Signature:
_______________________________________________
INSTRUCTIONS
1. Read the Instructions before beginning.
2. Fill in the information requested above and on the following page. Print and code your
name and student number in pencil on the computer answer sheet provided. The first
digit of your student number should be coded in column A under the heading
Identification Number. No other personal information need be provided
3. The Final Examination will begin promptly at the time announced.
4. Students may be required to produce satisfactory identification.
5. Students are not permitted to leave the examination room until 15 minutes of the
examination period has expired.
6. Students are not permitted to leave the examination room for any reason (washroom,
illness, etc.) without the permission of the invigilator.
7. This is a closed book test. No items other than normal writing instruments may be
used or accessed.
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8. On completion of the Final Examination, hand both this question package and the
computer answer sheet to the invigilator, initial the class list after your name and then
leave the room promptly and quietly. Please do not congregate in the hallway outside
the exam room.
9. Each question is of equal value. Indicate the most appropriate response to each
question by coding it in pencil on the computer answer sheet provided.
10. Students who become ill and withdraw for this reason during a final examination, or
who feel that their performance was affected seriously by illness, even if they do not
withdraw, must, if they wish to be eligible for a deferred examination, notify the
invigilator before leaving the examination room. They should then go immediately to be
examined medically. They may then apply to the Registrar within two weeks of the final
examination they were unable to write for a deferred examination. For further
information concerning deferred examinations, please refer to the University-Wide
Academic Regulations III.E. as found in the University of New Brunswick 2014-2015
Undergraduate Calendar.
11. While no bonus marks are offered for following instructions, sometimes doing the
right thing is a sufficient reward in and of itself.
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ENGG4013
Fall 2014: SECTION FR01A: LAW MODULE I
Instructor: Richard J. Scott, Q.C.
Final Examination
October 21, 2014
6:30:00 P.M. to 8:00:00 P.M. ADT According to Invigilators Watch
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3. In the case of a breach of contract, the party in default will be responsible to the other
party:
(A) for only direct damages.
(B) for only indirect or consequential damages.
(C) for both direct and indirect or consequential damages, regardless of any other terms
of the contract purporting to limit the defaulting partys liability.
(D) for both direct and indirect or consequential damages, but subject to any other terms
of the contract purporting to limit the defaulting partys liability.
6. In the case of a construction project, where the owner has tendered the construction
contract and the terms of the tender call require all bids submitted to be irrevocable for a
stated period of time, a contractor who has discovered an error in his or her bid before
the bid has been accepted:
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7. If the contracting parties have clearly reached an agreement but have recorded the
provisions of the agreement incorrectly in a written contract, the appropriate remedy is:
(A) an award of damages.
(B) an order for rescission or setting aside of the contract.
(C) an order for rectification or correction of the contract.
(D) No relief may be granted as the contract is void.
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(C) the practice of engineering is done under the direct responsibility and supervision of
a partner or full-time employee of the partnership who is a member or licensee of the
A.P.E.G.N.B.
(D) In New Brunswick, a partnership cannot be authorized to practice engineering.
13. In New Brunswick, all final drawings, specifications, plans, reports and other
documents pertaining to engineering works or systems:
(A) must be signed, dated and sealed by the engineer who prepared them.
(B) must be signed, dated and sealed by the engineer who prepared them, or by the
engineer under whose direct supervision they were prepared.
(C) must be signed, dated and sealed by the engineer who prepared them, by the
engineer under whose direct supervision they were prepared, or by the partner, director
or full-time employee under whose direct responsibility and supervision the practice of
engineering is done.
(D) need not be signed, dated and sealed by a professional engineer unless so
requested by the client.
14. Information included in a tender package prepared by the owners consultant may
be relied on by a person submitting a tender:
(A) only if the tender package specifically provides to that effect.
(B) regardless of whether or not the person submitting the tender knows the information
is inaccurate.
(C) unless the tender package requires the persons submitting the tenders to satisfy
themselves as to the information provided.
(D) None of the above.
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16. In the case of a construction project, where the owner has tendered the construction
contract and the terms of the tender call require all bids submitted to be irrevocable for a
stated period of time after the close of tenders or until another bid is accepted, the
Supreme Court of Canada has held that there is/are the following implied term(s):
(A) the owner will not accept a non-compliant bid.
(B) the owner will not accept a non-compliant bid, and the owner will treat all contractors
submitting a bid equally and fairly.
(C) the owner will not accept a non-compliant bid, the owner will treat all contractors
submitting a bid equally and fairly, and the owner will not cancel the tender without the
prior consent of all contractors who have submitted a bid.
(D) the owner will not accept a non-compliant bid, the owner will treat all contractors
submitting a bid equally and fairly, the owner will not cancel the tender without the prior
consent of all contractors who have submitted a bid, and the owner will award the
construction contract to the qualified contractor with the lowest bid.
17. The contract rule of interpretation known as contra proferentum means that:
(A) if the terms of a contract are ambiguous, they will be interpreted in accordance with
the meaning understood by the party who drafted the contract.
(B) if the terms of a contract are ambiguous, they will be interpreted in accordance with
the meaning understood by the party who did not draft the contract.
(C) if the terms of a contract are ambiguous, they will be interpreted against the party
who drafted the contract.
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(D) if the terms of a contract are ambiguous, they will be interpreted against the party
who did not draft the contract.
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22. With respect to liability under tort law principles, a partner in a consulting
engineering firm in New Brunswick has potential liability arising from:
(A) his or her own conduct.
(B) the conduct of his or her partners.
(C) the conduct of the firms employees.
(D) All of the above.
24. The three basic forms of business organization arranged in order of complexity from
least complex to most complex are:
(A) corporation, partnership, sole proprietorship.
(B) partnership, sole proprietorship, corporation.
(C) sole proprietorship, corporation, partnership.
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28. In contract law, the principle of mitigation requires a party to the contract:
(A) to act reasonably in the performance of the contract.
(B) to act reasonably to limit any damages once the contract has been breached by the
other party.
(C) to act reasonably both in the performance of the contract and to limit any damages
once the contract has been breached by the other party.
(D) There is no obligation under contract law requiring a party to a contract to act
reasonably at any time the party is entitled to act solely in his or her self-interest.
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result. In determining whether W was negligent, the court will compare the standard of
care exercised by W in giving advice with the standard of care expected of:
(A) an average person in the circumstances.
(B) a reasonable person in the circumstances.
(C) a reasonable professional engineer in the circumstances.
(D) a reasonable professional engineer specializing in widgetology in the
circumstances.
32. The professions of engineering and geosciences are by their very nature risky.
As a result, all parties in a construction project try to minimize their own risks. In
order to minimize such risks:
(A) a contract may specifically allocate risks between the parties to the contract.
(B) a party to the contract may use insurance to shift risk to a third-party, an insurer.
(C) a contract may include specific limitations on or exclusions of liability.
(D) All of the above.
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35. Where the terms of the tender call, issued by an owner seeking tenders or bids from
interested contractors, require all bids submitted to be irrevocable for a stated period of
time, the tender call is an example of:
(A) an invitation to treat.
(B) an offer.
(C) an acceptance.
(D) both an acceptance and an offer.