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

Name of Student: _______________________________________________

(Please print legibly)
Student Number: _______________________________________________

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

Name of Student: _______________________________________________

(Please print legibly)

1. To establish causation in a negligence claim, the plaintiff must show that:

(A) the defendant owed a duty to the plaintiff and breached that duty.
(B) but for the breach of duty by the defendant, the loss would not have occurred, and
that the defendants breach was the proximate cause of the loss.
(C) the plaintiff took all reasonable steps to prevent the loss after the defendant
breached his duty to the plaintiff, and that the defendants breach was the proximate
cause of the loss
(D) None of the above.

2. Damages for economic loss are recoverable in a negligence claim:

(A) if advice was negligently given.
(B) if the person giving the advice knew, or ought to have known, that reliance was
being placed on his or her skill and judgment.
(C) if advice was negligently given and if the person giving the advice knew, or ought to
have known, that reliance was being placed on his or her skill and judgment.
(D) if advice was negligently given, if the person giving the advice knew, or ought to
have known, that reliance was being placed on his or her skill and judgment and if the
person receiving the advice should reasonably have been able to rely on the advice.

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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.

4. Among the advantages of a partnership as a form of business organization is/are:

(A) limited liability.
(B) limited government regulation and ease of formation.
(C) separate legal entity.
(D) All of the above.

5. When giving testimony before a court as an expert witness, a professional engineer:

(A) cannot express opinions and can only testify as to facts.
(B) can express opinions in circumstances where the subject matter is of a technical or
scientific nature beyond the knowledge of a nonprofessional.
(C) can express opinions within his or her area of expertise in circumstances where the
subject matter is of a technical or scientific nature beyond the knowledge of a
nonprofessional.
(D) can express opinions within his or her area of expertise in circumstances where the
subject matter is of a technical or scientific nature beyond the knowledge of a
nonprofessional but only when they are founded on adequate knowledge and honest
conviction.

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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(A) cannot withdraw or correct the bid.

(B) can withdraw or correct the bid.
(C) can withdraw or correct the bid if the terms of the tender contract permit him or her
to do so.
(D) can withdraw or correct the bid if the terms of the tender contract permit him or her
to do so, but only if the other contractors consent.

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.

8. Which of the following would be acceptable consideration in exchange for a

contractor building a house valued in excess of $250,000?
(A) $1
(B) a pencil
(C) the fair market value of the house
(D) Any of the above.

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9. In New Brunswick, a person seeking to enforce a promise made in a contractual

setting must establish that he or she has provided consideration to the person making
the promise.
(A) True.
(B) Generally true unless, for example, the contract in question is executed under seal.
(C) Generally true unless, for example, the contract in question is executed under seal,
or if the person seeking to enforce the promise is a third party beneficiary within the
application of the Law Reform Act.
(D) False.

10. The advantage(s) of a sole proprietorship as a form of business organization

include:
(A) ease of entry and limited regulation.
(B) limited liability.
(C) generally lower levels of income taxation than is the case for corporations.
(D) All of the above.

11. In the context of contract law:

(A) no damages are recoverable for misrepresentation.
(B) damages are recoverable for fraudulent misrepresentation.
(C) damages are recoverable for fraudulent or negligent misrepresentation.
(D) damages are recoverable for fraudulent, negligent or innocent misrepresentation.

12. In New Brunswick, a partnership can be authorized to practice engineering if one of

it functions is to engage in the practice of engineering and:
(A) all of its partners are members or licensees of the A.P.E.G.N.B.
(B) the practice of engineering is done under the direct responsibility and supervision of
a partner who is a member or licensee of the A.P.E.G.N.B.

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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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15. In the case of a fundamental breach of a contract:

(A) the only remedy for the innocent party is to continue to perform and to sue for
damages arising from the breach.
(B) the innocent party may continue to perform and sue for damages arising from the
breach, or may declare the contract to be terminated and sue for damages arising from
its termination.
(C) the only remedy for the innocent party is to declare the contract to be terminated
and sue for damages arising from its termination.
(D) the innocent party must first seek confirmation from the court whether the breach in
question is a simple breach or a fundamental before deciding how to proceed.

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.

18. In the case of a non-competition clause in a contract, it is more likely to be enforced

by the courts:
(A) if the geographic scope of the clause is wider in scope as opposed to narrower.
(B) if the time period during which it is to be enforceable is longer in duration as
opposed to shorter.
(C) if it is contained in a contract for the sale of a business as opposed to an
employment contract.
(D) All of the above.

19. If a contract is voidable, for example due to duress:

(A) there is no binding contract in existence between the parties.
(B) there is a binding contract between the parties, but any party may seek to have the
contract terminated or ended.
(C) there is a binding contract between the parties, but any party who is not in breach of
contact or responsible for the conduct giving rise to its voidability may seek to have the
contract terminated or ended.
(D) there is a binding contract between the parties, but any party whose rights have
been violated by the conduct giving rise to its voidability is limited to a claim in tort.
20. In establishing the standard of care against which the defendants acts or omissions
will be measured in a negligence claim, the court will consider:
(A) the likelihood of a known or foreseeable harm.
(B) the gravity of any such harm.
(C) the burden or cost which would be incurred to prevent the injury.
(D) All of the above.

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21. Which statement best describes a standard form contract?

(A) It is perfect for every situation.
(B) It represents the best practice for an industry.
(C) It is a useful starting point.
(D) It is completely balanced.

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.

23. Under New Brunswick law,

(A) a person may refuse to contract with another person due to that other persons
sexual orientation.
(B) a person may not refuse to contract with another person due to that other persons
sexual orientation in matters of employment, accommodation and housing and public
services and facilities.
(C) a person may not refuse to contract with another person due to that other persons
sexual orientation.
(D) sexual orientation is of no legal concern.

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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(D) sole proprietorship, partnership, corporation.

25. In New Brunswick, the parol evidence rule applies:

(A) to all contracts.
(B) to all contracts in writing.
(C) to all contracts in writing, except those governed by the Consumer Product Warranty
and Liability Act.
(D) to only those contracts expressly stating that it is applicable.

26. An engineer administering a construction project should keep detailed records:

(A) to provide written evidence to comply with the parol evidence rule.
(B) to provide written evidence to comply with the Statute of Frauds.
(C) to provide written evidence to comply with the Competition Act.
(D) to provide written evidence to confirm oral testimony in any subsequent litigation.

27. In New Brunswick a contract may impose obligations

(A) on all persons who are parties to the contract.
(B) on all persons who are named in the contract.
(C) on all persons who are provided with a copy of the contract.
(D) on all persons who become aware of the contract.

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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.

29. The purpose of tort law is

(A) to punish the wrongdoer.
(B) to allocate fault.
(C) to supplement insurance coverage.
(D) to compensate the victim.

30. In legal proceedings instituted to enforce a non-competition clause, if the validity of

the clause is challenged, the onus is on the person seeking to enforce the clause to
satisfy the court that:
(A) the clause is reasonable as between the parties.
(B) the clause is reasonable from the perspective of the public.
(C) the clause is reasonable either as between the parties or from the perspective of the
public.
(D) the clause is reasonable both as between the parties and from the perspective of
the public.

31. W, a professional engineer, teaches engineering at the University College of

Atlantica in the area of widgetology the study of widgets. An award winning researcher
in the field, W is widely recognized for his expertise. His text book on widgetology is a
standard reference tool. V hires W in his capacity as a professional engineer to provide
advice on certain aspects of widgetology in her business. V subsequently sues W
alleging that his advice was negligently given and that she has sustained damages as a

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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.

33. In New Brunswick:

(A) all contracts must be in writing to be legally enforceable.
(B) only those contracts which the parties themselves agree to reduce to writing must
be in writing to be legally enforceable.
(C) only certain categories of contracts, such as contracts for the purchase and sale of
land and guarantees, must be in writing to be legally enforceable.
(D) as a general rule no contract must be in writing to be legally enforceable.
DO NOT FORGET QUESTIONS ON BACK OF THIS PAGE

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34.. Income earned by a business operated by a corporation:

(A) is declared by the sole proprietor on his or her own income tax return.
(B) is allocated among the shareholders who declare it on their personal income tax
returns.
(C) is allocated among the partners who declare it on their personal income tax returns.
(D) is declared by the corporation on its own income tax return.

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.