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ENGR 413 Chapters 13-16 Exam Questions With Correct Answers $10.49   Add to cart

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ENGR 413 Chapters 13-16 Exam Questions With Correct Answers

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ENGR 413 Chapters 13-16 Exam Questions With Correct Answers Can parties to a contract use tort to circumvent the terms of the contract? - answerNo they cannot. Can tort duties co-exist with contract duties? - answerYes they can Define limitation period - answertime in which an aggrieved party ...

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  • October 16, 2024
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  • Exam (elaborations)
  • Questions & answers
  • ENGR 413
  • ENGR 413
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ENGR 413 Chapters 13-16 Exam Questions
With Correct Answers


Can parties to a contract use tort to circumvent the terms of the contract? - answer✔No they

cannot.


Can tort duties co-exist with contract duties? - answer✔Yes they can


Define limitation period - answer✔time in which an aggrieved party can commence legal action


What is the limitation period for BC? - answer✔2 Years


When does the limitation period start? - answer✔Limitation periods generally only start to run

when the plaintiff could reasonably have known of their right to bring an action, but in some

provinces this rule is modified by legislation


Define Patent Defect - answer✔a defect discoverable on a reasonable visual inspection


Define Latent defect - answer✔a defect not discoverable on a reasonable visual inspection


Can there be a shorter limitation period? - answer✔If statute allows, parties can agree to a shorter

limitation period than that specified by statute

, ©SIRJOEL EXAM SOLUTIONS
12/3/2024 11:27AM


Define Ultimate limitation period - answer✔which is the period beyond which no claims can be

brought, even for latent defects


What can professionals do to protect themselves against claims? - answer✔Professionals can

purchase insurance to protect themselves against claims made within the limitation period. This

is especially important for claims made by third parties because such claims cannot be limited by

contract


Can a plaintiff make a claim if they contribute to the loss? - answer✔Under modern statutes, if

the plaintiff contributes to the loss, they still have the right to claim, but the amount recoverable

is reduced in proportion to the plaintiff's contribution to the loss


Define Several liability - answer✔Each defendant is only liable for damages in proportion to its

contribution to the loss


Define joint and several liability - answer✔Each defendant is liable for all of the damages

regardless of its contribution to the loss


Define Vicarious liability - answer✔Liability of one party for the fault of another. Ex. Employers

are vicariously liable for wrongs their employees commit


What must there be for vicarious liability to exist? - answer✔there must be an employer-

employee relationship

, ©SIRJOEL EXAM SOLUTIONS
12/3/2024 11:27AM


Are legislated codes mandatory to follow? - answer✔Legislated codes, such as building codes,

are mandatory for everyone in the relevant industry


What must professionals do related to codes and standards? - answer✔Professionals must keep

up to date with developments in their field and be familiar with the latest codes and standards

In relation to codes and standards, what will almost always be a breach of contract? -

answer✔Violation of codes mandated by law will almost always be a breach of contract.


What are the four sets of circumstances where liability can be found? - answer✔The first is

where the professional has actual knowledge that the code requirements are inadequate. Second,

a professional can be found liable if he or she reasonably should have been aware that the code

was inadequate. Third, in rare cases, courts have held that an industry cannot be permitted to set

its own standard—and professionals should not follow such standards where those standards are

careless. Finally, where the design is leading edge or unique, professionals need to be aware that

a different standard may apply. Traditional codes may not be relevant in such circumstances.

Can professionals be found negligent if they followed the minimum code requirements? -

answer✔Yes, they can


What are the 4 primary methods of dispute resolution? - answer✔litigation, arbitration,

mediation, negotiation

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