Midterm sample
Please note that the significance of providing this sample mid-term is NOT substantive (that is, the particular questions that are asked, or the scope of the exam) – it is to provide students with a sense of the structure/format/style of this exam
GNG4170 – Engineering and the Law
Mid-term: 60 marks, 2 hrs
Wednesday, June 23, 2010
Q1:
True/False plus a brief explanation – if ‘true’, your ‘explanation’ should add one further idea/principle related to the sentence [1 mark for each of T/F and related explanation x 5 = 10 marks]
(a)
if person A is punched by person B, 2 separate legal actions (“battery”) could be started against B.
(b)
because of the Statute of Frauds, contracts must be in writing to be enforceable. (c)
an architect that sub-contracts part of a job to an engineering firm is
(potentially) vicariously liable for torts committed by that engineering firm. (d)
in a tort law action where liability is found, if the type of damage is reasonably foreseeable, then the plaintiff is liable for the extent of those injuries (to the specific defendant). This is called contributory negligence.
(e)
for the equitable defence of ‘undue influence’, one party to the contract must have forced the other party to enter the contract.
Q2: provide an explanation for 5 of the following 7 points [5 marks each X 5 = 25 marks = 10 marks]. If you answer more than 5, only the first 5 answers will be marked.
(i)
identify the elements of an enforceable contract.
(ii)
Contract “A” (if you answer this, you may not answer Q2(b) below).
(iii) what is a duty of care and how does the Court determine whether a duty of care is owed? (if you answer this, you may not answer Q2(a) below).
(iv)
libel
(v) identify and explain 3 ‘techniques’ for interpreting what words/phrases in a contract actually mean.
(vi)
disclaimer
(vii)
fraudulent misrepresentation
Q3:
Answer 1 of the following 2 questions [10 marks]. If you answer both, only the first one will be marked.
(a) teach
GNG4170 – Engineering and the Law
Mid-term: 60 marks, 2 hrs
Wednesday, June 23, 2010
Q1:
True/False plus a brief explanation – if ‘true’, your ‘explanation’ should add one further idea/principle related to the sentence [1 mark for each of T/F and related explanation x 5 = 10 marks]
(a)
if person A is punched by person B, 2 separate legal actions (“battery”) could be started against B.
(b)
because of the Statute of Frauds, contracts must be in writing to be enforceable. (c)
an architect that sub-contracts part of a job to an engineering firm is
(potentially) vicariously liable for torts committed by that engineering firm. (d)
in a tort law action where liability is found, if the type of damage is reasonably foreseeable, then the plaintiff is liable for the extent of those injuries (to the specific defendant). This is called contributory negligence.
(e)
for the equitable defence of ‘undue influence’, one party to the contract must have forced the other party to enter the contract.
Q2: provide an explanation for 5 of the following 7 points [5 marks each X 5 = 25 marks = 10 marks]. If you answer more than 5, only the first 5 answers will be marked.
(i)
identify the elements of an enforceable contract.
(ii)
Contract “A” (if you answer this, you may not answer Q2(b) below).
(iii) what is a duty of care and how does the Court determine whether a duty of care is owed? (if you answer this, you may not answer Q2(a) below).
(iv)
libel
(v) identify and explain 3 ‘techniques’ for interpreting what words/phrases in a contract actually mean.
(vi)
disclaimer
(vii)
fraudulent misrepresentation
Q3:
Answer 1 of the following 2 questions [10 marks]. If you answer both, only the first one will be marked.
(a) teach