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15 Cards in this Set
- Front
- Back
Case: Edgeworth v ND Lea |
Precedent: Duty of Care, especially without contract (a professional owes a duty of care where their advice is being taken, with or without contract) |
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Case: Donoghue v Stevenson |
Precedent: Unintentional tort of negligence (Where defendant owes a duty of care; Where the defendant's actions breached that duty; and where the plaintiff is injured; Then defendant is liable in tort) |
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Case: Hedley Bryne v Heller |
Precedent: Even without contract, statements by a Professional qualify as liable in tort where the Professional's input is relied upon. A duty of care is owed where the Professional is providing expertise in statements. |
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Case: The Moorcock |
Precedent: Implied terms in contract; |
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Case: Wolverine Tube (Canada) Inc. v Noranda Metal |
Precedent: Canadian version of Hedley Bryne v. Heller; Establishes professional liability. Really, similar to Edgeworth v. N.D. Lea. |
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Case: Harbutt's Plasticine v Wayne Tank & Pump |
Precedent: Doctrine of Fundamental Breach is established, in England. The fundamental terms of the contract, if breached, preclude any exemption clauses. |
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Case: Hunter Engineering v. Syncrude |
Precedent: The Doctrine of Fundamental Breach was "put to rest" in Canada; Exemption clauses to be strictly followed Part (2) in Fundamental Breach History |
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Case: Imperial Glass v Consolidated Supplies |
Precedent: A unilateral mistake in a contract, will be upheld --- Don't screw up contract writing! |
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Case: Belle River v. Kaufmann Co. (1977) |
Precedent: A bid is not a contract; Bids may be revoked. Part (1) in Contract "A" history |
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Case: Ron Engineering v. The Queen in Ontario (1981) |
Precedent: Participation in a bid process is accepting of an initial contract, defined by the Tender. Thus began the concept of Contract "A".
Part (2) in Contract "A" history. |
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Define: Tort |
Private or civil injury or wrong, by means of negligence, with or without contract. |
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Define: Practice of Professional Engineering |
Involves the design, review, analysis, evaluation, or management/supervision of these acts; Where public welfare (health, financial/property, or environment) is concerned; and where applied sciences are required. |
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Define: Purpose of the PEO |
The PEO is meant to regulate members of the profession (license holders and certificate holders) where the public interests are concerned, according to the Professional Engineers Act and PEO Regulations and By-Laws. |
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Explain: How Self-Regulation Works |
Laws are not passed to govern the body; Instead, self-governed body appoints staff and council to administer PE Act and PEO Regulations; Includes self-discipline; All in the interests of the public |
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Define: Secret Commission |
Offerring or accepting a bribe -- in turn for altering the way someone does business, causing damage to another party; A criminal Offence in Canada, and in violation of Engineer's Code of Conduct; |