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