ARE 5.0 - Practice Management verified answers and questions 2023.

ARE 5.0 - Practice Management verified answers and questions 2023. administrative law - correct developed to implement civil statutes (private rights, duties, and obligations) standard of care - correct om of an architect to exercise their judgement and skill reasonably and prudently what any architect would do in the same context, time period, and with similar facts and circumstances negligence - correct issue where 4 elements need to be proven to be successful 1. duty 2. breach 3. cause 4. damage Duty - correct a case of negligence, architect must owe a legal duty. aka, an outstanding legal obligation Breach of Duty - correct a case of negligence, the architect fails to perform the duty or does something they should not have done cause - correct a case of negligence, the architect's breach is the cause of harm to the claim maker damage - correct a case of negligence, actual harm or damage must have resulted from the breach acts of commission - correct hing that one did, but should not have done The architect's errors acts of omission - correct that should have been done but were not third party actions - correct tect can be held liable for negligent acts, errors, or omissions to third parties with whom the architect has no contractual relationship statute of repose - correct answers.a statute of limitations with an absolute time frame in which legal action can be brought against the architect statute of limitations - correct able time frame in which to bring legal action begins only when the injury or defect is discovered agent - correct individual who is authorized to act on one's behalf (principle) principle - correct who has an agent acting on their behalf agency - correct an agent (ID) acts on behalf of a principal (owner) in dealing with a third party (contractor) owner-architect relationship - correct ed agency relationship represents the owner's interests called upon to render unbiased judgement in disputes between owner and contractor (cannot be held liable for stance taken in this situation) architect-employee relationship - correct tect is responsible for the actions of their employees architect-consultant relationship - correct ltants may sometimes act as agents of the architect architect not free from liability of actions by consultants architects not usually responsible if consultants were hired directly by the owner unless negotiated into the owner-architect agreement vicarious liability - correct responsibility placed on one person for the acts of another architect not free from liability of actions by consultants antitrust laws basic principles - correct answers.1. cannot fix or maintain price 2. cannot boycott a client 3. cannot allocate business or customers antitrust laws commonly reviewed activities - correct answers.1. fees 2. competitive bidding 3. design competitions 4. information surveys sole proprietorship - correct answers.a business owned and managed by a single individual all personal assets at risk does not file separate tax return simplest form of practice partnerships - correct esses with two or more owners personal assets at risk based on capital contributions not filed separately amongst partners formal written agreement needed to specify duties, roles and individual responsibilities corporations - correct entity separate from it's members often more stable The most complex, requires extensive paperwork, board of directors, shareholder meetings, etc. filed as a legal entity separate from members ethical standards - correct or standards for moral behavior a set of values held by a unique and finite group of individuals canon 1: general obligations - correct tect should maintain and advance knowledge. respect the profession and it's accomplishments canon 2: obligations to the public - correct tect must obey the law and promote and serve the public interest canon 3: obligations to the client - correct tects should serve their clients competently and professionally exercise unpredjudiced and unbiased judgement in professional services