPunishment of negligent rongdoers IS NOT a purpose of tort la
Professional liability insurance should provide protection if an engineer-snegligence results in damage arising in tort
n order to satisfy the courts that compensation should be made the plaintiff in atort action must prove that
bull The defendant oed the plaintiff a duty of care
bull The defendant breached that duty by his conduct
bull The defendant-s conduct caused the inury to the plaintiff
f any 0 of these F aspects is not proven to the satisfaction of the courts theplaintiff ill not in
7182019 01 Ethics Notesdoc
httpslidepdfcomreaderfull01-ethics-notesdoc 4856
A significant factor in a tort action is the establishment of the standard of carerequired of the defendant
The standard is applied based on the premise that engineers have a duty to use
the reasonable care and s7ill of engineers of ordinary competence Thereasonable carelt is measured by applicable professional standards of theengineering profession at the time the services ere performed
Strict ia1ilit$ manufacturers and employers are held strictly liable hen faultis not necessary if compensation is to be provided ampnot yet upheld in 6anadaampe All employees ma7e contributions on behalf of employees and if someone is inuredcompensation is provided ith no finding of faultampe A manufacturer may be strictl6 lialelt if for any damages that result from the use of theirproduct
0icarious ia1ilit$ The employer is responsible for damaged caused by its
employees The employer provides compensation because it is presumed thatthe employer is in a better financial position than the employee
Concurrent Tortfeasors hen more than one party is liable in a tort actionThe defendant-s together are called concurrent tortfeasors
Products ia1ilit$ The plaintiff must be able to establish that damage hasclearly resulted from appropriate use of a product and the defendantmanufacturer must then persuade the court that at the time the manufacturercould not have foreseen the defective nature of the goods manufactured6anada has not yet ta7en a strict liability approach on products as the +$ has
Products liability has developed through principles of both contract la and tortla The tort concept of fault has been applied and implied contractualarranties that the product is effective and the contract of a sale must also eist
n productsliability matters economic losses ampin the absence of physical inurymay in some circumstances be recoverable
Standards of Care and ut$ to 5arn A manufacturer must arn theconsumer of any dangerous potential of the product by appropriate labeling
Oter Tortsbull Tort of defamation8 ampif the statements that damage the reputation are true there is
no liability
o ibel D in riting
o $lander D verbal
7182019 01 Ethics Notesdoc
httpslidepdfcomreaderfull01-ethics-notesdoc 4956
bull Occupiers Liailit68 The occupier of a property must eercise therequired standard of care to ensure the safety of individuals coming ontothat property
bull Tort of Nuisance8 esigned to alleviate undue interference ith the
comfortable and convenient enoyment of the plaintiff-s landampe insecticide spray drifting onto other land
CHAPTER Proof
The burden of proof is on the plaintiff to prove the case against the defendant
Engineers often find themselves ma7ing appearances as eBpert itnesses incourt
The epert is permitted to epress opinions ith respect to his or her area ofepertise and the itness should be cautious and restrict testimony to such
area
ou ill be hired by one side and crosseamined by counsel from the otherparty
Preparation is of the utmost importance in litigation The epert itness shouldclearly understand the issues in the lasuit and be aare of the scope ofquestions that can be reasonably epected
7182019 01 Ethics Notesdoc
httpslidepdfcomreaderfull01-ethics-notesdoc 5056
CHAPTER 28 Contracts
3or a contract to be binding and enforceable the folloing elements must bepresent
bull An offer made and accepted
bull (utual intent to enter into the contract
bull 6onsideration or offer ampan echange of promises each promise representing
something of valueCpayment of money is not essential
bull 6apacity to contract ampcan-t be a minor drun7 or crazyCenforceable by the drun7 if
the other party 7ne they ere intoicatedbull aful purpose 6ontract on-t be enforced if it is unlaful
An offer is a promise made by one person to another
)ot all contracts are in riting
7182019 01 Ethics Notesdoc
httpslidepdfcomreaderfull01-ethics-notesdoc 5156
+ntil it is accepted the offer may be ithdran by the offeror unless it is madeepressly irrevocable by its terms
Irre4oca1le Offers =idders submit offers or tenders that have been madeirrevocable for a specific period of time At any point during that period the offer
may be accepted and a contract ill be formed
Option Contract This contract is another means of 7eeping an offer open for acertain period of timeampe The party purchasing the option may ant do eploration or7 for a period of time beforedeciding to spend a large sum of money on the property
EDuita1le Estoppel A udge can stoplt the strict terms of a contract from beingfolloed if it is proven that the terms had changed outside of the agreementampoften used hen etensions to deadlines are agreed upon and then the person tried to go bac7to the original ritten contract
Pursuant to contract la consideration ampor a seal must be present in order toma7e a change to a contract enforceable D otherise it is ust a promise not laThe courts protect the person in the situation here a promise is ta7en as fullagreement
Statute of Frauds Ensures that certain types of contracts must be in riting tobe enforceable
Rectification This order can be applied for to rectify a contract because of asecretarial or recording mista7e
)nilateral Mistae A mista7e made by only one party to a contract 6ourts illdecide hether a contractor ill be relieved of their mista7e
CHAPTER 8 Tenderin Issues Contract A
a of tendering in 6anada gives the principle that there are B separatecontracts that arise in the tendering process
0 Contract A D the contract of irrevocability ampthat deals ith the tenderingphase
B Contract D the construction contract ampapplies to the construction phase
The number of number of tenders submitted is the number of 6ontract A-s thatare formed
The original tender pac7age contents cannot be changed ithout notifyingeveryone or you are in =reach of 6ontract A
7182019 01 Ethics Notesdoc
httpslidepdfcomreaderfull01-ethics-notesdoc 5256
CHAPTER 82 Contract Interpretation
Parties to a contract sometimes dispute the meaning of part of the contract Todifferent approaches can be ta7en hen interpreting contracts
bull i1eral Approac ta7es into account the intent of the parties and maylead to speculation on that intent
bull Strict Approac focuses on the precise ords in the agreement andmay rely on dictionary meanings
Contra Preferentem hen a contract is ambiguous or unclear it ill beinterpreted against the person that rote it up
Parol E4idence Rule hen verbal agreements outside of the ritten contractare included as rule in a contract n most cases if a condition is agreed uponverbally but is not included in the contract then the condition is not part of thecontract
Implied Terms hen the inclusion of obvious terms of a contract have beenoverloo7ed here it is reasonable implied terms may eist in a contract
CHAPTER 83 iscare of Contracts
There are several ays to discharge a contract
bull Performance hen all parties have completed their respectiveobligations the contract is at an end
bull Areement to iscare Parties in a contract are alays free to amend
the contract or agree to cancel or terminate the contract upon mutuallyagreed terms
bull iscare Pursuant to Epress Terms t is advised to include in acontract terms here all parties may terminate the contract if certainoutside events ere to occur ampe ban7ruptcy
7182019 01 Ethics Notesdoc
httpslidepdfcomreaderfull01-ethics-notesdoc 5356
bull iscare 1$ Frustration hen changing unforeseeablecircumstances occur that may radically change the obligations of theparties
o Force Maeure Provides that the time for completion ill beetended in the event of ar riot flood labor dispute or other
events that are beyond the control of both parties
bull iscare 1$ reac of Contract ne party fail to perform obligations
o iscare 1$ Repudiation hen the party to a contract
epressly tells the other party that they have no intention ofperforming contractual obligations
CHAPTER 86 reac of Contract
f a party to a contract fails to perform obligations specified in the contract thenthat party has breached the contract
The innocent party is entitled to certain remedies depending on the nature of thebreach and the terms of the contract
Condition an obligation that is essential or vital to the contract5arrant$ an obligation that is NOT essential or vital to the contract
A =reach of 6ontract is a cause for discharge only if its effect is to render itpurposeless for the innocent party to proceed further ith performance
Repudiation hen the party to a contract epressly tells the other party thatthey have no intention of performing contractual obligations
7182019 01 Ethics Notesdoc
httpslidepdfcomreaderfull01-ethics-notesdoc 5456
REMIIES
A nondefaulting party is entitled to damages for losses incurred as a result of abreach of contract
irect amaes Actual calculated difference in the cost of having to chooseone service over the other ampthe loest bid is chosen and then they refuse to do the or7so the second loest bid is chosen and the party sues for the monetary difference beteen theloest and second loest bid
Indirect amaes Are consequential to the breach and might include damagesfor lost profits or damages incurred if the contract is not fulfilled
iDuidated amaes Are preestimated damages if certain events ere tooccur that are ritten into the contract under a Penalty 6lause
ltuantum Meruit hen services have been requested and performed but nooutside agreement as reached beteen the parties as to hat payment ouldbe provided in return for the services then the courts can aard the person ithas much as is reasonably deservedlt for time spent and materials supplied
Su1stantial Compliance hen a contractor has substantially complied iththe terms of a contract yet failed to comply ith some minor aspect of thecontract The contractor ill be paid the contract price minus the cost ofdamages caused by the minor problems
Specific Performance hen the courts require a party to perform a contractual
obligation li7e the sale of land or a personal item
Inunction A court order that prohibits or restrains a party from performing anactCHAPTER 9 Fundamental reac
Applies to a contract that contains an eemption clause amphere parties limit theirliability if a breach of contract results and ma7es the eemption ineffective
CHAPTER 8 Areement etampeen Client and Enineer
A contract beteen a client and an engineer must include all of the essentialcontract elements
The document ill not specify the degree of care that is required of the engineerin carrying out the services =ut the engineer is liable for incompetence
7182019 01 Ethics Notesdoc
httpslidepdfcomreaderfull01-ethics-notesdoc 5556
carelessness or negligence that results in damages to the client and for notperforming ith an ordinary and reasonable degree of care and s7ill
CHAPTER Concurrent ia1ilit$ in Tort and Contract
+nless otherise stated in a contract the standard of care epected of anengineer doing a ob is the same standard of care by hich an engineer-sperformance is measured in tort
3or a breach of contract there is a limitation period of I years from date of thebreach in hich to press charges instead of hen it is discovered
n tort the limitation period in hich to press charges starts hen the damagesare first detected
CHAPTER 3 Ar1itration and AR
A lasuit is not alays the best ay to resolve a dispute beteen contractingparties especially technical disputes
Ar1itration or Alternati4e ispute Resolution +AR- t is less costly and lesspublic than litigation
An engineer that is an arbitrator is epected to act impartially and independentlyof the parties to the dispute
The Arbitration Act deals ith the appointment of an arbitrator and sets out astructure or set of rules to govern the conduct of an arbitration unless the partiesagree that some other structure or rules ill apply
7182019 01 Ethics Notesdoc
httpslidepdfcomreaderfull01-ethics-notesdoc 5656
The Act also gives arbitrators the urisdiction to aard preudgment and post udgment interests ust li7e the courts have under the 6ourts of 4ustice Act
Partnerin intended to respond to the need for improved attitudes amongstindustry participants to the importance of teamor7 on proects
This cooperative attitude should assist in resolving proect disputes at an earlystage
) TGAT) and A=TAT) result in a 4+G(E)T TgtAT $=))G
Proect Neutral (proGect manaement oerie) The companies appoint a
proect neutral usually an independent professional eperienced in the industryto be aare of developments on the proect ith a vie to offering unbiasedadvice and decisions
Mediation esolving disputes through the negotiating process involving amediator ho is to provide guidance and to facilitate the settlement process agobeteenlt in communicating proposed settlements
There is no udgmentL the parties need to or7 out their differences
CHAPTER BB Industrial Propert$
Industrial Propert$ Rits ights that generally relate to patents trademar7scopyrights and industrial design
7182019 01 Ethics Notesdoc
httpslidepdfcomreaderfull01-ethics-notesdoc 4656
CHAPTER B International Considerations
t is etremely important to obtain advice from an appropriately eperiencedlayer in the foreign country or have the advice of a consultant in that countryt is ise to purchase political ris7 insurance and to use careful udgment together ith a local influential partner
$ome potential ris7s of or7ing internationally are
bull Political Ris is one of the more obvious ris7 factors in or7inginternationally The 6hanges in government can lead to significant policychanges
bull Licensin reuirements and obtaining necessary permits and approvalsin a foreign country under different legal systems can be timeconsuming
bull Financial Riss due to currency echange and controls or restrictions onthe transfer of funds out of the country
bull Contract documents and forms used on proects may be different
7182019 01 Ethics Notesdoc
httpslidepdfcomreaderfull01-ethics-notesdoc 4756
CHAPTER gt Tort ia1ilit$
Tort8 generally refers to a private or civil rong or inury one that involvesnegligence and that may arise independently of contract ampcar driver and victim
amphich includes financial loss hen based on a professional-s opinion
The fundamental purpose of tort la is to compensate ictims of tortsPunishment of negligent rongdoers IS NOT a purpose of tort la
Professional liability insurance should provide protection if an engineer-snegligence results in damage arising in tort
n order to satisfy the courts that compensation should be made the plaintiff in atort action must prove that
bull The defendant oed the plaintiff a duty of care
bull The defendant breached that duty by his conduct
bull The defendant-s conduct caused the inury to the plaintiff
f any 0 of these F aspects is not proven to the satisfaction of the courts theplaintiff ill not in
7182019 01 Ethics Notesdoc
httpslidepdfcomreaderfull01-ethics-notesdoc 4856
A significant factor in a tort action is the establishment of the standard of carerequired of the defendant
The standard is applied based on the premise that engineers have a duty to use
the reasonable care and s7ill of engineers of ordinary competence Thereasonable carelt is measured by applicable professional standards of theengineering profession at the time the services ere performed
Strict ia1ilit$ manufacturers and employers are held strictly liable hen faultis not necessary if compensation is to be provided ampnot yet upheld in 6anadaampe All employees ma7e contributions on behalf of employees and if someone is inuredcompensation is provided ith no finding of faultampe A manufacturer may be strictl6 lialelt if for any damages that result from the use of theirproduct
0icarious ia1ilit$ The employer is responsible for damaged caused by its
employees The employer provides compensation because it is presumed thatthe employer is in a better financial position than the employee
Concurrent Tortfeasors hen more than one party is liable in a tort actionThe defendant-s together are called concurrent tortfeasors
Products ia1ilit$ The plaintiff must be able to establish that damage hasclearly resulted from appropriate use of a product and the defendantmanufacturer must then persuade the court that at the time the manufacturercould not have foreseen the defective nature of the goods manufactured6anada has not yet ta7en a strict liability approach on products as the +$ has
Products liability has developed through principles of both contract la and tortla The tort concept of fault has been applied and implied contractualarranties that the product is effective and the contract of a sale must also eist
n productsliability matters economic losses ampin the absence of physical inurymay in some circumstances be recoverable
Standards of Care and ut$ to 5arn A manufacturer must arn theconsumer of any dangerous potential of the product by appropriate labeling
Oter Tortsbull Tort of defamation8 ampif the statements that damage the reputation are true there is
no liability
o ibel D in riting
o $lander D verbal
7182019 01 Ethics Notesdoc
httpslidepdfcomreaderfull01-ethics-notesdoc 4956
bull Occupiers Liailit68 The occupier of a property must eercise therequired standard of care to ensure the safety of individuals coming ontothat property
bull Tort of Nuisance8 esigned to alleviate undue interference ith the
comfortable and convenient enoyment of the plaintiff-s landampe insecticide spray drifting onto other land
CHAPTER Proof
The burden of proof is on the plaintiff to prove the case against the defendant
Engineers often find themselves ma7ing appearances as eBpert itnesses incourt
The epert is permitted to epress opinions ith respect to his or her area ofepertise and the itness should be cautious and restrict testimony to such
area
ou ill be hired by one side and crosseamined by counsel from the otherparty
Preparation is of the utmost importance in litigation The epert itness shouldclearly understand the issues in the lasuit and be aare of the scope ofquestions that can be reasonably epected
7182019 01 Ethics Notesdoc
httpslidepdfcomreaderfull01-ethics-notesdoc 5056
CHAPTER 28 Contracts
3or a contract to be binding and enforceable the folloing elements must bepresent
bull An offer made and accepted
bull (utual intent to enter into the contract
bull 6onsideration or offer ampan echange of promises each promise representing
something of valueCpayment of money is not essential
bull 6apacity to contract ampcan-t be a minor drun7 or crazyCenforceable by the drun7 if
the other party 7ne they ere intoicatedbull aful purpose 6ontract on-t be enforced if it is unlaful
An offer is a promise made by one person to another
)ot all contracts are in riting
7182019 01 Ethics Notesdoc
httpslidepdfcomreaderfull01-ethics-notesdoc 5156
+ntil it is accepted the offer may be ithdran by the offeror unless it is madeepressly irrevocable by its terms
Irre4oca1le Offers =idders submit offers or tenders that have been madeirrevocable for a specific period of time At any point during that period the offer
may be accepted and a contract ill be formed
Option Contract This contract is another means of 7eeping an offer open for acertain period of timeampe The party purchasing the option may ant do eploration or7 for a period of time beforedeciding to spend a large sum of money on the property
EDuita1le Estoppel A udge can stoplt the strict terms of a contract from beingfolloed if it is proven that the terms had changed outside of the agreementampoften used hen etensions to deadlines are agreed upon and then the person tried to go bac7to the original ritten contract
Pursuant to contract la consideration ampor a seal must be present in order toma7e a change to a contract enforceable D otherise it is ust a promise not laThe courts protect the person in the situation here a promise is ta7en as fullagreement
Statute of Frauds Ensures that certain types of contracts must be in riting tobe enforceable
Rectification This order can be applied for to rectify a contract because of asecretarial or recording mista7e
)nilateral Mistae A mista7e made by only one party to a contract 6ourts illdecide hether a contractor ill be relieved of their mista7e
CHAPTER 8 Tenderin Issues Contract A
a of tendering in 6anada gives the principle that there are B separatecontracts that arise in the tendering process
0 Contract A D the contract of irrevocability ampthat deals ith the tenderingphase
B Contract D the construction contract ampapplies to the construction phase
The number of number of tenders submitted is the number of 6ontract A-s thatare formed
The original tender pac7age contents cannot be changed ithout notifyingeveryone or you are in =reach of 6ontract A
7182019 01 Ethics Notesdoc
httpslidepdfcomreaderfull01-ethics-notesdoc 5256
CHAPTER 82 Contract Interpretation
Parties to a contract sometimes dispute the meaning of part of the contract Todifferent approaches can be ta7en hen interpreting contracts
bull i1eral Approac ta7es into account the intent of the parties and maylead to speculation on that intent
bull Strict Approac focuses on the precise ords in the agreement andmay rely on dictionary meanings
Contra Preferentem hen a contract is ambiguous or unclear it ill beinterpreted against the person that rote it up
Parol E4idence Rule hen verbal agreements outside of the ritten contractare included as rule in a contract n most cases if a condition is agreed uponverbally but is not included in the contract then the condition is not part of thecontract
Implied Terms hen the inclusion of obvious terms of a contract have beenoverloo7ed here it is reasonable implied terms may eist in a contract
CHAPTER 83 iscare of Contracts
There are several ays to discharge a contract
bull Performance hen all parties have completed their respectiveobligations the contract is at an end
bull Areement to iscare Parties in a contract are alays free to amend
the contract or agree to cancel or terminate the contract upon mutuallyagreed terms
bull iscare Pursuant to Epress Terms t is advised to include in acontract terms here all parties may terminate the contract if certainoutside events ere to occur ampe ban7ruptcy
7182019 01 Ethics Notesdoc
httpslidepdfcomreaderfull01-ethics-notesdoc 5356
bull iscare 1$ Frustration hen changing unforeseeablecircumstances occur that may radically change the obligations of theparties
o Force Maeure Provides that the time for completion ill beetended in the event of ar riot flood labor dispute or other
events that are beyond the control of both parties
bull iscare 1$ reac of Contract ne party fail to perform obligations
o iscare 1$ Repudiation hen the party to a contract
epressly tells the other party that they have no intention ofperforming contractual obligations
CHAPTER 86 reac of Contract
f a party to a contract fails to perform obligations specified in the contract thenthat party has breached the contract
The innocent party is entitled to certain remedies depending on the nature of thebreach and the terms of the contract
Condition an obligation that is essential or vital to the contract5arrant$ an obligation that is NOT essential or vital to the contract
A =reach of 6ontract is a cause for discharge only if its effect is to render itpurposeless for the innocent party to proceed further ith performance
Repudiation hen the party to a contract epressly tells the other party thatthey have no intention of performing contractual obligations
7182019 01 Ethics Notesdoc
httpslidepdfcomreaderfull01-ethics-notesdoc 5456
REMIIES
A nondefaulting party is entitled to damages for losses incurred as a result of abreach of contract
irect amaes Actual calculated difference in the cost of having to chooseone service over the other ampthe loest bid is chosen and then they refuse to do the or7so the second loest bid is chosen and the party sues for the monetary difference beteen theloest and second loest bid
Indirect amaes Are consequential to the breach and might include damagesfor lost profits or damages incurred if the contract is not fulfilled
iDuidated amaes Are preestimated damages if certain events ere tooccur that are ritten into the contract under a Penalty 6lause
ltuantum Meruit hen services have been requested and performed but nooutside agreement as reached beteen the parties as to hat payment ouldbe provided in return for the services then the courts can aard the person ithas much as is reasonably deservedlt for time spent and materials supplied
Su1stantial Compliance hen a contractor has substantially complied iththe terms of a contract yet failed to comply ith some minor aspect of thecontract The contractor ill be paid the contract price minus the cost ofdamages caused by the minor problems
Specific Performance hen the courts require a party to perform a contractual
obligation li7e the sale of land or a personal item
Inunction A court order that prohibits or restrains a party from performing anactCHAPTER 9 Fundamental reac
Applies to a contract that contains an eemption clause amphere parties limit theirliability if a breach of contract results and ma7es the eemption ineffective
CHAPTER 8 Areement etampeen Client and Enineer
A contract beteen a client and an engineer must include all of the essentialcontract elements
The document ill not specify the degree of care that is required of the engineerin carrying out the services =ut the engineer is liable for incompetence
7182019 01 Ethics Notesdoc
httpslidepdfcomreaderfull01-ethics-notesdoc 5556
carelessness or negligence that results in damages to the client and for notperforming ith an ordinary and reasonable degree of care and s7ill
CHAPTER Concurrent ia1ilit$ in Tort and Contract
+nless otherise stated in a contract the standard of care epected of anengineer doing a ob is the same standard of care by hich an engineer-sperformance is measured in tort
3or a breach of contract there is a limitation period of I years from date of thebreach in hich to press charges instead of hen it is discovered
n tort the limitation period in hich to press charges starts hen the damagesare first detected
CHAPTER 3 Ar1itration and AR
A lasuit is not alays the best ay to resolve a dispute beteen contractingparties especially technical disputes
Ar1itration or Alternati4e ispute Resolution +AR- t is less costly and lesspublic than litigation
An engineer that is an arbitrator is epected to act impartially and independentlyof the parties to the dispute
The Arbitration Act deals ith the appointment of an arbitrator and sets out astructure or set of rules to govern the conduct of an arbitration unless the partiesagree that some other structure or rules ill apply
7182019 01 Ethics Notesdoc
httpslidepdfcomreaderfull01-ethics-notesdoc 5656
The Act also gives arbitrators the urisdiction to aard preudgment and post udgment interests ust li7e the courts have under the 6ourts of 4ustice Act
Partnerin intended to respond to the need for improved attitudes amongstindustry participants to the importance of teamor7 on proects
This cooperative attitude should assist in resolving proect disputes at an earlystage
) TGAT) and A=TAT) result in a 4+G(E)T TgtAT $=))G
Proect Neutral (proGect manaement oerie) The companies appoint a
proect neutral usually an independent professional eperienced in the industryto be aare of developments on the proect ith a vie to offering unbiasedadvice and decisions
Mediation esolving disputes through the negotiating process involving amediator ho is to provide guidance and to facilitate the settlement process agobeteenlt in communicating proposed settlements
There is no udgmentL the parties need to or7 out their differences
CHAPTER BB Industrial Propert$
Industrial Propert$ Rits ights that generally relate to patents trademar7scopyrights and industrial design
7182019 01 Ethics Notesdoc
httpslidepdfcomreaderfull01-ethics-notesdoc 4756
CHAPTER gt Tort ia1ilit$
Tort8 generally refers to a private or civil rong or inury one that involvesnegligence and that may arise independently of contract ampcar driver and victim
amphich includes financial loss hen based on a professional-s opinion
The fundamental purpose of tort la is to compensate ictims of tortsPunishment of negligent rongdoers IS NOT a purpose of tort la
Professional liability insurance should provide protection if an engineer-snegligence results in damage arising in tort
n order to satisfy the courts that compensation should be made the plaintiff in atort action must prove that
bull The defendant oed the plaintiff a duty of care
bull The defendant breached that duty by his conduct
bull The defendant-s conduct caused the inury to the plaintiff
f any 0 of these F aspects is not proven to the satisfaction of the courts theplaintiff ill not in
7182019 01 Ethics Notesdoc
httpslidepdfcomreaderfull01-ethics-notesdoc 4856
A significant factor in a tort action is the establishment of the standard of carerequired of the defendant
The standard is applied based on the premise that engineers have a duty to use
the reasonable care and s7ill of engineers of ordinary competence Thereasonable carelt is measured by applicable professional standards of theengineering profession at the time the services ere performed
Strict ia1ilit$ manufacturers and employers are held strictly liable hen faultis not necessary if compensation is to be provided ampnot yet upheld in 6anadaampe All employees ma7e contributions on behalf of employees and if someone is inuredcompensation is provided ith no finding of faultampe A manufacturer may be strictl6 lialelt if for any damages that result from the use of theirproduct
0icarious ia1ilit$ The employer is responsible for damaged caused by its
employees The employer provides compensation because it is presumed thatthe employer is in a better financial position than the employee
Concurrent Tortfeasors hen more than one party is liable in a tort actionThe defendant-s together are called concurrent tortfeasors
Products ia1ilit$ The plaintiff must be able to establish that damage hasclearly resulted from appropriate use of a product and the defendantmanufacturer must then persuade the court that at the time the manufacturercould not have foreseen the defective nature of the goods manufactured6anada has not yet ta7en a strict liability approach on products as the +$ has
Products liability has developed through principles of both contract la and tortla The tort concept of fault has been applied and implied contractualarranties that the product is effective and the contract of a sale must also eist
n productsliability matters economic losses ampin the absence of physical inurymay in some circumstances be recoverable
Standards of Care and ut$ to 5arn A manufacturer must arn theconsumer of any dangerous potential of the product by appropriate labeling
Oter Tortsbull Tort of defamation8 ampif the statements that damage the reputation are true there is
no liability
o ibel D in riting
o $lander D verbal
7182019 01 Ethics Notesdoc
httpslidepdfcomreaderfull01-ethics-notesdoc 4956
bull Occupiers Liailit68 The occupier of a property must eercise therequired standard of care to ensure the safety of individuals coming ontothat property
bull Tort of Nuisance8 esigned to alleviate undue interference ith the
comfortable and convenient enoyment of the plaintiff-s landampe insecticide spray drifting onto other land
CHAPTER Proof
The burden of proof is on the plaintiff to prove the case against the defendant
Engineers often find themselves ma7ing appearances as eBpert itnesses incourt
The epert is permitted to epress opinions ith respect to his or her area ofepertise and the itness should be cautious and restrict testimony to such
area
ou ill be hired by one side and crosseamined by counsel from the otherparty
Preparation is of the utmost importance in litigation The epert itness shouldclearly understand the issues in the lasuit and be aare of the scope ofquestions that can be reasonably epected
7182019 01 Ethics Notesdoc
httpslidepdfcomreaderfull01-ethics-notesdoc 5056
CHAPTER 28 Contracts
3or a contract to be binding and enforceable the folloing elements must bepresent
bull An offer made and accepted
bull (utual intent to enter into the contract
bull 6onsideration or offer ampan echange of promises each promise representing
something of valueCpayment of money is not essential
bull 6apacity to contract ampcan-t be a minor drun7 or crazyCenforceable by the drun7 if
the other party 7ne they ere intoicatedbull aful purpose 6ontract on-t be enforced if it is unlaful
An offer is a promise made by one person to another
)ot all contracts are in riting
7182019 01 Ethics Notesdoc
httpslidepdfcomreaderfull01-ethics-notesdoc 5156
+ntil it is accepted the offer may be ithdran by the offeror unless it is madeepressly irrevocable by its terms
Irre4oca1le Offers =idders submit offers or tenders that have been madeirrevocable for a specific period of time At any point during that period the offer
may be accepted and a contract ill be formed
Option Contract This contract is another means of 7eeping an offer open for acertain period of timeampe The party purchasing the option may ant do eploration or7 for a period of time beforedeciding to spend a large sum of money on the property
EDuita1le Estoppel A udge can stoplt the strict terms of a contract from beingfolloed if it is proven that the terms had changed outside of the agreementampoften used hen etensions to deadlines are agreed upon and then the person tried to go bac7to the original ritten contract
Pursuant to contract la consideration ampor a seal must be present in order toma7e a change to a contract enforceable D otherise it is ust a promise not laThe courts protect the person in the situation here a promise is ta7en as fullagreement
Statute of Frauds Ensures that certain types of contracts must be in riting tobe enforceable
Rectification This order can be applied for to rectify a contract because of asecretarial or recording mista7e
)nilateral Mistae A mista7e made by only one party to a contract 6ourts illdecide hether a contractor ill be relieved of their mista7e
CHAPTER 8 Tenderin Issues Contract A
a of tendering in 6anada gives the principle that there are B separatecontracts that arise in the tendering process
0 Contract A D the contract of irrevocability ampthat deals ith the tenderingphase
B Contract D the construction contract ampapplies to the construction phase
The number of number of tenders submitted is the number of 6ontract A-s thatare formed
The original tender pac7age contents cannot be changed ithout notifyingeveryone or you are in =reach of 6ontract A
7182019 01 Ethics Notesdoc
httpslidepdfcomreaderfull01-ethics-notesdoc 5256
CHAPTER 82 Contract Interpretation
Parties to a contract sometimes dispute the meaning of part of the contract Todifferent approaches can be ta7en hen interpreting contracts
bull i1eral Approac ta7es into account the intent of the parties and maylead to speculation on that intent
bull Strict Approac focuses on the precise ords in the agreement andmay rely on dictionary meanings
Contra Preferentem hen a contract is ambiguous or unclear it ill beinterpreted against the person that rote it up
Parol E4idence Rule hen verbal agreements outside of the ritten contractare included as rule in a contract n most cases if a condition is agreed uponverbally but is not included in the contract then the condition is not part of thecontract
Implied Terms hen the inclusion of obvious terms of a contract have beenoverloo7ed here it is reasonable implied terms may eist in a contract
CHAPTER 83 iscare of Contracts
There are several ays to discharge a contract
bull Performance hen all parties have completed their respectiveobligations the contract is at an end
bull Areement to iscare Parties in a contract are alays free to amend
the contract or agree to cancel or terminate the contract upon mutuallyagreed terms
bull iscare Pursuant to Epress Terms t is advised to include in acontract terms here all parties may terminate the contract if certainoutside events ere to occur ampe ban7ruptcy
7182019 01 Ethics Notesdoc
httpslidepdfcomreaderfull01-ethics-notesdoc 5356
bull iscare 1$ Frustration hen changing unforeseeablecircumstances occur that may radically change the obligations of theparties
o Force Maeure Provides that the time for completion ill beetended in the event of ar riot flood labor dispute or other
events that are beyond the control of both parties
bull iscare 1$ reac of Contract ne party fail to perform obligations
o iscare 1$ Repudiation hen the party to a contract
epressly tells the other party that they have no intention ofperforming contractual obligations
CHAPTER 86 reac of Contract
f a party to a contract fails to perform obligations specified in the contract thenthat party has breached the contract
The innocent party is entitled to certain remedies depending on the nature of thebreach and the terms of the contract
Condition an obligation that is essential or vital to the contract5arrant$ an obligation that is NOT essential or vital to the contract
A =reach of 6ontract is a cause for discharge only if its effect is to render itpurposeless for the innocent party to proceed further ith performance
Repudiation hen the party to a contract epressly tells the other party thatthey have no intention of performing contractual obligations
7182019 01 Ethics Notesdoc
httpslidepdfcomreaderfull01-ethics-notesdoc 5456
REMIIES
A nondefaulting party is entitled to damages for losses incurred as a result of abreach of contract
irect amaes Actual calculated difference in the cost of having to chooseone service over the other ampthe loest bid is chosen and then they refuse to do the or7so the second loest bid is chosen and the party sues for the monetary difference beteen theloest and second loest bid
Indirect amaes Are consequential to the breach and might include damagesfor lost profits or damages incurred if the contract is not fulfilled
iDuidated amaes Are preestimated damages if certain events ere tooccur that are ritten into the contract under a Penalty 6lause
ltuantum Meruit hen services have been requested and performed but nooutside agreement as reached beteen the parties as to hat payment ouldbe provided in return for the services then the courts can aard the person ithas much as is reasonably deservedlt for time spent and materials supplied
Su1stantial Compliance hen a contractor has substantially complied iththe terms of a contract yet failed to comply ith some minor aspect of thecontract The contractor ill be paid the contract price minus the cost ofdamages caused by the minor problems
Specific Performance hen the courts require a party to perform a contractual
obligation li7e the sale of land or a personal item
Inunction A court order that prohibits or restrains a party from performing anactCHAPTER 9 Fundamental reac
Applies to a contract that contains an eemption clause amphere parties limit theirliability if a breach of contract results and ma7es the eemption ineffective
CHAPTER 8 Areement etampeen Client and Enineer
A contract beteen a client and an engineer must include all of the essentialcontract elements
The document ill not specify the degree of care that is required of the engineerin carrying out the services =ut the engineer is liable for incompetence
7182019 01 Ethics Notesdoc
httpslidepdfcomreaderfull01-ethics-notesdoc 5556
carelessness or negligence that results in damages to the client and for notperforming ith an ordinary and reasonable degree of care and s7ill
CHAPTER Concurrent ia1ilit$ in Tort and Contract
+nless otherise stated in a contract the standard of care epected of anengineer doing a ob is the same standard of care by hich an engineer-sperformance is measured in tort
3or a breach of contract there is a limitation period of I years from date of thebreach in hich to press charges instead of hen it is discovered
n tort the limitation period in hich to press charges starts hen the damagesare first detected
CHAPTER 3 Ar1itration and AR
A lasuit is not alays the best ay to resolve a dispute beteen contractingparties especially technical disputes
Ar1itration or Alternati4e ispute Resolution +AR- t is less costly and lesspublic than litigation
An engineer that is an arbitrator is epected to act impartially and independentlyof the parties to the dispute
The Arbitration Act deals ith the appointment of an arbitrator and sets out astructure or set of rules to govern the conduct of an arbitration unless the partiesagree that some other structure or rules ill apply
7182019 01 Ethics Notesdoc
httpslidepdfcomreaderfull01-ethics-notesdoc 5656
The Act also gives arbitrators the urisdiction to aard preudgment and post udgment interests ust li7e the courts have under the 6ourts of 4ustice Act
Partnerin intended to respond to the need for improved attitudes amongstindustry participants to the importance of teamor7 on proects
This cooperative attitude should assist in resolving proect disputes at an earlystage
) TGAT) and A=TAT) result in a 4+G(E)T TgtAT $=))G
Proect Neutral (proGect manaement oerie) The companies appoint a
proect neutral usually an independent professional eperienced in the industryto be aare of developments on the proect ith a vie to offering unbiasedadvice and decisions
Mediation esolving disputes through the negotiating process involving amediator ho is to provide guidance and to facilitate the settlement process agobeteenlt in communicating proposed settlements
There is no udgmentL the parties need to or7 out their differences
CHAPTER BB Industrial Propert$
Industrial Propert$ Rits ights that generally relate to patents trademar7scopyrights and industrial design
7182019 01 Ethics Notesdoc
httpslidepdfcomreaderfull01-ethics-notesdoc 4856
A significant factor in a tort action is the establishment of the standard of carerequired of the defendant
The standard is applied based on the premise that engineers have a duty to use
the reasonable care and s7ill of engineers of ordinary competence Thereasonable carelt is measured by applicable professional standards of theengineering profession at the time the services ere performed
Strict ia1ilit$ manufacturers and employers are held strictly liable hen faultis not necessary if compensation is to be provided ampnot yet upheld in 6anadaampe All employees ma7e contributions on behalf of employees and if someone is inuredcompensation is provided ith no finding of faultampe A manufacturer may be strictl6 lialelt if for any damages that result from the use of theirproduct
0icarious ia1ilit$ The employer is responsible for damaged caused by its
employees The employer provides compensation because it is presumed thatthe employer is in a better financial position than the employee
Concurrent Tortfeasors hen more than one party is liable in a tort actionThe defendant-s together are called concurrent tortfeasors
Products ia1ilit$ The plaintiff must be able to establish that damage hasclearly resulted from appropriate use of a product and the defendantmanufacturer must then persuade the court that at the time the manufacturercould not have foreseen the defective nature of the goods manufactured6anada has not yet ta7en a strict liability approach on products as the +$ has
Products liability has developed through principles of both contract la and tortla The tort concept of fault has been applied and implied contractualarranties that the product is effective and the contract of a sale must also eist
n productsliability matters economic losses ampin the absence of physical inurymay in some circumstances be recoverable
Standards of Care and ut$ to 5arn A manufacturer must arn theconsumer of any dangerous potential of the product by appropriate labeling
Oter Tortsbull Tort of defamation8 ampif the statements that damage the reputation are true there is
no liability
o ibel D in riting
o $lander D verbal
7182019 01 Ethics Notesdoc
httpslidepdfcomreaderfull01-ethics-notesdoc 4956
bull Occupiers Liailit68 The occupier of a property must eercise therequired standard of care to ensure the safety of individuals coming ontothat property
bull Tort of Nuisance8 esigned to alleviate undue interference ith the
comfortable and convenient enoyment of the plaintiff-s landampe insecticide spray drifting onto other land
CHAPTER Proof
The burden of proof is on the plaintiff to prove the case against the defendant
Engineers often find themselves ma7ing appearances as eBpert itnesses incourt
The epert is permitted to epress opinions ith respect to his or her area ofepertise and the itness should be cautious and restrict testimony to such
area
ou ill be hired by one side and crosseamined by counsel from the otherparty
Preparation is of the utmost importance in litigation The epert itness shouldclearly understand the issues in the lasuit and be aare of the scope ofquestions that can be reasonably epected
7182019 01 Ethics Notesdoc
httpslidepdfcomreaderfull01-ethics-notesdoc 5056
CHAPTER 28 Contracts
3or a contract to be binding and enforceable the folloing elements must bepresent
bull An offer made and accepted
bull (utual intent to enter into the contract
bull 6onsideration or offer ampan echange of promises each promise representing
something of valueCpayment of money is not essential
bull 6apacity to contract ampcan-t be a minor drun7 or crazyCenforceable by the drun7 if
the other party 7ne they ere intoicatedbull aful purpose 6ontract on-t be enforced if it is unlaful
An offer is a promise made by one person to another
)ot all contracts are in riting
7182019 01 Ethics Notesdoc
httpslidepdfcomreaderfull01-ethics-notesdoc 5156
+ntil it is accepted the offer may be ithdran by the offeror unless it is madeepressly irrevocable by its terms
Irre4oca1le Offers =idders submit offers or tenders that have been madeirrevocable for a specific period of time At any point during that period the offer
may be accepted and a contract ill be formed
Option Contract This contract is another means of 7eeping an offer open for acertain period of timeampe The party purchasing the option may ant do eploration or7 for a period of time beforedeciding to spend a large sum of money on the property
EDuita1le Estoppel A udge can stoplt the strict terms of a contract from beingfolloed if it is proven that the terms had changed outside of the agreementampoften used hen etensions to deadlines are agreed upon and then the person tried to go bac7to the original ritten contract
Pursuant to contract la consideration ampor a seal must be present in order toma7e a change to a contract enforceable D otherise it is ust a promise not laThe courts protect the person in the situation here a promise is ta7en as fullagreement
Statute of Frauds Ensures that certain types of contracts must be in riting tobe enforceable
Rectification This order can be applied for to rectify a contract because of asecretarial or recording mista7e
)nilateral Mistae A mista7e made by only one party to a contract 6ourts illdecide hether a contractor ill be relieved of their mista7e
CHAPTER 8 Tenderin Issues Contract A
a of tendering in 6anada gives the principle that there are B separatecontracts that arise in the tendering process
0 Contract A D the contract of irrevocability ampthat deals ith the tenderingphase
B Contract D the construction contract ampapplies to the construction phase
The number of number of tenders submitted is the number of 6ontract A-s thatare formed
The original tender pac7age contents cannot be changed ithout notifyingeveryone or you are in =reach of 6ontract A
7182019 01 Ethics Notesdoc
httpslidepdfcomreaderfull01-ethics-notesdoc 5256
CHAPTER 82 Contract Interpretation
Parties to a contract sometimes dispute the meaning of part of the contract Todifferent approaches can be ta7en hen interpreting contracts
bull i1eral Approac ta7es into account the intent of the parties and maylead to speculation on that intent
bull Strict Approac focuses on the precise ords in the agreement andmay rely on dictionary meanings
Contra Preferentem hen a contract is ambiguous or unclear it ill beinterpreted against the person that rote it up
Parol E4idence Rule hen verbal agreements outside of the ritten contractare included as rule in a contract n most cases if a condition is agreed uponverbally but is not included in the contract then the condition is not part of thecontract
Implied Terms hen the inclusion of obvious terms of a contract have beenoverloo7ed here it is reasonable implied terms may eist in a contract
CHAPTER 83 iscare of Contracts
There are several ays to discharge a contract
bull Performance hen all parties have completed their respectiveobligations the contract is at an end
bull Areement to iscare Parties in a contract are alays free to amend
the contract or agree to cancel or terminate the contract upon mutuallyagreed terms
bull iscare Pursuant to Epress Terms t is advised to include in acontract terms here all parties may terminate the contract if certainoutside events ere to occur ampe ban7ruptcy
7182019 01 Ethics Notesdoc
httpslidepdfcomreaderfull01-ethics-notesdoc 5356
bull iscare 1$ Frustration hen changing unforeseeablecircumstances occur that may radically change the obligations of theparties
o Force Maeure Provides that the time for completion ill beetended in the event of ar riot flood labor dispute or other
events that are beyond the control of both parties
bull iscare 1$ reac of Contract ne party fail to perform obligations
o iscare 1$ Repudiation hen the party to a contract
epressly tells the other party that they have no intention ofperforming contractual obligations
CHAPTER 86 reac of Contract
f a party to a contract fails to perform obligations specified in the contract thenthat party has breached the contract
The innocent party is entitled to certain remedies depending on the nature of thebreach and the terms of the contract
Condition an obligation that is essential or vital to the contract5arrant$ an obligation that is NOT essential or vital to the contract
A =reach of 6ontract is a cause for discharge only if its effect is to render itpurposeless for the innocent party to proceed further ith performance
Repudiation hen the party to a contract epressly tells the other party thatthey have no intention of performing contractual obligations
7182019 01 Ethics Notesdoc
httpslidepdfcomreaderfull01-ethics-notesdoc 5456
REMIIES
A nondefaulting party is entitled to damages for losses incurred as a result of abreach of contract
irect amaes Actual calculated difference in the cost of having to chooseone service over the other ampthe loest bid is chosen and then they refuse to do the or7so the second loest bid is chosen and the party sues for the monetary difference beteen theloest and second loest bid
Indirect amaes Are consequential to the breach and might include damagesfor lost profits or damages incurred if the contract is not fulfilled
iDuidated amaes Are preestimated damages if certain events ere tooccur that are ritten into the contract under a Penalty 6lause
ltuantum Meruit hen services have been requested and performed but nooutside agreement as reached beteen the parties as to hat payment ouldbe provided in return for the services then the courts can aard the person ithas much as is reasonably deservedlt for time spent and materials supplied
Su1stantial Compliance hen a contractor has substantially complied iththe terms of a contract yet failed to comply ith some minor aspect of thecontract The contractor ill be paid the contract price minus the cost ofdamages caused by the minor problems
Specific Performance hen the courts require a party to perform a contractual
obligation li7e the sale of land or a personal item
Inunction A court order that prohibits or restrains a party from performing anactCHAPTER 9 Fundamental reac
Applies to a contract that contains an eemption clause amphere parties limit theirliability if a breach of contract results and ma7es the eemption ineffective
CHAPTER 8 Areement etampeen Client and Enineer
A contract beteen a client and an engineer must include all of the essentialcontract elements
The document ill not specify the degree of care that is required of the engineerin carrying out the services =ut the engineer is liable for incompetence
7182019 01 Ethics Notesdoc
httpslidepdfcomreaderfull01-ethics-notesdoc 5556
carelessness or negligence that results in damages to the client and for notperforming ith an ordinary and reasonable degree of care and s7ill
CHAPTER Concurrent ia1ilit$ in Tort and Contract
+nless otherise stated in a contract the standard of care epected of anengineer doing a ob is the same standard of care by hich an engineer-sperformance is measured in tort
3or a breach of contract there is a limitation period of I years from date of thebreach in hich to press charges instead of hen it is discovered
n tort the limitation period in hich to press charges starts hen the damagesare first detected
CHAPTER 3 Ar1itration and AR
A lasuit is not alays the best ay to resolve a dispute beteen contractingparties especially technical disputes
Ar1itration or Alternati4e ispute Resolution +AR- t is less costly and lesspublic than litigation
An engineer that is an arbitrator is epected to act impartially and independentlyof the parties to the dispute
The Arbitration Act deals ith the appointment of an arbitrator and sets out astructure or set of rules to govern the conduct of an arbitration unless the partiesagree that some other structure or rules ill apply
7182019 01 Ethics Notesdoc
httpslidepdfcomreaderfull01-ethics-notesdoc 5656
The Act also gives arbitrators the urisdiction to aard preudgment and post udgment interests ust li7e the courts have under the 6ourts of 4ustice Act
Partnerin intended to respond to the need for improved attitudes amongstindustry participants to the importance of teamor7 on proects
This cooperative attitude should assist in resolving proect disputes at an earlystage
) TGAT) and A=TAT) result in a 4+G(E)T TgtAT $=))G
Proect Neutral (proGect manaement oerie) The companies appoint a
proect neutral usually an independent professional eperienced in the industryto be aare of developments on the proect ith a vie to offering unbiasedadvice and decisions
Mediation esolving disputes through the negotiating process involving amediator ho is to provide guidance and to facilitate the settlement process agobeteenlt in communicating proposed settlements
There is no udgmentL the parties need to or7 out their differences
CHAPTER BB Industrial Propert$
Industrial Propert$ Rits ights that generally relate to patents trademar7scopyrights and industrial design
7182019 01 Ethics Notesdoc
httpslidepdfcomreaderfull01-ethics-notesdoc 4956
bull Occupiers Liailit68 The occupier of a property must eercise therequired standard of care to ensure the safety of individuals coming ontothat property
bull Tort of Nuisance8 esigned to alleviate undue interference ith the
comfortable and convenient enoyment of the plaintiff-s landampe insecticide spray drifting onto other land
CHAPTER Proof
The burden of proof is on the plaintiff to prove the case against the defendant
Engineers often find themselves ma7ing appearances as eBpert itnesses incourt
The epert is permitted to epress opinions ith respect to his or her area ofepertise and the itness should be cautious and restrict testimony to such
area
ou ill be hired by one side and crosseamined by counsel from the otherparty
Preparation is of the utmost importance in litigation The epert itness shouldclearly understand the issues in the lasuit and be aare of the scope ofquestions that can be reasonably epected
7182019 01 Ethics Notesdoc
httpslidepdfcomreaderfull01-ethics-notesdoc 5056
CHAPTER 28 Contracts
3or a contract to be binding and enforceable the folloing elements must bepresent
bull An offer made and accepted
bull (utual intent to enter into the contract
bull 6onsideration or offer ampan echange of promises each promise representing
something of valueCpayment of money is not essential
bull 6apacity to contract ampcan-t be a minor drun7 or crazyCenforceable by the drun7 if
the other party 7ne they ere intoicatedbull aful purpose 6ontract on-t be enforced if it is unlaful
An offer is a promise made by one person to another
)ot all contracts are in riting
7182019 01 Ethics Notesdoc
httpslidepdfcomreaderfull01-ethics-notesdoc 5156
+ntil it is accepted the offer may be ithdran by the offeror unless it is madeepressly irrevocable by its terms
Irre4oca1le Offers =idders submit offers or tenders that have been madeirrevocable for a specific period of time At any point during that period the offer
may be accepted and a contract ill be formed
Option Contract This contract is another means of 7eeping an offer open for acertain period of timeampe The party purchasing the option may ant do eploration or7 for a period of time beforedeciding to spend a large sum of money on the property
EDuita1le Estoppel A udge can stoplt the strict terms of a contract from beingfolloed if it is proven that the terms had changed outside of the agreementampoften used hen etensions to deadlines are agreed upon and then the person tried to go bac7to the original ritten contract
Pursuant to contract la consideration ampor a seal must be present in order toma7e a change to a contract enforceable D otherise it is ust a promise not laThe courts protect the person in the situation here a promise is ta7en as fullagreement
Statute of Frauds Ensures that certain types of contracts must be in riting tobe enforceable
Rectification This order can be applied for to rectify a contract because of asecretarial or recording mista7e
)nilateral Mistae A mista7e made by only one party to a contract 6ourts illdecide hether a contractor ill be relieved of their mista7e
CHAPTER 8 Tenderin Issues Contract A
a of tendering in 6anada gives the principle that there are B separatecontracts that arise in the tendering process
0 Contract A D the contract of irrevocability ampthat deals ith the tenderingphase
B Contract D the construction contract ampapplies to the construction phase
The number of number of tenders submitted is the number of 6ontract A-s thatare formed
The original tender pac7age contents cannot be changed ithout notifyingeveryone or you are in =reach of 6ontract A
7182019 01 Ethics Notesdoc
httpslidepdfcomreaderfull01-ethics-notesdoc 5256
CHAPTER 82 Contract Interpretation
Parties to a contract sometimes dispute the meaning of part of the contract Todifferent approaches can be ta7en hen interpreting contracts
bull i1eral Approac ta7es into account the intent of the parties and maylead to speculation on that intent
bull Strict Approac focuses on the precise ords in the agreement andmay rely on dictionary meanings
Contra Preferentem hen a contract is ambiguous or unclear it ill beinterpreted against the person that rote it up
Parol E4idence Rule hen verbal agreements outside of the ritten contractare included as rule in a contract n most cases if a condition is agreed uponverbally but is not included in the contract then the condition is not part of thecontract
Implied Terms hen the inclusion of obvious terms of a contract have beenoverloo7ed here it is reasonable implied terms may eist in a contract
CHAPTER 83 iscare of Contracts
There are several ays to discharge a contract
bull Performance hen all parties have completed their respectiveobligations the contract is at an end
bull Areement to iscare Parties in a contract are alays free to amend
the contract or agree to cancel or terminate the contract upon mutuallyagreed terms
bull iscare Pursuant to Epress Terms t is advised to include in acontract terms here all parties may terminate the contract if certainoutside events ere to occur ampe ban7ruptcy
7182019 01 Ethics Notesdoc
httpslidepdfcomreaderfull01-ethics-notesdoc 5356
bull iscare 1$ Frustration hen changing unforeseeablecircumstances occur that may radically change the obligations of theparties
o Force Maeure Provides that the time for completion ill beetended in the event of ar riot flood labor dispute or other
events that are beyond the control of both parties
bull iscare 1$ reac of Contract ne party fail to perform obligations
o iscare 1$ Repudiation hen the party to a contract
epressly tells the other party that they have no intention ofperforming contractual obligations
CHAPTER 86 reac of Contract
f a party to a contract fails to perform obligations specified in the contract thenthat party has breached the contract
The innocent party is entitled to certain remedies depending on the nature of thebreach and the terms of the contract
Condition an obligation that is essential or vital to the contract5arrant$ an obligation that is NOT essential or vital to the contract
A =reach of 6ontract is a cause for discharge only if its effect is to render itpurposeless for the innocent party to proceed further ith performance
Repudiation hen the party to a contract epressly tells the other party thatthey have no intention of performing contractual obligations
7182019 01 Ethics Notesdoc
httpslidepdfcomreaderfull01-ethics-notesdoc 5456
REMIIES
A nondefaulting party is entitled to damages for losses incurred as a result of abreach of contract
irect amaes Actual calculated difference in the cost of having to chooseone service over the other ampthe loest bid is chosen and then they refuse to do the or7so the second loest bid is chosen and the party sues for the monetary difference beteen theloest and second loest bid
Indirect amaes Are consequential to the breach and might include damagesfor lost profits or damages incurred if the contract is not fulfilled
iDuidated amaes Are preestimated damages if certain events ere tooccur that are ritten into the contract under a Penalty 6lause
ltuantum Meruit hen services have been requested and performed but nooutside agreement as reached beteen the parties as to hat payment ouldbe provided in return for the services then the courts can aard the person ithas much as is reasonably deservedlt for time spent and materials supplied
Su1stantial Compliance hen a contractor has substantially complied iththe terms of a contract yet failed to comply ith some minor aspect of thecontract The contractor ill be paid the contract price minus the cost ofdamages caused by the minor problems
Specific Performance hen the courts require a party to perform a contractual
obligation li7e the sale of land or a personal item
Inunction A court order that prohibits or restrains a party from performing anactCHAPTER 9 Fundamental reac
Applies to a contract that contains an eemption clause amphere parties limit theirliability if a breach of contract results and ma7es the eemption ineffective
CHAPTER 8 Areement etampeen Client and Enineer
A contract beteen a client and an engineer must include all of the essentialcontract elements
The document ill not specify the degree of care that is required of the engineerin carrying out the services =ut the engineer is liable for incompetence
7182019 01 Ethics Notesdoc
httpslidepdfcomreaderfull01-ethics-notesdoc 5556
carelessness or negligence that results in damages to the client and for notperforming ith an ordinary and reasonable degree of care and s7ill
CHAPTER Concurrent ia1ilit$ in Tort and Contract
+nless otherise stated in a contract the standard of care epected of anengineer doing a ob is the same standard of care by hich an engineer-sperformance is measured in tort
3or a breach of contract there is a limitation period of I years from date of thebreach in hich to press charges instead of hen it is discovered
n tort the limitation period in hich to press charges starts hen the damagesare first detected
CHAPTER 3 Ar1itration and AR
A lasuit is not alays the best ay to resolve a dispute beteen contractingparties especially technical disputes
Ar1itration or Alternati4e ispute Resolution +AR- t is less costly and lesspublic than litigation
An engineer that is an arbitrator is epected to act impartially and independentlyof the parties to the dispute
The Arbitration Act deals ith the appointment of an arbitrator and sets out astructure or set of rules to govern the conduct of an arbitration unless the partiesagree that some other structure or rules ill apply
7182019 01 Ethics Notesdoc
httpslidepdfcomreaderfull01-ethics-notesdoc 5656
The Act also gives arbitrators the urisdiction to aard preudgment and post udgment interests ust li7e the courts have under the 6ourts of 4ustice Act
Partnerin intended to respond to the need for improved attitudes amongstindustry participants to the importance of teamor7 on proects
This cooperative attitude should assist in resolving proect disputes at an earlystage
) TGAT) and A=TAT) result in a 4+G(E)T TgtAT $=))G
Proect Neutral (proGect manaement oerie) The companies appoint a
proect neutral usually an independent professional eperienced in the industryto be aare of developments on the proect ith a vie to offering unbiasedadvice and decisions
Mediation esolving disputes through the negotiating process involving amediator ho is to provide guidance and to facilitate the settlement process agobeteenlt in communicating proposed settlements
There is no udgmentL the parties need to or7 out their differences
CHAPTER BB Industrial Propert$
Industrial Propert$ Rits ights that generally relate to patents trademar7scopyrights and industrial design
7182019 01 Ethics Notesdoc
httpslidepdfcomreaderfull01-ethics-notesdoc 5056
CHAPTER 28 Contracts
3or a contract to be binding and enforceable the folloing elements must bepresent
bull An offer made and accepted
bull (utual intent to enter into the contract
bull 6onsideration or offer ampan echange of promises each promise representing
something of valueCpayment of money is not essential
bull 6apacity to contract ampcan-t be a minor drun7 or crazyCenforceable by the drun7 if
the other party 7ne they ere intoicatedbull aful purpose 6ontract on-t be enforced if it is unlaful
An offer is a promise made by one person to another
)ot all contracts are in riting
7182019 01 Ethics Notesdoc
httpslidepdfcomreaderfull01-ethics-notesdoc 5156
+ntil it is accepted the offer may be ithdran by the offeror unless it is madeepressly irrevocable by its terms
Irre4oca1le Offers =idders submit offers or tenders that have been madeirrevocable for a specific period of time At any point during that period the offer
may be accepted and a contract ill be formed
Option Contract This contract is another means of 7eeping an offer open for acertain period of timeampe The party purchasing the option may ant do eploration or7 for a period of time beforedeciding to spend a large sum of money on the property
EDuita1le Estoppel A udge can stoplt the strict terms of a contract from beingfolloed if it is proven that the terms had changed outside of the agreementampoften used hen etensions to deadlines are agreed upon and then the person tried to go bac7to the original ritten contract
Pursuant to contract la consideration ampor a seal must be present in order toma7e a change to a contract enforceable D otherise it is ust a promise not laThe courts protect the person in the situation here a promise is ta7en as fullagreement
Statute of Frauds Ensures that certain types of contracts must be in riting tobe enforceable
Rectification This order can be applied for to rectify a contract because of asecretarial or recording mista7e
)nilateral Mistae A mista7e made by only one party to a contract 6ourts illdecide hether a contractor ill be relieved of their mista7e
CHAPTER 8 Tenderin Issues Contract A
a of tendering in 6anada gives the principle that there are B separatecontracts that arise in the tendering process
0 Contract A D the contract of irrevocability ampthat deals ith the tenderingphase
B Contract D the construction contract ampapplies to the construction phase
The number of number of tenders submitted is the number of 6ontract A-s thatare formed
The original tender pac7age contents cannot be changed ithout notifyingeveryone or you are in =reach of 6ontract A
7182019 01 Ethics Notesdoc
httpslidepdfcomreaderfull01-ethics-notesdoc 5256
CHAPTER 82 Contract Interpretation
Parties to a contract sometimes dispute the meaning of part of the contract Todifferent approaches can be ta7en hen interpreting contracts
bull i1eral Approac ta7es into account the intent of the parties and maylead to speculation on that intent
bull Strict Approac focuses on the precise ords in the agreement andmay rely on dictionary meanings
Contra Preferentem hen a contract is ambiguous or unclear it ill beinterpreted against the person that rote it up
Parol E4idence Rule hen verbal agreements outside of the ritten contractare included as rule in a contract n most cases if a condition is agreed uponverbally but is not included in the contract then the condition is not part of thecontract
Implied Terms hen the inclusion of obvious terms of a contract have beenoverloo7ed here it is reasonable implied terms may eist in a contract
CHAPTER 83 iscare of Contracts
There are several ays to discharge a contract
bull Performance hen all parties have completed their respectiveobligations the contract is at an end
bull Areement to iscare Parties in a contract are alays free to amend
the contract or agree to cancel or terminate the contract upon mutuallyagreed terms
bull iscare Pursuant to Epress Terms t is advised to include in acontract terms here all parties may terminate the contract if certainoutside events ere to occur ampe ban7ruptcy
7182019 01 Ethics Notesdoc
httpslidepdfcomreaderfull01-ethics-notesdoc 5356
bull iscare 1$ Frustration hen changing unforeseeablecircumstances occur that may radically change the obligations of theparties
o Force Maeure Provides that the time for completion ill beetended in the event of ar riot flood labor dispute or other
events that are beyond the control of both parties
bull iscare 1$ reac of Contract ne party fail to perform obligations
o iscare 1$ Repudiation hen the party to a contract
epressly tells the other party that they have no intention ofperforming contractual obligations
CHAPTER 86 reac of Contract
f a party to a contract fails to perform obligations specified in the contract thenthat party has breached the contract
The innocent party is entitled to certain remedies depending on the nature of thebreach and the terms of the contract
Condition an obligation that is essential or vital to the contract5arrant$ an obligation that is NOT essential or vital to the contract
A =reach of 6ontract is a cause for discharge only if its effect is to render itpurposeless for the innocent party to proceed further ith performance
Repudiation hen the party to a contract epressly tells the other party thatthey have no intention of performing contractual obligations
7182019 01 Ethics Notesdoc
httpslidepdfcomreaderfull01-ethics-notesdoc 5456
REMIIES
A nondefaulting party is entitled to damages for losses incurred as a result of abreach of contract
irect amaes Actual calculated difference in the cost of having to chooseone service over the other ampthe loest bid is chosen and then they refuse to do the or7so the second loest bid is chosen and the party sues for the monetary difference beteen theloest and second loest bid
Indirect amaes Are consequential to the breach and might include damagesfor lost profits or damages incurred if the contract is not fulfilled
iDuidated amaes Are preestimated damages if certain events ere tooccur that are ritten into the contract under a Penalty 6lause
ltuantum Meruit hen services have been requested and performed but nooutside agreement as reached beteen the parties as to hat payment ouldbe provided in return for the services then the courts can aard the person ithas much as is reasonably deservedlt for time spent and materials supplied
Su1stantial Compliance hen a contractor has substantially complied iththe terms of a contract yet failed to comply ith some minor aspect of thecontract The contractor ill be paid the contract price minus the cost ofdamages caused by the minor problems
Specific Performance hen the courts require a party to perform a contractual
obligation li7e the sale of land or a personal item
Inunction A court order that prohibits or restrains a party from performing anactCHAPTER 9 Fundamental reac
Applies to a contract that contains an eemption clause amphere parties limit theirliability if a breach of contract results and ma7es the eemption ineffective
CHAPTER 8 Areement etampeen Client and Enineer
A contract beteen a client and an engineer must include all of the essentialcontract elements
The document ill not specify the degree of care that is required of the engineerin carrying out the services =ut the engineer is liable for incompetence
7182019 01 Ethics Notesdoc
httpslidepdfcomreaderfull01-ethics-notesdoc 5556
carelessness or negligence that results in damages to the client and for notperforming ith an ordinary and reasonable degree of care and s7ill
CHAPTER Concurrent ia1ilit$ in Tort and Contract
+nless otherise stated in a contract the standard of care epected of anengineer doing a ob is the same standard of care by hich an engineer-sperformance is measured in tort
3or a breach of contract there is a limitation period of I years from date of thebreach in hich to press charges instead of hen it is discovered
n tort the limitation period in hich to press charges starts hen the damagesare first detected
CHAPTER 3 Ar1itration and AR
A lasuit is not alays the best ay to resolve a dispute beteen contractingparties especially technical disputes
Ar1itration or Alternati4e ispute Resolution +AR- t is less costly and lesspublic than litigation
An engineer that is an arbitrator is epected to act impartially and independentlyof the parties to the dispute
The Arbitration Act deals ith the appointment of an arbitrator and sets out astructure or set of rules to govern the conduct of an arbitration unless the partiesagree that some other structure or rules ill apply
7182019 01 Ethics Notesdoc
httpslidepdfcomreaderfull01-ethics-notesdoc 5656
The Act also gives arbitrators the urisdiction to aard preudgment and post udgment interests ust li7e the courts have under the 6ourts of 4ustice Act
Partnerin intended to respond to the need for improved attitudes amongstindustry participants to the importance of teamor7 on proects
This cooperative attitude should assist in resolving proect disputes at an earlystage
) TGAT) and A=TAT) result in a 4+G(E)T TgtAT $=))G
Proect Neutral (proGect manaement oerie) The companies appoint a
proect neutral usually an independent professional eperienced in the industryto be aare of developments on the proect ith a vie to offering unbiasedadvice and decisions
Mediation esolving disputes through the negotiating process involving amediator ho is to provide guidance and to facilitate the settlement process agobeteenlt in communicating proposed settlements
There is no udgmentL the parties need to or7 out their differences
CHAPTER BB Industrial Propert$
Industrial Propert$ Rits ights that generally relate to patents trademar7scopyrights and industrial design
7182019 01 Ethics Notesdoc
httpslidepdfcomreaderfull01-ethics-notesdoc 5156
+ntil it is accepted the offer may be ithdran by the offeror unless it is madeepressly irrevocable by its terms
Irre4oca1le Offers =idders submit offers or tenders that have been madeirrevocable for a specific period of time At any point during that period the offer
may be accepted and a contract ill be formed
Option Contract This contract is another means of 7eeping an offer open for acertain period of timeampe The party purchasing the option may ant do eploration or7 for a period of time beforedeciding to spend a large sum of money on the property
EDuita1le Estoppel A udge can stoplt the strict terms of a contract from beingfolloed if it is proven that the terms had changed outside of the agreementampoften used hen etensions to deadlines are agreed upon and then the person tried to go bac7to the original ritten contract
Pursuant to contract la consideration ampor a seal must be present in order toma7e a change to a contract enforceable D otherise it is ust a promise not laThe courts protect the person in the situation here a promise is ta7en as fullagreement
Statute of Frauds Ensures that certain types of contracts must be in riting tobe enforceable
Rectification This order can be applied for to rectify a contract because of asecretarial or recording mista7e
)nilateral Mistae A mista7e made by only one party to a contract 6ourts illdecide hether a contractor ill be relieved of their mista7e
CHAPTER 8 Tenderin Issues Contract A
a of tendering in 6anada gives the principle that there are B separatecontracts that arise in the tendering process
0 Contract A D the contract of irrevocability ampthat deals ith the tenderingphase
B Contract D the construction contract ampapplies to the construction phase
The number of number of tenders submitted is the number of 6ontract A-s thatare formed
The original tender pac7age contents cannot be changed ithout notifyingeveryone or you are in =reach of 6ontract A
7182019 01 Ethics Notesdoc
httpslidepdfcomreaderfull01-ethics-notesdoc 5256
CHAPTER 82 Contract Interpretation
Parties to a contract sometimes dispute the meaning of part of the contract Todifferent approaches can be ta7en hen interpreting contracts
bull i1eral Approac ta7es into account the intent of the parties and maylead to speculation on that intent
bull Strict Approac focuses on the precise ords in the agreement andmay rely on dictionary meanings
Contra Preferentem hen a contract is ambiguous or unclear it ill beinterpreted against the person that rote it up
Parol E4idence Rule hen verbal agreements outside of the ritten contractare included as rule in a contract n most cases if a condition is agreed uponverbally but is not included in the contract then the condition is not part of thecontract
Implied Terms hen the inclusion of obvious terms of a contract have beenoverloo7ed here it is reasonable implied terms may eist in a contract
CHAPTER 83 iscare of Contracts
There are several ays to discharge a contract
bull Performance hen all parties have completed their respectiveobligations the contract is at an end
bull Areement to iscare Parties in a contract are alays free to amend
the contract or agree to cancel or terminate the contract upon mutuallyagreed terms
bull iscare Pursuant to Epress Terms t is advised to include in acontract terms here all parties may terminate the contract if certainoutside events ere to occur ampe ban7ruptcy
7182019 01 Ethics Notesdoc
httpslidepdfcomreaderfull01-ethics-notesdoc 5356
bull iscare 1$ Frustration hen changing unforeseeablecircumstances occur that may radically change the obligations of theparties
o Force Maeure Provides that the time for completion ill beetended in the event of ar riot flood labor dispute or other
events that are beyond the control of both parties
bull iscare 1$ reac of Contract ne party fail to perform obligations
o iscare 1$ Repudiation hen the party to a contract
epressly tells the other party that they have no intention ofperforming contractual obligations
CHAPTER 86 reac of Contract
f a party to a contract fails to perform obligations specified in the contract thenthat party has breached the contract
The innocent party is entitled to certain remedies depending on the nature of thebreach and the terms of the contract
Condition an obligation that is essential or vital to the contract5arrant$ an obligation that is NOT essential or vital to the contract
A =reach of 6ontract is a cause for discharge only if its effect is to render itpurposeless for the innocent party to proceed further ith performance
Repudiation hen the party to a contract epressly tells the other party thatthey have no intention of performing contractual obligations
7182019 01 Ethics Notesdoc
httpslidepdfcomreaderfull01-ethics-notesdoc 5456
REMIIES
A nondefaulting party is entitled to damages for losses incurred as a result of abreach of contract
irect amaes Actual calculated difference in the cost of having to chooseone service over the other ampthe loest bid is chosen and then they refuse to do the or7so the second loest bid is chosen and the party sues for the monetary difference beteen theloest and second loest bid
Indirect amaes Are consequential to the breach and might include damagesfor lost profits or damages incurred if the contract is not fulfilled
iDuidated amaes Are preestimated damages if certain events ere tooccur that are ritten into the contract under a Penalty 6lause
ltuantum Meruit hen services have been requested and performed but nooutside agreement as reached beteen the parties as to hat payment ouldbe provided in return for the services then the courts can aard the person ithas much as is reasonably deservedlt for time spent and materials supplied
Su1stantial Compliance hen a contractor has substantially complied iththe terms of a contract yet failed to comply ith some minor aspect of thecontract The contractor ill be paid the contract price minus the cost ofdamages caused by the minor problems
Specific Performance hen the courts require a party to perform a contractual
obligation li7e the sale of land or a personal item
Inunction A court order that prohibits or restrains a party from performing anactCHAPTER 9 Fundamental reac
Applies to a contract that contains an eemption clause amphere parties limit theirliability if a breach of contract results and ma7es the eemption ineffective
CHAPTER 8 Areement etampeen Client and Enineer
A contract beteen a client and an engineer must include all of the essentialcontract elements
The document ill not specify the degree of care that is required of the engineerin carrying out the services =ut the engineer is liable for incompetence
7182019 01 Ethics Notesdoc
httpslidepdfcomreaderfull01-ethics-notesdoc 5556
carelessness or negligence that results in damages to the client and for notperforming ith an ordinary and reasonable degree of care and s7ill
CHAPTER Concurrent ia1ilit$ in Tort and Contract
+nless otherise stated in a contract the standard of care epected of anengineer doing a ob is the same standard of care by hich an engineer-sperformance is measured in tort
3or a breach of contract there is a limitation period of I years from date of thebreach in hich to press charges instead of hen it is discovered
n tort the limitation period in hich to press charges starts hen the damagesare first detected
CHAPTER 3 Ar1itration and AR
A lasuit is not alays the best ay to resolve a dispute beteen contractingparties especially technical disputes
Ar1itration or Alternati4e ispute Resolution +AR- t is less costly and lesspublic than litigation
An engineer that is an arbitrator is epected to act impartially and independentlyof the parties to the dispute
The Arbitration Act deals ith the appointment of an arbitrator and sets out astructure or set of rules to govern the conduct of an arbitration unless the partiesagree that some other structure or rules ill apply
7182019 01 Ethics Notesdoc
httpslidepdfcomreaderfull01-ethics-notesdoc 5656
The Act also gives arbitrators the urisdiction to aard preudgment and post udgment interests ust li7e the courts have under the 6ourts of 4ustice Act
Partnerin intended to respond to the need for improved attitudes amongstindustry participants to the importance of teamor7 on proects
This cooperative attitude should assist in resolving proect disputes at an earlystage
) TGAT) and A=TAT) result in a 4+G(E)T TgtAT $=))G
Proect Neutral (proGect manaement oerie) The companies appoint a
proect neutral usually an independent professional eperienced in the industryto be aare of developments on the proect ith a vie to offering unbiasedadvice and decisions
Mediation esolving disputes through the negotiating process involving amediator ho is to provide guidance and to facilitate the settlement process agobeteenlt in communicating proposed settlements
There is no udgmentL the parties need to or7 out their differences
CHAPTER BB Industrial Propert$
Industrial Propert$ Rits ights that generally relate to patents trademar7scopyrights and industrial design
7182019 01 Ethics Notesdoc
httpslidepdfcomreaderfull01-ethics-notesdoc 5256
CHAPTER 82 Contract Interpretation
Parties to a contract sometimes dispute the meaning of part of the contract Todifferent approaches can be ta7en hen interpreting contracts
bull i1eral Approac ta7es into account the intent of the parties and maylead to speculation on that intent
bull Strict Approac focuses on the precise ords in the agreement andmay rely on dictionary meanings
Contra Preferentem hen a contract is ambiguous or unclear it ill beinterpreted against the person that rote it up
Parol E4idence Rule hen verbal agreements outside of the ritten contractare included as rule in a contract n most cases if a condition is agreed uponverbally but is not included in the contract then the condition is not part of thecontract
Implied Terms hen the inclusion of obvious terms of a contract have beenoverloo7ed here it is reasonable implied terms may eist in a contract
CHAPTER 83 iscare of Contracts
There are several ays to discharge a contract
bull Performance hen all parties have completed their respectiveobligations the contract is at an end
bull Areement to iscare Parties in a contract are alays free to amend
the contract or agree to cancel or terminate the contract upon mutuallyagreed terms
bull iscare Pursuant to Epress Terms t is advised to include in acontract terms here all parties may terminate the contract if certainoutside events ere to occur ampe ban7ruptcy
7182019 01 Ethics Notesdoc
httpslidepdfcomreaderfull01-ethics-notesdoc 5356
bull iscare 1$ Frustration hen changing unforeseeablecircumstances occur that may radically change the obligations of theparties
o Force Maeure Provides that the time for completion ill beetended in the event of ar riot flood labor dispute or other
events that are beyond the control of both parties
bull iscare 1$ reac of Contract ne party fail to perform obligations
o iscare 1$ Repudiation hen the party to a contract
epressly tells the other party that they have no intention ofperforming contractual obligations
CHAPTER 86 reac of Contract
f a party to a contract fails to perform obligations specified in the contract thenthat party has breached the contract
The innocent party is entitled to certain remedies depending on the nature of thebreach and the terms of the contract
Condition an obligation that is essential or vital to the contract5arrant$ an obligation that is NOT essential or vital to the contract
A =reach of 6ontract is a cause for discharge only if its effect is to render itpurposeless for the innocent party to proceed further ith performance
Repudiation hen the party to a contract epressly tells the other party thatthey have no intention of performing contractual obligations
7182019 01 Ethics Notesdoc
httpslidepdfcomreaderfull01-ethics-notesdoc 5456
REMIIES
A nondefaulting party is entitled to damages for losses incurred as a result of abreach of contract
irect amaes Actual calculated difference in the cost of having to chooseone service over the other ampthe loest bid is chosen and then they refuse to do the or7so the second loest bid is chosen and the party sues for the monetary difference beteen theloest and second loest bid
Indirect amaes Are consequential to the breach and might include damagesfor lost profits or damages incurred if the contract is not fulfilled
iDuidated amaes Are preestimated damages if certain events ere tooccur that are ritten into the contract under a Penalty 6lause
ltuantum Meruit hen services have been requested and performed but nooutside agreement as reached beteen the parties as to hat payment ouldbe provided in return for the services then the courts can aard the person ithas much as is reasonably deservedlt for time spent and materials supplied
Su1stantial Compliance hen a contractor has substantially complied iththe terms of a contract yet failed to comply ith some minor aspect of thecontract The contractor ill be paid the contract price minus the cost ofdamages caused by the minor problems
Specific Performance hen the courts require a party to perform a contractual
obligation li7e the sale of land or a personal item
Inunction A court order that prohibits or restrains a party from performing anactCHAPTER 9 Fundamental reac
Applies to a contract that contains an eemption clause amphere parties limit theirliability if a breach of contract results and ma7es the eemption ineffective
CHAPTER 8 Areement etampeen Client and Enineer
A contract beteen a client and an engineer must include all of the essentialcontract elements
The document ill not specify the degree of care that is required of the engineerin carrying out the services =ut the engineer is liable for incompetence
7182019 01 Ethics Notesdoc
httpslidepdfcomreaderfull01-ethics-notesdoc 5556
carelessness or negligence that results in damages to the client and for notperforming ith an ordinary and reasonable degree of care and s7ill
CHAPTER Concurrent ia1ilit$ in Tort and Contract
+nless otherise stated in a contract the standard of care epected of anengineer doing a ob is the same standard of care by hich an engineer-sperformance is measured in tort
3or a breach of contract there is a limitation period of I years from date of thebreach in hich to press charges instead of hen it is discovered
n tort the limitation period in hich to press charges starts hen the damagesare first detected
CHAPTER 3 Ar1itration and AR
A lasuit is not alays the best ay to resolve a dispute beteen contractingparties especially technical disputes
Ar1itration or Alternati4e ispute Resolution +AR- t is less costly and lesspublic than litigation
An engineer that is an arbitrator is epected to act impartially and independentlyof the parties to the dispute
The Arbitration Act deals ith the appointment of an arbitrator and sets out astructure or set of rules to govern the conduct of an arbitration unless the partiesagree that some other structure or rules ill apply
7182019 01 Ethics Notesdoc
httpslidepdfcomreaderfull01-ethics-notesdoc 5656
The Act also gives arbitrators the urisdiction to aard preudgment and post udgment interests ust li7e the courts have under the 6ourts of 4ustice Act
Partnerin intended to respond to the need for improved attitudes amongstindustry participants to the importance of teamor7 on proects
This cooperative attitude should assist in resolving proect disputes at an earlystage
) TGAT) and A=TAT) result in a 4+G(E)T TgtAT $=))G
Proect Neutral (proGect manaement oerie) The companies appoint a
proect neutral usually an independent professional eperienced in the industryto be aare of developments on the proect ith a vie to offering unbiasedadvice and decisions
Mediation esolving disputes through the negotiating process involving amediator ho is to provide guidance and to facilitate the settlement process agobeteenlt in communicating proposed settlements
There is no udgmentL the parties need to or7 out their differences
CHAPTER BB Industrial Propert$
Industrial Propert$ Rits ights that generally relate to patents trademar7scopyrights and industrial design
7182019 01 Ethics Notesdoc
httpslidepdfcomreaderfull01-ethics-notesdoc 5356
bull iscare 1$ Frustration hen changing unforeseeablecircumstances occur that may radically change the obligations of theparties
o Force Maeure Provides that the time for completion ill beetended in the event of ar riot flood labor dispute or other
events that are beyond the control of both parties
bull iscare 1$ reac of Contract ne party fail to perform obligations
o iscare 1$ Repudiation hen the party to a contract
epressly tells the other party that they have no intention ofperforming contractual obligations
CHAPTER 86 reac of Contract
f a party to a contract fails to perform obligations specified in the contract thenthat party has breached the contract
The innocent party is entitled to certain remedies depending on the nature of thebreach and the terms of the contract
Condition an obligation that is essential or vital to the contract5arrant$ an obligation that is NOT essential or vital to the contract
A =reach of 6ontract is a cause for discharge only if its effect is to render itpurposeless for the innocent party to proceed further ith performance
Repudiation hen the party to a contract epressly tells the other party thatthey have no intention of performing contractual obligations
7182019 01 Ethics Notesdoc
httpslidepdfcomreaderfull01-ethics-notesdoc 5456
REMIIES
A nondefaulting party is entitled to damages for losses incurred as a result of abreach of contract
irect amaes Actual calculated difference in the cost of having to chooseone service over the other ampthe loest bid is chosen and then they refuse to do the or7so the second loest bid is chosen and the party sues for the monetary difference beteen theloest and second loest bid
Indirect amaes Are consequential to the breach and might include damagesfor lost profits or damages incurred if the contract is not fulfilled
iDuidated amaes Are preestimated damages if certain events ere tooccur that are ritten into the contract under a Penalty 6lause
ltuantum Meruit hen services have been requested and performed but nooutside agreement as reached beteen the parties as to hat payment ouldbe provided in return for the services then the courts can aard the person ithas much as is reasonably deservedlt for time spent and materials supplied
Su1stantial Compliance hen a contractor has substantially complied iththe terms of a contract yet failed to comply ith some minor aspect of thecontract The contractor ill be paid the contract price minus the cost ofdamages caused by the minor problems
Specific Performance hen the courts require a party to perform a contractual
obligation li7e the sale of land or a personal item
Inunction A court order that prohibits or restrains a party from performing anactCHAPTER 9 Fundamental reac
Applies to a contract that contains an eemption clause amphere parties limit theirliability if a breach of contract results and ma7es the eemption ineffective
CHAPTER 8 Areement etampeen Client and Enineer
A contract beteen a client and an engineer must include all of the essentialcontract elements
The document ill not specify the degree of care that is required of the engineerin carrying out the services =ut the engineer is liable for incompetence
7182019 01 Ethics Notesdoc
httpslidepdfcomreaderfull01-ethics-notesdoc 5556
carelessness or negligence that results in damages to the client and for notperforming ith an ordinary and reasonable degree of care and s7ill
CHAPTER Concurrent ia1ilit$ in Tort and Contract
+nless otherise stated in a contract the standard of care epected of anengineer doing a ob is the same standard of care by hich an engineer-sperformance is measured in tort
3or a breach of contract there is a limitation period of I years from date of thebreach in hich to press charges instead of hen it is discovered
n tort the limitation period in hich to press charges starts hen the damagesare first detected
CHAPTER 3 Ar1itration and AR
A lasuit is not alays the best ay to resolve a dispute beteen contractingparties especially technical disputes
Ar1itration or Alternati4e ispute Resolution +AR- t is less costly and lesspublic than litigation
An engineer that is an arbitrator is epected to act impartially and independentlyof the parties to the dispute
The Arbitration Act deals ith the appointment of an arbitrator and sets out astructure or set of rules to govern the conduct of an arbitration unless the partiesagree that some other structure or rules ill apply
7182019 01 Ethics Notesdoc
httpslidepdfcomreaderfull01-ethics-notesdoc 5656
The Act also gives arbitrators the urisdiction to aard preudgment and post udgment interests ust li7e the courts have under the 6ourts of 4ustice Act
Partnerin intended to respond to the need for improved attitudes amongstindustry participants to the importance of teamor7 on proects
This cooperative attitude should assist in resolving proect disputes at an earlystage
) TGAT) and A=TAT) result in a 4+G(E)T TgtAT $=))G
Proect Neutral (proGect manaement oerie) The companies appoint a
proect neutral usually an independent professional eperienced in the industryto be aare of developments on the proect ith a vie to offering unbiasedadvice and decisions
Mediation esolving disputes through the negotiating process involving amediator ho is to provide guidance and to facilitate the settlement process agobeteenlt in communicating proposed settlements
There is no udgmentL the parties need to or7 out their differences
CHAPTER BB Industrial Propert$
Industrial Propert$ Rits ights that generally relate to patents trademar7scopyrights and industrial design
7182019 01 Ethics Notesdoc
httpslidepdfcomreaderfull01-ethics-notesdoc 5456
REMIIES
A nondefaulting party is entitled to damages for losses incurred as a result of abreach of contract
irect amaes Actual calculated difference in the cost of having to chooseone service over the other ampthe loest bid is chosen and then they refuse to do the or7so the second loest bid is chosen and the party sues for the monetary difference beteen theloest and second loest bid
Indirect amaes Are consequential to the breach and might include damagesfor lost profits or damages incurred if the contract is not fulfilled
iDuidated amaes Are preestimated damages if certain events ere tooccur that are ritten into the contract under a Penalty 6lause
ltuantum Meruit hen services have been requested and performed but nooutside agreement as reached beteen the parties as to hat payment ouldbe provided in return for the services then the courts can aard the person ithas much as is reasonably deservedlt for time spent and materials supplied
Su1stantial Compliance hen a contractor has substantially complied iththe terms of a contract yet failed to comply ith some minor aspect of thecontract The contractor ill be paid the contract price minus the cost ofdamages caused by the minor problems
Specific Performance hen the courts require a party to perform a contractual
obligation li7e the sale of land or a personal item
Inunction A court order that prohibits or restrains a party from performing anactCHAPTER 9 Fundamental reac
Applies to a contract that contains an eemption clause amphere parties limit theirliability if a breach of contract results and ma7es the eemption ineffective
CHAPTER 8 Areement etampeen Client and Enineer
A contract beteen a client and an engineer must include all of the essentialcontract elements
The document ill not specify the degree of care that is required of the engineerin carrying out the services =ut the engineer is liable for incompetence
7182019 01 Ethics Notesdoc
httpslidepdfcomreaderfull01-ethics-notesdoc 5556
carelessness or negligence that results in damages to the client and for notperforming ith an ordinary and reasonable degree of care and s7ill
CHAPTER Concurrent ia1ilit$ in Tort and Contract
+nless otherise stated in a contract the standard of care epected of anengineer doing a ob is the same standard of care by hich an engineer-sperformance is measured in tort
3or a breach of contract there is a limitation period of I years from date of thebreach in hich to press charges instead of hen it is discovered
n tort the limitation period in hich to press charges starts hen the damagesare first detected
CHAPTER 3 Ar1itration and AR
A lasuit is not alays the best ay to resolve a dispute beteen contractingparties especially technical disputes
Ar1itration or Alternati4e ispute Resolution +AR- t is less costly and lesspublic than litigation
An engineer that is an arbitrator is epected to act impartially and independentlyof the parties to the dispute
The Arbitration Act deals ith the appointment of an arbitrator and sets out astructure or set of rules to govern the conduct of an arbitration unless the partiesagree that some other structure or rules ill apply
7182019 01 Ethics Notesdoc
httpslidepdfcomreaderfull01-ethics-notesdoc 5656
The Act also gives arbitrators the urisdiction to aard preudgment and post udgment interests ust li7e the courts have under the 6ourts of 4ustice Act
Partnerin intended to respond to the need for improved attitudes amongstindustry participants to the importance of teamor7 on proects
This cooperative attitude should assist in resolving proect disputes at an earlystage
) TGAT) and A=TAT) result in a 4+G(E)T TgtAT $=))G
Proect Neutral (proGect manaement oerie) The companies appoint a
proect neutral usually an independent professional eperienced in the industryto be aare of developments on the proect ith a vie to offering unbiasedadvice and decisions
Mediation esolving disputes through the negotiating process involving amediator ho is to provide guidance and to facilitate the settlement process agobeteenlt in communicating proposed settlements
There is no udgmentL the parties need to or7 out their differences
CHAPTER BB Industrial Propert$
Industrial Propert$ Rits ights that generally relate to patents trademar7scopyrights and industrial design
7182019 01 Ethics Notesdoc
httpslidepdfcomreaderfull01-ethics-notesdoc 5556
carelessness or negligence that results in damages to the client and for notperforming ith an ordinary and reasonable degree of care and s7ill
CHAPTER Concurrent ia1ilit$ in Tort and Contract
+nless otherise stated in a contract the standard of care epected of anengineer doing a ob is the same standard of care by hich an engineer-sperformance is measured in tort
3or a breach of contract there is a limitation period of I years from date of thebreach in hich to press charges instead of hen it is discovered
n tort the limitation period in hich to press charges starts hen the damagesare first detected
CHAPTER 3 Ar1itration and AR
A lasuit is not alays the best ay to resolve a dispute beteen contractingparties especially technical disputes
Ar1itration or Alternati4e ispute Resolution +AR- t is less costly and lesspublic than litigation
An engineer that is an arbitrator is epected to act impartially and independentlyof the parties to the dispute
The Arbitration Act deals ith the appointment of an arbitrator and sets out astructure or set of rules to govern the conduct of an arbitration unless the partiesagree that some other structure or rules ill apply
7182019 01 Ethics Notesdoc
httpslidepdfcomreaderfull01-ethics-notesdoc 5656
The Act also gives arbitrators the urisdiction to aard preudgment and post udgment interests ust li7e the courts have under the 6ourts of 4ustice Act
Partnerin intended to respond to the need for improved attitudes amongstindustry participants to the importance of teamor7 on proects
This cooperative attitude should assist in resolving proect disputes at an earlystage
) TGAT) and A=TAT) result in a 4+G(E)T TgtAT $=))G
Proect Neutral (proGect manaement oerie) The companies appoint a
proect neutral usually an independent professional eperienced in the industryto be aare of developments on the proect ith a vie to offering unbiasedadvice and decisions
Mediation esolving disputes through the negotiating process involving amediator ho is to provide guidance and to facilitate the settlement process agobeteenlt in communicating proposed settlements
There is no udgmentL the parties need to or7 out their differences
CHAPTER BB Industrial Propert$
Industrial Propert$ Rits ights that generally relate to patents trademar7scopyrights and industrial design
7182019 01 Ethics Notesdoc
httpslidepdfcomreaderfull01-ethics-notesdoc 5656
The Act also gives arbitrators the urisdiction to aard preudgment and post udgment interests ust li7e the courts have under the 6ourts of 4ustice Act
Partnerin intended to respond to the need for improved attitudes amongstindustry participants to the importance of teamor7 on proects
This cooperative attitude should assist in resolving proect disputes at an earlystage
) TGAT) and A=TAT) result in a 4+G(E)T TgtAT $=))G
Proect Neutral (proGect manaement oerie) The companies appoint a
proect neutral usually an independent professional eperienced in the industryto be aare of developments on the proect ith a vie to offering unbiasedadvice and decisions
Mediation esolving disputes through the negotiating process involving amediator ho is to provide guidance and to facilitate the settlement process agobeteenlt in communicating proposed settlements
There is no udgmentL the parties need to or7 out their differences
CHAPTER BB Industrial Propert$
Industrial Propert$ Rits ights that generally relate to patents trademar7scopyrights and industrial design