CEN 800 Quiz # 4
CEN 800 Quiz # 4
Test your knowledge with the CEN 800 Quiz # 4! This comprehensive quiz covers essential aspects of engineering contracts, liability, and business organizations relevant to engineers and construction professionals.
- 25 challenging multiple-choice questions
- Assess your understanding of legal principles and project structures
- Perfect for engineering students and professionals alike
Which of the following statements are false?
A. If one party makes a fraudulent misrepresentation, the other party has the right to sue for damages
B. An engineer is not normally a party to construction contract between an owner and a contractor
C. The case of Dabous vs. Zuliani is a case dealing with improper inspection services by an architect
D. Contract A and Contract B are legal terms used to describe contracts that may arise in a bid and tender procurement process
E. None of the above
Which of the following statements are false?
A. Memorandums of understanding are expression of interest and are always enforceable
B. If an offer is accepted by mail, the contract is formed when the mail is received by the other party
C. Quantum Meruit is the legal principle by which a court may enforce an otherwise unenforceable gratuitous promise
D. Both (b) and (c)
E. All of the above
Which of the following business organizations would be best to protect two business partners from personal liability:
A. Partnership
B. Sole proprietorship
C. Corporation
D. Joint venture
E. All of the above
Which of the following statements are false?
A. The old approach to tendering disputes was based on the court decision of Ron Engineering which applied the legal doctrine of mistake
B. The new approach to tendering disputes is based on the court decision of Belle River which applied the Contract A / Contract B approach
C. The Supreme Court of Canada in the MJB Enterprises decision established that an owner owes a duty of good faith to all contractors submitting a compliant bid
D. Both (a) and (b)
E. All of the above
Which of the following project structures reduces the likelihood of the owner facing arguments from the designer and contractor that the other is at fault:
A. Construction management
B. Multi-designers
C. Traditional
D. Design-build
E. Engineering procurement and construction management
Which of the following statements are true?
A. The case of Davis Contractors vs Fareham Urban District Council is a case dealing with contract frustration
B. Some of the remedies which may be available to a non-defaulting party in the event of a breach of contract include: termination, specific performance and injunctions
C. Quantum Meruit is a legal principle applied when there are no contract provisions dealing with contract price
D. Both (a) and (c)
E. All of the above
Which of the following statements are true?
A. Engineers may be required to act as a client’s agent
B. Engineers can never be concurrently liable for breach of contract and for negligence
C. In administering the terms of a construction contract, an engineer may be required to make decisions affecting the rights of the owner and the contractor
D. Both (a) and (c)
E. All of the above
Which of the following statements are true?
A. There are three types of misrepresentation: innocent, negligent and fraudulent
B. Only where one of the parties to a contract makes an innocent misrepresentation can the innocent party rescind the contract
C. The legal principle of negligent misrepresentation does not apply to contract
D. Both (a) and (b)
E. All of the above
Which of the following business organizations results in the least amount of tax being initially paid by the business:
A. Sole proprietorship
B. Corporation
C. Partnership
D. Limited partnership
E. None of the above
If two business partners choose a corporation as their business organization, can each of them be:
A. A shareholder
B. A director
C. An employee
D. (a), (b) and (c) above
E. None of the above
Nuisance law:
A. May result in an injunction
B. Prevents a person making unreasonable use of his or her land
C. Protects a person’s right to make reasonable use of his or her land
D. All of the above
In a negligence claim, the plaintiff must provide enough evidence against the defendant to prove the claim:
A. With absolute certainty
B. On a balance of probabilities
C. Beyond a reasonable doubt
D. Beyond a shadow of doubt
When an employee acting within the reasonable scope of his or her responsibility commits negligence, vicarious liability means that:
A. The employer is responsible
B. The employee is not responsible
C. The employee is responsible
D. (a) and (c)
In a trial of a negligent engineer, where an expert witness is called to testify:
A. Only one expert witness may testify
B. It is the judge’s duty to present the expert’s testimony
C. The expert witness may express his or her opinions
D. The judge must abide by the expert’s determination of the applicable standard of care
Which of the following statement is false?
A. Courts will only look to the express terms of a contract in all cases.
B. Some contractual terms may be implied unless they are specifically excluded in the contract
C. Courts will imply a term when it is necessary to give the contract ‘business efficacy’
D. Both (a) and (b)
E. Both (b) and (c)
Which of the following will not negatively affect the enforceability of the contract?
A. The offer and acceptance were communicated by email
B. The consideration given was not sufficient
C. The contract contemplates that someone will commit a criminal act in its performance.
D. The contract is verbal and if for performance of services to be performed over a period of 6 months but starting 18 months after the contract was formed
E. Both a and b
Which of the following statements is false?
A. The legal principle of force majeure applies only to certain types of contracts such as services or performance contracts.
B. Where one party breaches any term of a contract the innocent party is always entitled to terminate the contract
C. Specific performance and injunctions are remedies, which are always available to a non-defaulting party in the event of a breach of contract by the other party.
D. Both (b) and (c)
E. All of the above
When an expert engineer is called to testify at a trial of an engineer who has been accused of negligence:
A. It is the judge’s duty to select the expert
B. The judge must abide by the expert’s opinion on engineering matters
C. (a) and (b)
D. The expert witness may express his or her opinions
An engineer firm would not be liable for negligence if:
A. The damages were only economic
B. Economic loss was not specifically identified as a special circumstance in the engineer firm’s services agreement with its client
C. The engineering firm did not foresee the damages
D. By pure luck, the engineering firm’s careless conduct caused no damages
If a client hired an engineer for a project and the engineer is negligent in carrying out his or her services, the Limitations Act, 2002:
A. Will place a dollar limit on the engineer’s total liability
B. May be used by the engineer to protect himself or herself from liability
C. Would never apply to the engineer
D. None of the above
Which of the following are required elements of an enforceable contract:
A. An offer and written acceptance and intent
B. Consideration and legality of purpose
C. Legal capacity of the parties and detrimental reliance by one party on the other’s promise
D. Both (a) and (b)
E. Both (b) and (c)
An agreement between two parties may require that a dispute be:
A. Arbitrated as opposed to litigated
B. That the decision of the arbitrator(s) be final and binding
C. That the parties will share the administrative cost of any arbitration
D. All of the above
D. All of the above
Under a traditional project structure involving an owner, the owner’s engineer and the owner’s general contractor:
A. The engineer owes a duty of care to the owner
B. The engineer can only be liable to the owner
C. The engineer owes a duty of care to the general contractor
D. (a) and (c)
Which of the following statements are correct?
A. An engineering company cannot legally limit its liability under an engineering services agreement
B. An engineering company providing engineering services in Ontario can enter into an enforceable contract without obtaining a certificate of authorization from the PEO
C. An engineer cannot act as an agent for the client
D. An engineer acting as a consultant for an owner on a construction project does not owe a duty of care to the contractor on the project
E. None of the above
Which of the following statements are correct?
A. Mediation is an alternative dispute resolution mechanism
B. The decisions of an arbitrator are always final and binding cv
C. The Arbitration Act of Ontario provides for certain rights to have decisions of an arbitrator appealed to a court of law
D. The use of dispute resolution boards is an illegal method of dealing with disputes
E. Both (a) and (c)
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