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An Engineering View of Liability and Negligence in Engineering Practice

Quiz Questions

1. Contract law imposes
liability on a party for promises to another party.
contractual dispute.
2. Tort law
covers the class action lawsuit in general.
is ‘directed toward the compensation of individuals, rather than the public, for losses which they have suffered within the scope of their legally recognized interests generally rather than one interest only, where the law considers that compensation is required’.
3. One could view torts, at least tort concepts discussed in this paper, as based in the concepts of
fault and/or fairness.
error and omission.
4. In this view, negligent tortious conduct includes conduct that
is harmful.
falls below accepted community standards of behavior.
5. Tort law addresses whether the legal system should require one party (the defendant) to pay a sum of money to another party (the plaintiff) because the defendant’s conduct in fulfillment of some duty to the plaintiff has fallen below those standards of behavior (fault). This redistribution of wealth should be based on fairness.
6. Negligence is
simply being careless.
conduct which falls below the standard established by law for the protection of others against unreasonable risk of harm
7. In order to establish liability for damage, which of following do courts analyze?
Proximate cause
All of the above
8. Negligence is a broad principal of liability. The most general duty under tort is that a person is under a duty to
exercise ‘reasonable care’ to avoid harm to others.
to perform his work as agreed on.
9. "Cause in fact" examines the factual connection
between the defendant’s conduct and the damage to the plaintiff.
in the contract.
10. Which one of the following have courts required in order to apply strict liability for products?
The ‘product’ was in a ‘defective condition [resulting in a product that is] unreasonably dangerous’. Defects can be created by manufacture, assembly, design, warning labels, marketing, etc.
The defendant was in the ‘stream of commerce’ that produces the product and/or delivers the product to the customer (manufacturer, subcontractor, wholesaler, distributor, retailer, etc.).
The product was defective when it left the defendant’s hands.
The product was intended to reach the plaintiff without substantial change.
The defect caused (in fact) physical harm to the plaintiff. (Strict liability in torts may relieve the plaintiff of responsibility for unforeseeable misuse, abuse, alterations and other defenses. See [6, ยง2].)
All of the above