Professional Documents
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Ethics and Liability Slides Notes
Ethics and Liability Slides Notes
Pokhara University
Nepal Engineering College
Centre for the Post Graduate Studies
Morality
An example of a moral code is the Golden Rule which states that, "One should
treat others as one would like others to treat oneself.
"Although the morality of people and their ethics amounts to the same thing,
there is a usage that restricts morality to systems such as that of Kant, based on
notions such as duty, obligation, and principles of conduct, reserving ethics
for the more Aristotelian approach to practical reasoning, based on the notion of
a virtue, and generally avoiding the separation of 'moral' considerations from
other practical considerations
When comparing morality with ethics, the word ethics is often used to refer to a
philosophical analysis of a particular morality, especially when the formal
definition is applied.
It investigates the question, What's moral philosophy all about? And many
other related question, such as :
1. What does 'good' and 'bad,' 'right' and 'wrong,' or 'justice' refer to?
Rationally justified?
7. Does anything have intrinsic value (value just for existing), or are
Morality involves what we ought to do, right and wrong, good and bad, values,
justice, and virtues.
Morality is taken to be important; moral actions are often taken to merit praise
and rewards, and immoral actions are often taken to merit blame and
punishment.
Something is morally right if it's morally permissible, and morally wrong if it's
morally impermissible. Exame.g- it's morally right to help people and give to
certain charities,
Good and bad Good and bad refer to positive and negative value.
Something is morally good if it helps people attain something of positive value,
avoid something of negative vale, or has a positive value that merits being a
goal. E.g , food is good because it is necessary to attain something of positive
value because it helps us survive; and our survival could have positive value
that merits being a goal.
Final ends
Final ends are goals that we think are worthy. Pleasure, survival, and knowledge
are possible examples of goods that should be taken to be promoted as final
ends. Some final ends are also meant to help us avoid something of negative
value, such as our goals to avoid pain and death.
Final ends seem relevant to right and wrong. It seems morally right to try to
achieve our final ends because they are worthy. All things equal, it seems
morally right to try to attain happiness and survive.
Intrinsic values Intrinsic value plays the same role as final endswe think it's
often morally right to try to achieve goals that help people attain intrinsic goods
and we morally ought to do so. However, intrinsic values can conflict.
If pain is intrinsically bad, that doesn't mean we should never allow ourselves or
others to experience pain because there might be intrinsic goods that can be
attained as a result of our pain. For example, homework and learning is often
painful, but the knowledge attained can help us live better lives and could even
be intrinsically good for its own sake.
Justice
Justice refers to our interest in certain ethical issues such as equality, fairness,
and merit.
Virtues
Some people are better at being moral than others. Its important that we know
the difference between right and wrong, attain the skills necessary to reach
demanding moral goals, and find the motivation to do what is morally
preferable. For example, courage is a virtue that involves knowledge of right and
wrong, skills, and motivation.
We often think that moral behavior merits praise and immoral behavior merits
blame. It often seems appropriate to tell people who have done good deeds,
such as saving lives, that we appreciate it and that what they are doing is good;
and it often seems appropriate to tell people who have done something immoral
that we don't appreciate it and that they did something morally wrong.
One way to hold people responsible for their actions is to reward and punish
them for their behavior, and this often seems appropriate. We could give gifts or
return favors to people who help us, and break our friendship or ignore those
who do something immoral.
What we morally or nonmorally ought to do We don't just talk about right and
wrong, good or bad, or what we ought to do in moral contexts. This is because
there is both moral and non-moral instrumental value.
Law The law tells us what we are or are not allowed to do, and breaking the
law often leads to punishment. What's legal is often based on what's moral, but
not always. For example, it's illegal and immoral to murder people. However, the
fact that legality and morality can overlap doesn't mean they are identical. It
was once illegal to free slaves, but that doesn't mean it was morally wrong; and
it can be legal for a company to pollute or dump toxic waste, but that doesn't
mean it's morally right to do so.
It's hard to pinpoint what morality is about, but we often discuss morality with
ease anyway.
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There are many related ideas concerning morality, such as what we ought to do,
right and wrong, and justice; but these ideas often have a nonmoral counterpart.
This seems clear when we compare moral and nonmoral instrumental value.
Moreover, etiquette and law are often confused with morality, but they are not
identical to morality.
What's polite or legal is often moral, but not always. What's bad etiquette or
illegal can be moral as well.
We all face situations every day that require us to make choices or decisions.
Sometimes these are uncomfortable or awkward and demand difficult decision
making.
Situations that generally require asking the ageold question, What is the
ethically right thing to do? are called values or moral dilemmas.
of
moral theory.
But most philosophers accept that moral dilemmas are those uncertainties in
which an agent must choose between two or more mutually exclusive actchoices, each of which is morally required.
The options might be good courses of action or the avoidance of bad courses of
action.
Moral dilemmas are a subset of the general class of dilemmas, which includes
prudential (Judicial), epistemic (acquiring knowledge), religious, legal, and moral
dilemmas.
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Moral Conflicts
Moral conflicts are situations in which one's moral outlook may be reasonably
interpreted as imparting guidance to do two incompatible actions.
There are two major types of moral conflicts: the moral values that give support to each option differ in kind (civic or
familial; to honour parents or serve God
moral conflict arises from mere contingencies of a given situation (for a
mother, which of her children will survive into the future; which twin to
save from drowning)
Moral and
Human and
Behavior
Both options have comparable moral support, but because of the time, location,
and other life constraints, both cannot be performed.
Human
Paragon of animals
Featherless biped
A laughing animal
A rational animal
Man is not only a rational animal but also an animal of particular type, with a
particular and complicated structure, by which his thoughts, feelings and actions are
largely determined
Taoism (about 600 B.C., China)
The individuals great satisfaction in the life was not enjoyed by him as a
member of society, but as a being isolated from every body and being a law on
to himself.
Laws and social institutions were mere devices to cramp his human
development
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Man is the part of the universe and is a machine composed of moving particles
like plants and animal
Man is also a creature of activity, he is always doing and can have no final end
where he can rest
Introduction
John Locke (1632- 1704)
Human beings are Social, Cooperative and Sympathetic. However there are
some difference in Experience, Strength and Ability which may be due to
Education, Experience and Environment
The relationship between individual and society is ultimately one of the profound
of all the problems of social philosophy.
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It is in the society again that s/he has to conform to the norms, occupy statuses and
become members of groups
The question of the relationship between the individual and the society is the
starting point of many discussions.
But are individuals separate from society or a part of society? Is either or both
an illusion? Individuals in society are not 'free agents' as they are constrained by
social rules.
Much social research still separates the individual and society. Society is seen as
a unity of its own, implying boundaries. Individuals are seen as free and
independent, acting a closed systems
Behavior can be regarded as any action of an organism that changes its relationship to
its environment. Behaviour provides outputs from the organism to the environment
Behaviour is impacted by certain traits each individual has. The traits vary from
person to person and can produce different actions or behaviour from each
person.
Social norms also impact behaviour. Humans are expected to follow certain
rules in society, which conditions the way people behave.
Attitude can be defined as "the degree to which the person has a favorable or
unfavorable evaluation of the behavior in question
Genetics: Behaviours result from a combination of genes and these genes can
be affected by different factors such as genes and environment are included in
the growth of any trait. Understanding genetics in relation to behaviour is
difficult and there are many things still being studied about this.
Core Faith & Culture: This faith can be through religion, philosophy, culture or
personal belief and often affects the way a person can behave. culture highly
affects human behavior. These differences are able to alter the way different
cultures and areas of the world interact and act.
Ability,
Attitudes, and
Learning
Ability
Managers are less interested in whether people differ in terms of their abilities
and more interested in knowing how people differ in abilities and using that
knowledge to increase the likelihood that an employee will perform his or her job
well.
Attitude
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Components of attitudes
Such an opinion is the cognitive component of an attitude. It sets the stage for
the more critical part of an attitude: its affective component. Affect is the
emotional or feeling segment of an attitude and is reflected in the statement
I dont like Jon because he discriminates against minorities
Learning
Learning
Theories of Learning
Classical Conditioning
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Operant Conditioning
Social-Learning Theory
Classical conditioning
Operant conditioning
Shaping
By observing what happens to other people.
Quick
SLIDE 2
2. Ethics:
Introduction to Ethics
Use of Ethics
Characteristics
of
Ethical
problems
Approaches of Ethical decision
making
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1. Introduction to Ethics
If you live by yourself on an island, you have only yourself to consider. When you
band together with other people, however, your actions can affect the group of
which you are a part.
Throughout the history, the group has attempted to set limits on the behaviors
of individuals in the perceived best interest of the group and or even individuals.
This concern has long been dealt with the study of Ethics. The study of Ethics is
the study of how to live in group.
These truth are imprinted by God on the soul of each human being.
Believed that people have a desirable end goal or purpose and that practicing
excellences of character (virtues) leads to human happiness and good moral
reasoning.
Virtue ethics and natural law theory!!
Modern philosophy and
the age of enlightenment
Reductionists: hope that after most or all knowledge was discovered the
universe and human behavior could be predicted and controlled
Postmodern era
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In her book In a Different Voice (1982),she argued that womens moral reasoning
is different ,but it is not deficient.
Kohlberg's is a male-oriented ethics of justice.
Gilligans is a more feminine ethic of care.
Eastern ethics
Indian Ethics:
Hinduism
It originated with writings called the Vedas (c. 2000 to 1000 B.C.E.) that include
magical, religious, and philosophical teachings.
The quality of one's past actions, karma, influences one's present existence and
future incarnations or rebirths.
Therefore, people need to improve the goodness of their actions, which will
subsequently improve their karma.
Indian Ethics:
Buddhism
The Buddha's core teachings, are called the Four Noble Truths:
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The Second and Third suggest that the cause of suffering is attachment (clinging
or craving).
The Fourth contains the path for transforming suffering into enlightenment or
liberation.
This path is called the Eightfold path, and it is composed of eight right
practices: Right View, Right Thinking, right Mindfulness, Right Speech, Right
Action, Right Diligence, Right Concentration, and Right Livelihood.
Chinese Ethics:
Taoism
Taoist philosophy underscores the flux and balance of nature through yin(dark)
and yang(light) elements.
Chinese Ethics:
Confucianism
Li provides guidance to social orders and how humans should relate to one
another.
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The history of hortatory ethical speculation can be interpreted in the light of the
attempt to answer two questions:
1 What is the good life for humankind?
2 How ought humans, insofar as they are moral beings, to behave?
Socrates believed that if a person knows what is good, then they will always act
in such a way as to try to achieve it.
virtue is knowledge"
nobody errs willingly"
Plato's Ethics
Plato differs from Socrates not only in believing that knowledge of the good is
possible, but also in specifying how one can go about achieving it.
The search for the good life is then tied to the theory of knowledge.
Plato's blueprint for an ideal social organization contained two highly dissimilar
proposals for educating people, depending upon whether or not they have the
capacity to acquire knowledge.
Plato argued that moral standards are just as objective as the principles of
physics or the theorems of mathematics. Those who think morality is merely a
matter of opinion think so because they lack the knowledge to judge otherwise.
Aristotle's Ethics
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Aristotle's ethics form a far more empirical theory than Plato's, less hostile to
pleasure as a component of the good life, and positively opposed to the Platonic
conception that moral laws have a validity independent of human interests,
attitudes, desires, and tastes.
For Aristotle, no specification of the good life will be adequate which does not
take into account a person's unique nature.
The good life must be one which is good for humans, and since humans are,
above all, rational beings, the good life will be one which must be conducted
under the governance of reason.
Kantianism
Therefore its important that our actions are based on appropriate moral rules.
Act only from moral rules that you can at the same time universalize.
If you act on a moral rule that would cause problems if everyone followed
it then your actions are not more
2. Act so that you always treat both yourself and other people as ends in
themselves, and never only as a means to an end.
If you use people for your own benefit that is not moral
Ethics: ???
Sociologist Raymond Baumhart asked business people, "What does Ethics mean
to you?" Among their replies were the following:
Many people tend to equate ethics with their feelings. But being ethical is clearly
not a matter of following one's feelings. In fact, feelings frequently deviate from
what is ethical.
laws, like feelings, can deviate from what is ethical. Our own pre-Civil War
slavery laws and the old apartheid laws of present-day South Africa are
grotesquely obvious examples of laws that deviate from what is ethical.
In any society, most people accept standards that are, in fact, ethical. But
standards of behavior in society can deviate from what is ethical. An entire
society can become ethically corrupt. Nazi Germany is a good example of a
morally corrupt society.
The early Greek attempted to understand the meaning of life and is considered
by many to have begun the development of a Reasoned Philosophy of Ethics.
The teachings of Socrates, Plato, and Aristotle culminated in Nichomachus
Ethics, named after the name of Aristotles son - Nichomachus.
The ultimate goal of the quest of human life is usually mentioned by the words
like, The Good, the Highest Good, the Supreme Good or End, Summum Bonum
etc.
Aristotle debated at length the meaning of the word Good as well as the
concept of Justice and happiness.
Ethics - Definition
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Derived from the Latin word Ethos- the space where people living together
The word `moral is derived from the Latin word `mores which also means
customs, usages or habits
Morality is the standard of behavior by which people are judged but Ethics is a
system of belief that supports a view of morality, the aim of ethics is to define
the nature of the Highest good of a man as a member of society
Ethics is related with human conduct, character and values. Ethics also explores
into the problem of practical life i.e. morality.
Literally, Ethics is the science of customs or collective habits of men. Any custom
has a reference to the community. Customs are the ways of acting, approved by
the group.
For Seth, as the science of the Good, Ethics is the science par excellence of the
ideal and the ought.
Ethics is
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Standards of behavior that tell us how human beings ought to act in the many
situations in which they find themselves - as friends, parents, children, citizens,
business people, teachers, professionals, and so on.
\
2. Use of Ethics
Ethics studies the moral behaviour in human, and how one should act. It may be
divided into four major areas of study which include:
Applied ethics, about how moral outcomes can be achieved in specific situations;
and
Descriptive ethics also known as comparative ethics, about what moral values
people actually abide by.
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Within each of these branches are many different schools of thought and still
further sub-fields of study.
Use of Ethics: Area and Nature of Ethics
Ethics is a science:
Ethics aims at systematic explanation of its subject matter. It
systematically aims at explanation of rightness and wrongness in human
conduct with reference to ideals. It systematically classifies our actions
into voluntary, involuntary, moral, non- moral and evaluates them.
There are four branches of Ethics - Descriptive Ethics, Normative Ethics, MetaEthics and Applied Ethics.
Descriptive Ethics
Descriptive Ethics is the study of peoples beliefs about morality. It
involves empirical investigation. It gives us a general pattern or a way of
life of people in different types of communities. It studies the history and
evolution of Ethics.
Normative Ethics
Normative Ethics is also called as prescriptive ethics is the study of ethical
theories that prescribe how people ought to act. It examines standards for
the rightness and wrongness of actions. Normative Ethics suggests
punishment when a person deviates from the path of ideals. It provides
justification for punishing a person who disturbs social and moral order.
There are four branches of Ethics - Descriptive Ethics, Normative Ethics, MetaEthics and Applied Ethics.
Descriptive Ethics
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Normative Ethics
Normative Ethics is also called as prescriptive ethics is the study of ethical
theories that prescribe how people ought to act. It examines standards for
the rightness and wrongness of actions. Normative Ethics suggests
punishment when a person deviates from the path of ideals. It provides
justification for punishing a person who disturbs social and moral order.
Meta- Ethics
Meta Ethics is the study of what ethical terms and theories actually refer
to. It determines the validity of theories advanced in Normative Ethics. We
use certain moral concepts such as right, wrong, good or bad to evaluate
human actions.
Meta Ethics deals with the questions such as What is the meaning o f
moral terms or judgments?, What is the nature of moral judgments?,
How may moral judgments be supported or defended?
Applied Ethics
It deals with the problems confronted in our life. It attempts to apply
ethical theory to real life situations. It helps to use knowledge of moral
principles to present dilemmas.
Applied Ethics guides the individuals facing conflicting situation. Some
critical moral issues arise due to the insensible and irresponsible attitude
of human beings without any concern to other children of Mother Nature.
Engineering Ethics
The field of applied ethics which examines and sets standards for engineers
obligation to the Public, their Clients, Employers and Profession.
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A basic ethical dilemma is that an engineer has the duty to report to the
appropriate authority a possible risk to others from a client or employer failing to
follow the engineer's directions.
According to first principles, this duty overrides the duty to a client and/or
employer. An engineer may be disciplined, or have their license revoked, even if
the failure to report such a danger does not result in the loss of life or health.
A basic ethical dilemma is that an engineer has the duty to report to the
appropriate authority a possible risk to others from a client or employer failing to
follow the engineer's directions.
According to first principles, this duty overrides the duty to a client and/or
employer. An engineer may be disciplined, or have their license revoked, even if
the failure to report such a danger does not result in the loss of life or health.
In many cases, this duty can be discharged by advising the client of the
consequences in a forthright matter, and assuring the client takes the engineer's
advice. However, the engineer must ensure that the remedial steps are taken
and, if they are not, the situation must be reported to the appropriate authority.
In very rare cases, where even a governmental authority may not take
appropriate action, the engineer can only discharge the duty by making the
situation public.
Most significant decisions in organizations are not only complex but could be
considered dilemmas, because they involve fundamental conflicts between a set
of economic and self-interest considerations and a competing set of ethical,
legal, and social considerations.
While developing creative alternatives can help reduce the conflict, some
tension almost always remains.
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Some individuals avoid the more difficult task of trying to balance these
conflicting factors by arguing that organizations and managers should consider
economic (organizational self-interest) considerations exclusively.
Ethical decisions are almost always complex for several reasons because they
have:(a) multiple alternatives;
(b) consequences that extend beyond the immediate situation;
(c) uncertain consequences;
(d) mixed outcomes: economic, legal, and social benefits and costs; and
(e) personal implications
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4. Approaches to Ethical
Decision Making:
Ethical Problems for Moral Reasoning
Eternal Law
Ethical Egoism
Utilitarianism
Universalism
Ethics of Interdependence
Distributive Justice
Personal Liberty
Eternal Law: Moral standards are given in an Eternal Law, which is revealed in
scripture or apparent in nature, and then is interpreted by religious leaders or
philosophers. The belief is that everyone should act in accordance with the
interpretation
Ethical Egoism: Centres around the standpoint of the individual. The belief is
that individuals should seek their own self-interests, and act to promote the
greatest balance of good over bad for themselves. Ethical egoism might be seen
as the usual standard for businesses in a free market system.
In using this system one needs to consider both positive benefits and negative
costs/outcomes, also satisfactions such as health, friendships in addition to
material ones. Most advocates of this system say we should consider utilities
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The first duty of Universalism is to treat others as ends and not means. Kant
(1724-1804) proposed a simple test for personal duty and goodwill, to eliminate
self-interest and self-deception, and to ensure regard for the moral worth of
others: ask whether you would be willing to have everyone in the world, faced
with similar circumstances, be forced to act in exactly the same way (the
Categorical Imperative) ...i.e., to make a decision and act as if your basis for
action were to become a general law binding on everyone)
By this definition a truly ethical person will recognize that his/her own long-term
interests and those of society are much the same. Using this framework, a
person might ask: how am I likely to judge this action from my deathbed?
By this definition a truly ethical person will recognize that his/her own long-term
interests and those of society are much the same. Using this framework, a
person might ask: how am I likely to judge this action from my deathbed?
its goals and fulfil itself. Any other kind of behaviour is insincere, exploitive,
contentious, and unethical.
A formalized approach
to reflection and
analysis of morality
Four Step Process
Step I: Recognize and define the ethical issue (realm, individual process and
situation)
Individual Process
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Ethical Situation
Individual
Moral Sensitivity
Problem or issue
Institutional/
Moral Judgment
Temptation
Organizational
Moral Motivation
Distress
Societal
Moral Courage
Dilemma
Silence
STEP- I Realm
Individual realm: concerned with the good of the patient/client and focuses on
rights, duties, relationships and behaviors between individuals
Individual Process
Moral judgment: deciding between right and wrong actions; considering ethical
principles (autonomy, etc), then selecting and applying them
Moral courage: implementing the chosen ethical action, even though doing so
may cause adversity
Ethical Situation
Silence: key parties realize ethical values are being challenged, but do nothing
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Distress
Dilemma
Ethical Distress
Ethical Dilemma
There are two (or more) correct courses of action that cannot both be followed.
Most often involve ethical conduct (e.g. honoring autonomy vs. preventing
harm).
What do the right vs. wrong tests suggest you should do?
Publicity (the front page test): Would any of the parties involved be
embarrassed by the truth coming out?
Universality (the mom test): What would your mom do? Is this the right thing
to do regardless of whos involved?
The ethics test: Do the Code of Ethics, the Guide to Professional Conduct, or
Professionalism in Physical Therapy: Core Values, say anything about this
situation?
Rule-based: Follow only the principle you want every one else to follow
(deontological)
Ends-based: Do whatever produces the greatest good for the greatest number
(teleological)
Care-based: Do onto others as you would have them do onto you (the golden
rule)
Study Reference
35
Character
Integrity
Courage
Process
36
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3. Professionalism
Code of Ethics:
and
Introduction to Professionalism
Characteristics of Profession
Factors Affecting Moral of a
Profession
Code of Ethics of Engineering
Societies
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Introduction to Professionalism
Profession
A profession is something a little more than a job, it is a career for someone that
wants to be part of society, who becomes competent in their chosen
sector through training; maintains their skills through continuing professional
development (CPD); and commits to behaving ethically, to protect the interests
of the public.
A profession has been further defined as: "a special type of occupation...
(possessing) corporate solidarity...prolonged specialized training in a body of
abstract knowledge, and a collectivity or service orientation...a vocational subculture which comprises implicit codes of behaviour, generates an esprit de
corps among members of the same profession, and ensures them certain
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a paid occupation, especially one that involves prolonged training and a formal
qualification
Formation of a profession
A profession arises when any trade or occupation transforms itself through "the
development of formal qualifications based upon education, apprenticeship, and
examinations, the emergence of regulatory bodies with powers to admit and
discipline members, and some degree of monopoly rights."
Regulation
Autonomy
The concept of autonomy can therefore be seen to embrace not only judgement,
but also self-interest and a continuous process of critical evaluation of ethics and
procedures from within the profession itself.
Professions enjoy a high social status, regard and esteem conferred upon them
by society.
All professions involve technical, specialised and highly skilled work often
referred to "professional expertise.
Power
All professions have power and is used to control its own members, and also its
area of expertise and interests.
A profession tends to dominate, police and protect its area of expertise and the
conduct of its members, and exercises a dominating influence over its entire
field which means that professions can act monopolist, rebuffing competition
from ancillary trades and occupations, as well as subordinating and controlling
lesser but related trades.
Is Carpentry a Profession?
Carpentry
Characteristics of a Professions
Professional Association,
42
Cognitive Base,
Institutionalized Training,
Licensing,
Work Autonomy,
Code Of Ethics
Great responsibility
Professionals deal in matters of vital importance to their clients and are
therefore entrusted with grave responsibilities and obligations.
Accountability
Professionals hold themselves ultimately accountable for the quality of their
work with the client. The profession may or may not have mechanisms in place
to reinforce and ensure adherence to this principle among its members. If not,
the individual professional will (e.g. guarantees and/or contractual provisions).
Autonomy
Professionals have control over and, correspondingly, ultimate responsibility for
their own work. Professionals tend to define the terms, processes, and conditions
of work to be performed for clients (either directly or as preconditions for their
ongoing agency employment).
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Ethical constraints
Due to the other characteristics on this list, there is a clear requirement for
ethical constraints in the professions. Professionals are bound to a code of
conduct or ethics specific to the distinct profession (and sometimes the
individual).
Merit-based
In a profession, members achieve employment and success based on merit and
corresponding voluntary relationships rather than on corrupted ideals such as
social principle, mandated support, or extortion (e.g. union members are not
professionals). Therefore, a professional is one who must attract clients and
profits due to the merits of his work
Capitalist morality
The responsibilities inherent to the practice of a profession are impossible
to rationally maintain without a moral foundation that flows from a recognition of
the singular right of the individual to his own life, along with all of its inherent
and potential sovereign value; a concept that only capitalism recognizes,
upholds and protects
When comparing morality with ethics, the word ethics is often used to refer to a
philosophical analysis of a particular morality, especially when the formal
definition is applied.
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Code of Ethics
Help create environment within a profession where ethical behavior is the norm
Code can indicate to others that the profession is seriously concerned about
responsibility, professional conduct.
Importance of Codes
Guidance:
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Inspiration:
Code expresses collective commitment to ethics
Positive motivation for ethical conduct
Shared standards:
Profession establishes explicit standards
Public is assured of a minimum standard of excellence on which it can
depend engineers.
Discipline:
Formal basis for investigating unethical conduct
Some professional societies do suspend or expel members whose
professional conduct has been proven unethical
Is not a recipe for ethical behavior; it is only a framework for arriving at good
ethical choice
Code of ethics doesnt create new moral or ethical principles. These principles
are well established in the society, and foundations of such go many centuries
back.
Engineers have obligations to the public, their clients, employers and the
profession.
Individual codes of ethics are most commonly seen as part of the tenets of a
religion but can also be considered to be those unwritten rules of behavior
instilled in an individual by their upbringing and environment.
Society at large assumes that certain ethical behaviors are defined regardless of
religion, geographic location or nationality.
Work that requires sophisticated skills, the use of judgment and the exercise of
discretion. Not routine and is not capable of being mechanized.
To set standards for admission to the profession, to set standards of conduct for
members and to enforce
Significant public good results from the practice of the profession (Martin and
Schinzinger 2000)
Sociologists opinion
Social-contract
Business Model
Lawyers
The first rule in the American Bar Association's Code of ethics addresses
attorney competence. Called Rule 1.1, this rule reads:
This code of ethics provides guidance for lawyers on matters ranging from client
confidentiality to partnerships to treatment of witnesses inside and outside the
courtroom.
Physicians
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Different opinions within the AMA's code address different issues. For
instance, opinion 8.021:
Ethical obligations of medical directors, specifies that :(1) Placing the interests of
patients above other considerations, such as personal interests (eg, financial
incentives) or employer business interests (eg, profit). This entails applying the
plan parameters to each patient equally and engaging in neither discrimination
nor favoritism, is part of adherence to professional medical standards.
Engineering as a Profession
Engineers are grounded in applied sciences, and their work in research and
development is distinct from the basic research focus of scientists.The work of
engineers forms the link between scientific discoveries and their subsequent
applications to human needs and quality of life
Engineering ethics
The Study of related questions about moral ideals, character, policies and
relationship of people and corporations involved in technological activity.
Teaching engineering ethics can achieve at least four desirable outcomes (Davis,
M ):
Often, general courses not directly related to engineering, such as those in the
social sciences or humanities, also are required.
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US- licensure is generally attainable through combination of education, preexamination (Fundamentals of Engineering exam), examination (Professional
Engineering Exam),]and engineering experience (typically in the area of 5+
years). Each state tests and licenses Professional Engineers.
In Continental Europe, Latin America, Turkey and elsewhere the title is limited by
law to people with an engineering degree and the use of the title by others is
illegal.
Italy- the title is limited to people who both hold an engineering degree and have
passed a professional qualification examination (Esame di Stato).
Czech Republic- the title "engineer" (Ing.) is given to people with a (masters)
degree in chemistry, technology or economics for historical and traditional
reasons.
These titles are protected by law and are subject to strict requirements defined
by the Engineering Council UK. The title CEng is in use in much of
the Commonwealth.
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Many semi skilled trades and engineering technicians in the UK also call
themselves engineers. This is seen by some as a misuse of the title, giving a
false image of the profession.
Whistle-blowing
This is commonly referred to as 'blowing the whistle'. The law that protects
whistle-blowers is for the public interest so people are encouraged to speak out
if they find malpractice in an organisation. Blowing the whistle is more formally
known as 'making a disclosure in the public interest.
A criminal offence
A miscarriage of justice
The alleged misconduct may be classified in many ways; for example, a violation
of a law, rule, regulation and/or a direct threat to public interest, such as fraud,
health/safety violations, and corruption.
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One of the first laws that protected whistleblowers was the 1863 United
States False Claims Act (revised in 1986), which tried to combat fraud by
suppliers of the United States government during the Civil War. The act
encourages whistleblowers by promising them a percentage of the money
recovered or damages won by the government and protects them from wrongful
dismissal.
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5. Smile more.
Assignment -1
Whistle Blowing
Many Engineering Colleges are having poor physical and academic environment
24 Gha Provision
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Conflict of interest
Bribery and kickback, which also may include: Gifts, meals, services, and
entertainment
Some engineering societies are addressing environmental protection as a standalone question of ethics.
The field of business ethics often overlaps and informs ethical decision making
for engineers.
Step 1: Become an Engineer Intern (the first step toward full PE licensure)
56
ASME requires ethical practice by each of its members and has adopted the
following Code of Ethics of Engineers as referenced in the ASME Constitution,
Article C2.1.1.
Engineers uphold and advance the integrity, honor and dignity of the
engineering profession by:
Using their knowledge and skill for the enhancement of human welfare;
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Being honest and impartial, and serving with fidelity the public, their employers
and clients; and
Engineers shall hold paramount the safety, health and welfare of the public in
the performance of their professional duties.
Engineers shall act in professional matters for each employer or client as faithful
agents or trustees, and shall avoid conflicts of interest or the appearance of
conflicts of interest.
Engineers shall build their professional reputation on the merit of their services
and shall not compete unfairly with others.
Engineers shall issue public statements only in an objective and truthful manner.
Code of Ethics of
Engineers :
The Fundamental Canons
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Assignment-1
What is law?
The whole system or set of rules made by the government of a town, state,
country, etc.
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"The rule of law is better than the rule of any individual. - The Greek
philosopher Aristotle (in 350 BC)
Marxist theory
a tool of oppression (Burden, Impose) used by capitalists to control the
proletariat (Workers, Laborers).
Definition of law
Law is a term which does not have a universally accepted definition, but one
definition is that law is a system of rules and guidelines which are enforced
through social institutions to govern behavior.
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Private individuals can create legally binding contracts, including (in some
jurisdictions) arbitration agreements that exclude the normal court process.
Principles of Law
As part of the law, general principles of law do not represent binding normative
circumstances in the way that explicit legal norms do, but can be seen as rules
of law which should be followed as far as possible.
Since they do not carry such rigid binding force as norms of the legal order
proper, these principles are called "optimization precepts". For example, the
principle deriving from Roman law which holds that agreements are to be kept
(pacta sunt servanda) is a general judicial starting-point to which there are many
exceptions.
Jus sanguinis - the principle that a person's nationality at birth is the same as
that of his natural parents
Jus soli - the principle that a person's nationality at birth is determined by the
place of birth
Relation back, relation - (law) the principle that an act done at a later time is
deemed by law to have occurred at an earlier time; "his attorney argued for the
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relation back of the amended complaint to the time the initial complaint was
filed"
It may be the case that two or more of these principles come into conflict. If this
is occurs then the principle that takes precedence is the one which best serves
the public interest in the particular circumstance, especially the public interest in
the proper administration of justice.
Scope of Law
The law shapes politics, economics, and society in various ways and serves as a
social mediator of relations between people.
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Law also raises important and complex issues concerning equality, fairness and
justice
In a typical democracy, the central institutions for interpreting and creating law
are the three main branches of government,
impartial judiciary,
Scope of law in
Engineering Activities
accountable executive.
Constitutional law
Contract law
regulates everything from buying a bus ticket to trading on derivatives
markets.
Tort law
allows claims for compensation if a person's rights or property are harmed.
If the harm is criminalized in a statute, criminal law offers means by which
the state can prosecute the perpetrator.
Administrative law
is used to review the decisions of government agencies
Corporate law
Environmental law
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Sources of Law
Precedents
Customs
Legislation
Statutory interpretation
Preparatory works
Precedents
Customs
Legislation
Statutory interpretation
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Preparatory works
Contract: Definition
(v.) To make an agreement; to covenant; to agree; to bargain;
(n.) To enter into, with mutual obligations; to make a bargain or
covenant for.
(a.) Contracted; affianced; betrothed.
term "contract" has also come to refer to the written document in which terms of
the promise are written down.
Law of Obligation:
Sources of obligations: Legal obligations arise out of legal facts, which can be
categorised as follows:
Human conduct:
Non-juristic acts:- Acts to which the law gives effect irrespective of the
intentions of the parties (e.g. delicts).
Juristic acts:- Acts to which the law gives effect according to the
intentions of the party or parties.
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The most important sources of obligations are acts of contract, delict and unjust
enrichment. Hence, a contract is not a legal obligation in itself but
rather a legal fact that gives rise to a legal obligation.
The law of contract is the body of legal rules governing the conclusion
and consequences of contracts.
These rules, along with the law of delict and law of enrichment, fall
under the law of obligations, which is a category of the law of
patrimony, forming part of private law, which is fundamentally
concerned with defining, protecting and balancing legitimate individual
interests.
The law of contract is the body of legal rules governing the conclusion
and consequences of contracts.
These rules, along with the law of delict and law of enrichment, fall
under the law of obligations, which is a category of the law of
patrimony, forming part of private law, which is fundamentally
concerned with defining, protecting and balancing legitimate individual
interests.
Essential Elements of a
Valid Contract
Consideration:
the parties to a contract must exchange something of value.
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Capacity to contract:
A person is competent to contract if, at the time of making, he is of sound
mind, major and not disqualified from contracting under law
Legal purpose:
The contract must be legal and may not contradict any statutory or common
law rule.
Legality of form:
The contract must abide by any formalities set by law or by the parties
themselves.
Consent to contract:
the parties to the contract have a mutual understanding of what the contract
covers
Vitiating factors: Misstates, Undue influence, Misrepresentation,
Duress
Different Kinds of
Contract:
Engineering/
Construction Contract
Project delivery systems have been developed to provide the construction buyer
(i.e., the client) with a single point of contact or source of purchase.
Depending upon the magnitude and nature of the work, its special
design needs, funding requirements, complexities of the job and
owner's own preference, different types of contracts are entered into.
The three most commonly used characteristics for this purpose are:
1. The method by which payment for the work under the contract is evaluated.
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Sometimes, Part Lump sum and part Unit-Price Contract is also adopted
in a single project as a fourth type
Advantages and Disadvantages of all types
Single Fixed Price or Lump Sum Contracts and Unit Price Contracts
Selective Competition
Competition among few selected contractors
3.Classifications by Technical and Administrative Responsibility
Engineering contracts can be classified by the manner in which project
implementation responsibilities are allocated. There are a number of
classifications under this method, the principal ones being;
Management Contracts
Traditional Approach
The owner employs a designer who first prepares the plans and
specifications, then exercise some degree of inspection, monitoring or
control during construction.
Consulta
nt
Construction
Consultancy contract
Contract
contract
or
employer needs to enter into one contract that is with the contractor, who in
turn appoints their own design consultants
Management Contracts
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Employer
Managing
contract
Management
Contractor
Construction
Construction
contract
Contractors
Sub-Contracting
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used
in
Formation of Contract
Formation of Contract:
Mutual Consent (Meeting of
Mind)
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- in a contract for the sale of a "mustang", the buyer thinks he will obtain a
car and the seller believes he is contracting to sell a horse, there is no meeting
of the minds and the contract will likely be held unenforceable.
3. Formation of
Contract:
Essential Elements-
Typically, in order to be
enforceable, a contract
must involve the
following elements:
Offer
Acceptance
The acceptance must be made before the offer has expired. Most offers
contain a time limit within which the offer can be accepted. Once the
offer has expired, it can not be accepted unless the person making the
offer has renewed it.
Consideration
Rules Governing
Consideration
Online Contracts
Online contracts, which are easily made, are usually valid on a smaller
scale for a period of one to three months, while on a larger scale can
last about five years.
All cases are evaluated on their own merits, and those merits are
defined by the facts presented in each instance.
Though 90% of people sign online contracts before reading the content,
E-signature laws have made the electronic contract and signature as
legally valid as a paper contract.
It has been estimated that roughly one hundred and ten electronic
contracts are signed every second.
Unilateral Contracts
If the condition is something that only one party can perform, both the
offeror and offeree are protected
Implied Contract
Defective Contracts
Void contract:
One of the requirements for a valid contract is absent - no
contract is concluded.
Voidable contract:
A contract is indeed concluded but it can be set aside on account
of a defect that existed at the time of conclusion (e.g. consensus
improperly obtained).
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Unenforceable contract:
A contract is indeed concluded but it creates only a natural
obligation, which is recognized but not enforced by law (e.g. a wager).
Contract Practices in
Nepal
In private sectors, other modalities like lump sum contracts cost plus contracts
are also in use.
Turnkey and BOOT Contracts are also in Practice these days- limited number of
power projects
Performance and
Discharge of Contracts
Performance of Contract:
Definition
Professional Ethics and Liability
Discharge/ Termination of
Contract:
If one party does not fully perform the contract this will amount to
breach and the other party may have a claim for damages unless the
contract has been frustrated.
Discharge of Contracts
by Performance
DISCHARGE BY PERFORMANCE
Most contracts are discharged by the parties doing what they promised to do.
TENDER OF PERFORMANCE
Discharge can be accomplished by tender (an unconditional offer to perform by
one who is ready, willing, and able to do so). If performance has been tendered
and the other party refuses to perform, the party making the tender can sue for
breach
Complete versus Substantial Performance
a. Complete Performance: Express conditions fully occur in all aspects.
b. Substantial Performance: Performance that does not vary greatly from the
performance promised in the contract.
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Discharge of Contracts
by the occurrence or failure of
condition
Aa
condition
is a possible future event, occurrence or nonoccurrence of which
triggers performance of an obligation or terminates an obligation. If performance
is contingent on a condition that is not satisfied, neither party has to perform.
1. CONDITION PRECEDENT
A condition that must be fulfilled before a partys performance can be required.
2. CONDITION SUBSEQUENT
A condition that operates to terminate an obligation to perform. The condition
follows a duty to perform. Such conditions are rare.
3. CONCURRENT CONDITION
When each partys duty to perform is conditioned on the other partys duty to
perform.
4. EXPRESS AND IMPLIED CONDITIONS
1. Express Condition: provided for by the parties agreement. Usually
prefaced by the word if, provided, after, or when.
2. Implied-in-Fact Condition: Understood to be part of the agreement
but not found in the express language of the agreement.
A condition is a possible future event, occurrence or nonoccurrence of which
triggers performance of an obligation or terminates an obligation. If performance
is contingent on a condition that is not satisfied, neither party has to perform.
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1. CONDITION PRECEDENT
A condition that must be fulfilled before a partys performance can be required.
2. CONDITION SUBSEQUENT
A condition that operates to terminate an obligation to perform. The condition
follows a duty to perform. Such conditions are rare.
3. CONCURRENT CONDITION
When each partys duty to perform is conditioned on the other partys duty to
perform.
4. EXPRESS AND IMPLIED CONDITIONS
1. Express Condition: provided for by the parties agreement. Usually
prefaced by the word if, provided, after, or when.
2. Implied-in-Fact Condition: Understood to be part of the agreement
but not found in the express language of the agreement.
Discharge of Contracts
Discharge of Contracts
by the Operation of Law
B. STATUTES OF LIMITATIONS
Statutes of limitations limit the period during which a party can sue based on a
breach of contract.
C. BANKRUPTCY
A discharge in bankruptcy will ordinarily bar enforcement of most of a debtors
contracts.
D. DISCHARGE BY IMPOSSIBILITY OR IMPRACTICABILITY OF
PERFORMANCE
1. Objective Impossibility of Performance
2. Commercial Impracticability
3. Frustration of Purpose
4.Temporary Impossibility
Discharge of Contracts
by the Breach of Contract
Breach of contract: A failure to honor ones obligation under a contract.
If the party does not fulfill his contractual promise, or has given information to
the other party that he will not perform his duty as mentioned in the contract or
if by his action and conduct he seems to be unable to perform the contract, he is
said to breach the contract.
Fundamental breach
Anticipatory breach
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Types of Breach of
Contracts
Professional Ethics and Liability
Immaterial breaches
A minor breach, a partial breach or an immaterial breach, occurs when the nonbreaching party is un entitled to an order for performance of its obligations, but
only to collect the actual amount of their damages.
Material breach
A material breach is any failure to perform that permits the other party to the
contract to either compel performance, or collect damages because of the
breach
Fundamental breach
A non-breaching party has three basic choices when faced with a breach of
contract1. Excuse the Breach,
2. Rescind the Contract, or
3. Terminate the contract
Excuse the Breach: risk of having waived the particular contract requirement.
Rescission: the contract is canceled and both sides are excused from further
performance and any money advanced is returned, trap for non breaching party
which looses the right to sue for damages under contract
Termination: common remedy for non-breaching party.
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Termination of a Contract
Those short comings of the employer which would justify the contractors work
stoppage,
The employer be given written notice of the alleged breach and a certain period
of time to cure the breach,
The general rule for compensation for breach of contract is to put the
plaintiff in the same position he or she would have been in had the
contract been performed as agreed. In other words, in any breach of
contract lawsuit, the court will try to fashion a remedy that makes the
plaintiff "whole."
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Compensatory Damages
The amount of that will be awarded for breach of contract depends on:
The type of contract involved (Sale of Goods, Construction
Contracts, Employment contracts)
Which party breached the contract.
Liquidated Damages
To be lawful,
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Consequential Damages
Nominal Damages
Damages awarded when the non-breaching party sues the breaching party even
though no financial loss has resulted from the breach.
"Plaintiff says chicken means a young chicken, suitable for broiling and frying.
Defendant says chicken means any bird of that genus that meets contract
specifications on weight and quality, including what it calls stewing chicken and
plaintiff pejoratively terms fowl.
Rules of Contract
Interpretation
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Issues of contract interpretation are pervasive a civil litigator does not find it
surprising that (parties might litigate the meaning of the word chicken)
At the same time, for the most part, issues of contract interpretation have no
greater social implication (courts are simply concerned to get the intended
meaning right)
Many construction disputes arise out of terms set forth in the contract.
Because many disputes are won or lost depending on the interpretation of the
contract terms, it is imperative that those in the construction industry have in
their skill set at least a basic knowledge of the rules and law governing contract
interpretation.
One key issue in any contractual dispute is whether the court will allow the
parties to introduce extrinsic evidence regarding how the subject contract should
be interpreted.
While the law varies from jurisdiction to jurisdiction, generally two competing
philosophies exist with respect to when extrinsic evidence may be admitted to
explain or interpret the contract.
The four corners philosophy (also known as the plain language approach)
typically requires a court or trier of fact to discover an ambiguity before allowing
the introduction of extrinsic or parol evidence to supplement or explain
contractual terms.
On the other hand, the intent of the parties philosophy (also often referred to
as the Corbin approach) typically allows the introduction of extrinsic and/or
parol evidence regardless of whether the underlying contract is determined to
be ambiguous. The four corners method has been, and continues to be, the
most widely accepted method of contract interpretation in the United States.
General Rules of
Contract
Interpretation :-
Specific Versus General Contract Terms: This well-known and often used
rule holds that specific terms and exact terms are given greater weight than
general contract language.
Assessment -3
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Crime
A crime is an offence against a public law. This word, in its most general sense,
includes all offences, but in its more limited sense is confined to felony.
The term offence may be considered as having the same meaning, but is usually
understood to be a crime not indictable but punishable, summarily or by the
forfeiture of a penalty.
A crime occurs when someone breaks the law by an overt act, omission or
neglect that can result in punishment.
A person who has violated a law, or has breached a rule, is said to have
committed a criminal offense.
Ignorance of the law is no exception means that you can be held liable even when you break a law that you
didn't know existed.
Types of Crime
Criminal law
Criminal law
is the body of rules and statutes defining the offences against the
community at large.
It regulates how suspects are investigated, charged and tried.
The law also provides the punishments for convicted offenders.
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Enforcement of criminal laws in the most of the States has traditionally been a
matter handled by the states.
In criminal law, punishment is allowed due to the wrongful intent involved in the
crime.
This is distinguished from civil law, which seeks to compensate the injured party
rather than punish the wrongdoer.
The police, the criminal courts and prisons are all publicly funded services,
though the main focus of criminal law concerns the role of the courts, how they
apply criminal statutes and common law, and why some forms of behaviour are
considered criminal.
The fundamentals of a crime are known as the actus reus and the mens rea.
actus reus "guilty act" (doing that which is prohibited) and
mens rea"guilty mind" (i.e. the intent to commit the crime)
The traditional view is that moral culpability requires that one should have
recognized or intended that one was acting wrongly.
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Defences exist to some crimes A person who is accused may in certain circumstances plead they
are insane and did not understand what they were doing, that they
were not in control of their bodies, they were intoxicated, mistaken about
what they were doing, acted in self defence, acted under duress or out of
necessity, or were provoked.
These are issues to be raised at trial, for which there are detailed rules
of evidence and procedure to be followed.
Children are not criminally responsible for their actions until they are old
enough to understand the difference between right and wrong and the
nature of their actions.
Modern criminal law has been affected considerably by the social sciences,
especially with respect to sentencing, legal research, legislation, and
rehabilitation.
Tort?
Generally refers to private (as opposed to public) and civil (as opposed to
criminal) offenses for which law may provide monetary compensation
(damages) to the aggrieved party as a remedy.
Tort
Torts include all negligence cases as well as intentional wrongs which result in
harm.
Therefore tort law is one of the major areas of law (along with contract, real
property and criminal law) and results in more civil litigation than any other
category.
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Some intentional torts may also be crimes, such as assault, battery, wrongful
death, fraud, conversion (a euphemism for theft) and trespass on property and
form the basis for a lawsuit for damages by the injured party.
Torts, are civil wrongs. To have acted tortiously, one must have breached a
duty to another person, or infringed some pre-existing legal right.
The party that commits the tort is called the tortfeasor. A tortfeasor incurs
tort liability, meaning that they will have to reimburse the victim for the
harm that they caused them. In other words, the tortfeasor who is found to
be liable or responsible for a persons injuries will likely be required to
pay damages.
Under most tort laws, the injury suffered by the plaintiff does not have to
actually be physical. A tortfeasor may be required to pay damages for
other types of harm, including emotional distress or a violation of personal
rights.
Tort law
In tort law, injury is defined broadly. Injury does not just mean a physical injury
Injuries in tort law reflect any invasion of any number of individual interests. This
includes- interests recognized in other areas of law, such as property rights,
actions for nuisance (annoying or hurting) and trespass (unlawful entering) of
land can arise from interfering with rights in real property
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Tort laws are laws that offer remedies to individuals harmed by the unreasonable
actions of others. Tort claims usually involve state law and are based on the
legal premise that individuals are liable for the consequences of their conduct if
it results in injury to others.
Tort laws involve civil suits, which are actions brought to protect an individuals
private rights.
Individuals rights (in General)
1. right to be free from bodily harm
2. right to enjoy a good reputation
3. right to conduct business with out wrongful interference
4. right to have property free from interference
Civil tort law is that branch of law that deals with breaches of civil duties, rather
than a contractual duty or a general societal duty.
Although many violations may be classified as either a tort or a crime, there are
some major differences between a tort and crime.
Crimes are typically prosecuted by the state, whereas any citizen who has been
injured can file a lawsuit for tort.
1.
2.
Seek damages
3.
4.
Standard preponderance of the evidence (i.e. more likely
than not)
In a tort cause of action, the person who violates tort laws is called a
tortfeasor.
The party that has suffered the tortious injury may then be entitled to receive
damages if they succeed in court.
Damages usually take the form of monetary compensation for the injuries that
the victim has received.
Tort laws define what types of legal injuries may be claimed in a civil court.
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Tort injuries are not limited to physical harm- they may also include economic,
emotional, or even injuries to ones reputation.
A person may also recover damages for violations of rights, such as property,
privacy, or constitutional rights.
Thus, civil tort claims can form the basis for a very wide variety of legal claims.
Types of Tort
Civil tort claims may be classified into three basic categories: Intentional torts,
negligence, and strict liability torts.
1. Intentional torts
An intentional tort occurs where the tortfeasor acts knowingly and wilfully to
injure the victim.
Intentional tort is a civil wrong that occurs when the wrongdoer engages in
intentional conduct that results in damages to another.
Striking another person in a fight is an intentional act that would be the tort of
battery.
. Negligence
3. Strict liability
Generally, liability because of a tort only arises where the defendant either
intended to cause harm to the plaintiff or in situations where the
defendant is negligent. However, in some areas, liability can arise even
when there is no intention to cause harm or negligence.
Strict Liability occurs where the tortfeasor becomes liable even if they did
not act intentionally or breach a duty of care
The Intentional Torts (: any intentional acts that are reasonably foreseeable to
cause harm to an individual, and that do so )
Misuse of legal procedure: Bringing of legal action with malice and without
probable cause.
Negligent behavior towards others gives them rights to be compensated for the
harm to their body, property, mental well-being, financial status or relationship
Principles of Negligence
Donoghue v Stevenson (Case)
A friend of Mrs Donoghue ordered an opaque bottle of ginger beer (intended for
the consumption of Mrs Donoghue) in a caf in Paisley. Having consumed half of
it, Mrs Donoghue poured the remainder into a tumbler. The decomposing
remains of a snail floated out. She claimed to have suffered from shock, fell ill
with gastroenteritis and sued the manufacturer for carelessly allowing the drink
to be contaminated. The House of Lords decided that the manufacturer was
liable for Mrs Donoghue's illness. Lord Atkin took a distinctly moral approach,
and said,
The liability for negligence ... is no doubt based upon a general public sentiment
of moral wrongdoing for which the offender must pay ... The rule that you are to
love your neighbour becomes in law, you must not injure your neighbour; and
the lawyer's question, Who is my neighbour? receives a restricted reply. You
must take reasonable care to avoid acts or omissions which you can reasonably
foresee would be likely to injure your neighbour.
Breach of Duty the reasonable person test. (not equal to logical, normal or
average)
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Proximate Cause without breach the result would not have occurred. (not
equal to actual cause)
Types of Tort
Strict Liability
In law, strict liability is a standard for liability which may exist in either a
criminal or civil context.
A rule specifying strict liability makes a person legally responsible for the
damage and loss caused by his or her acts and omissions regardless of
culpability
Strict Liability
The doctrine of strict liability-Applies to ultra-hazardous activities that involve a great risk to people
and property.
-If the subcontractor makes a mistake, the contractor is strictly liable for
any damage that occurs.
Also, applies to product liability
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regardless of the fault for injuries to users of the product if a defect in one
of those machines.
Does not apply if company does not actively engage in the sale of that good.
Wrongful death statutes preserve the rights of third parties affected by the
death of a person to bring a lawsuit.
Punitive damages relate to gross negligence and reckless disregard goes beyond
compensation and allows the plaintiff to attack company profits.
Trespass is an area of tort law broadly divided into three groups: trespass to the
person, trespass to chattels and trespass to land.
Trespass to land, the form of trespass most associated with the term trespass,
refers to the "wrongful interference with one's possessory rights in [real]
property
Vicarious liability is a form of strict, secondary liability that arises under the
common law doctrine of agency respondeat superior the responsibility of the
superior for the acts of their subordinate, or, in a broader sense, the
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responsibility of any third party that had the "right, ability or duty to control" the
activities of a violator.
-Parent and child,
-Owner of a vehicle and driver, and
-Employer and employee.
Employers are vicariously liable, under the respondent superior doctrine, for
negligent acts or omissions by their employees in the course of employment
Employers are also liable under the common law principle represented in the
Latin phrase, "qui facit per alium facit per se", i.e. the one who acts through
another, acts in his or her own interests.
In the United States, the question of parental responsibility generally and the
issue of parental vicarious liability for the torts of their children is evolving.
What is clear is that parents can be held liable for their own negligent acts, such
as failure to supervise a child, or failure to keep a dangerous instrument such as
a handgun outside the reach of their children
In English law, a corporation can only act through its employees and agents so it
is necessary to decide in which circumstances the law of agency or vicarious
liability will apply to hold the corporation liable in tort for the frauds of its
directors or senior officers.
If liability for the particular tort requires a state of mind, then to be liable, the
director or senior officer must have that state of mind and it must be attributed
to the company
Vicarious Liability:
Employers' indemnity
The principle of vicarious liability can also be bypassed with a legal instrument
known as Employers' indemnity. When an employer is successfully sued, they
have the option of suing the tortfeasor for an indemnity to recover the damages
back
Non-vicarious liability
Non-vicarious liability for the acts of third parties is distinguishable from the
traditional doctrine of vicarious liability insofar as it relates to a form of primary
liability predicated upon the personal fault of the defendant.
the entrenched common law rules against liability for omissions and liability for
the acts of others.
Tort actions
The basic principle of the tort system is that whoever is at fault for
causing an injury must pay the costs for negligent or irresponsible
behavior.
Defenses to Negligence
Contributory Negligence
If only one party is responsible for the whole incident, then he or she pays
all of the costs. Multiple tort-feasors can be required to share the costs,
based on their portion of the fault, as determined by the judge or jury.
Comparative Negligence
If the plaintiff's responsibility is shared with others, his or her liability is
compared to each of the defendant's and damage awards may be reduced
proportionately.
Damages in Negligence
Economic damage
compensation for the actual and estimated costs of present and future
medical care, loss of income or earning capacity, harm to reputation, and
damage or loss of property.
Noneconomic damages
can include awards for pain and suffering- mental distress, worry or
emotional anguish of the injured individual embarrassment or humiliation,
loss of enjoyment of the normal activities benefits and pleasures of life,
loss of well being or bodily function, and the loss of society consortium
companionship and affection suffered by the family of a person who is
severely injured or dies as a result of a tortuous act.
Punitive damages
may be awarded to the victim but are intended to serve as punishment to
the party at fault and to deter similar future wrongdoing by the guilty
party and others in similar situations.
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Tort law is one of the major areas of law (along with contract, real property and
criminal law) and results in more civil litigation than any other category.
There is some overlap between criminal law and tort, since tort, a private action,
used to be used more than criminal laws in the past. For example,
in English law an assault is both a crime and a tort (a form of trespass to
the person).
Many jurisdictions, especially the US, retain punitive elements in tort
damages, for example in anti-trust and consumer-related torts
Some intentional torts may also be crimes, such as assault, battery, wrongful
death, fraud, conversion (a euphemism for theft) and trespass on property and
form the basis for a lawsuit for damages by the injured party.
in English law an assault is both a crime and a tort (a form of trespass to the
person).
A tort allows a person, usually the victim, to obtain a remedy that serves their
own purposes (the payment of damages to a person injured in a car accident, or
the obtaining of injunctive relief to stop a person interfering with their business).
Criminal actions on the other hand are pursued not to obtain remedies to assist
a person although often criminal courts do have power to grant such
remedies but to remove their liberty on the state's behalf.
The more severe penalties available in criminal law also means that it requires a
higher burden of proof to be discharged than the related tort.
Many jurisdictions, especially the US, retain punitive elements in tort damages,
for example in anti-trust and consumer-related torts, making tort blur the line
with criminal acts.
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Also there are situations where, particularly if the defendant ignores the orders
of the court, a plaintiff can obtain a punitive remedy against the defendant,
including imprisonment.
Some torts may have a public element for example, public nuisance and
sometimes actions in tort will be brought by a public body.
Also, while criminal law is primarily punitive, many jurisdictions have developed
forms of monetary compensation or restitution which criminal courts can directly
order the defendant to pay to the victim.
Difference Between Criminal Law and Tort Law
The main difference between a criminal law and civil law has to do with the type
of punishment involved.
Criminal offenses may lead to incarceration in a jail or prison facility.
However, for civil violations such as torts, the person may not be
incarcerated. The punishment will have to take the form of monetary
damages, or an injunction (a court order requiring the person to cease
their violations).
Also, criminal offenses are handled by prosecutors who are employed by
the state.
This means that criminal offenses are often associated with a variety of
protections for the defendant to prevent abuses by the state.
Some examples of these protections are search and seizure provisions and
issues with evidence. Many of these protections are not available in a civil
claim.
There are some legal actions that mix elements of contracts and torts
so thoroughly that we can't separate them.
In the case of torts, the duty comes from general laws or customs.
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Assignment
the conflict of laws rules are different for contract and tort
Damages
Conflict of laws
you can assign a debt but you cannot assign a right of action in
tort
Limitation of actions
although both contract and tort claims basically have the same
limitation period, there are important differences regarding the
time from which the cause of action accrues
The main differences between contract and tort are:
Duties in tort are determined by the law - duties in contract are chiefly
determined by the parties.
i.e. you choose to be bound under a contract but you cannot
choose whether or not to be bound under the law.
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Engineering Design
The profession of civil engineer is- the art of directing the great sources of
power in nature for the use and convenience of human (ICE Charter)
The Engineering Design Process is a series of steps that engineers use to guide
them as they solve problems.
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While having a guide is useful for novices who are learning about engineering, it
is important to note that practicing engineers do not adhere to a rigid step-bystep interpretation of the process. Rather there are as many variations of the
model as there are engineers.
The Engineering Design Process is cyclical and can begin at any step, or move
back and forth between steps numerous times. In real life, engineers often work
on just one or two steps and then pass along their work to another team.
Design Problem
What distinguishes design from other types of problem solving is the nature of
both the problem and the solution.
Design problems are open ended (have more than one correct solution) in
nature.
While implementing the solution to a design problem, you may discover that the
solution you've developed is unsafe, too expensive, or will not work. You then
"go back to the drawing board" and modify the solution until it meets your
requirements.
Since design problems are usually defined more vaguely and have a multitude of
They are the result of bringing together technologies to meet human needs or to
solve problems.
1 Research
2 Feasibility
3 Conceptualization
5 Preliminary design
6 Detailed design
8 Production
General Aspects of
Engineering Design
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ASK
What is the problem?
What have others done?
What are the constraints?
IMAGINE
What are some solutions?
Brainstorm ideas.
Choose the best one.
PLAN
Draw a diagram.
Make lists of materials you will need.
CREATE
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IMPROVE
Talk about what works, what doesn't, and what could work better.
Modify your designs to make it better.
Test it out!
After you improve your design one, you may want to begin the
Engineering Design Process all over again to refine your technology. Or
you may want to focus on one step. The Engineering Design Process can
be used again and again!
Design Firms
Recognized by state licensing statutes
Individual professional licensed
Employer must be registered
Sole proprietorships, partnerships, limited liability companies,
corporations, etc.
Design contracts
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Construction Contracts
Two-Party system
Three-party system
BOT
BOO, etc.
Professional
negligence and
Professional
Negligence
Designers
duties
Professional Negligence:
Engineering
Builders and Architects maintain a duty of care with owners and tenants to
ensure that the building they erect will adhere to government regulations and
common practices for the construction of buildings.
An Engineer/ Architect undertaking any work in the way of his profession accepts
the ordinary liabilities of any man who follows a skilled calling.
He is bound to exercise due care, skill and diligence. He is not required to have
an extraordinary degree of skill and diligence. But he must bring to the task that
he undertakes the competence and skill that is usual among architects
practising their profession. And he must use due care.
If he fails in these matters and the person who employed him suffers damage,
he is liable to that person. This liability can be said to arise either from a breach
of contract or in tort.
Pre-design
Negligence in Survey
Geotechnical investigation, etc.
Design
Marginal designs/ Over design
Design Calculation
Service delivery
Advising client
Statutory consent/permit
Supply information
Supervision
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Actions for professional malpractice may allege a host of claims, theories and
causes of action. At their core, however, these actions are suits for negligent
performance of professional responsibilities, i.e., breach of the standard of care.
Design firms frequently do not fully understand the legal or professional duties
that arise from these sources and, consequently, do not properly address them
in their contracts.
STATUTORY DUTIES- Stated by various statutory provisions of the state Planning, Design, Supervision
To safeguard the interest of the Employer, the designer shall have the following
General Duties To advise and consult with the employer as to any limitation of Land,
Legislation, Restrictive Covenants, Rights of Adjoining Owners and Public
To Examine the Site, Sub-soil and Surroundings.
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Site Investigation
Feasibility Studies
Cost Estimates
Recommending builders
Administration of contract
Supervision
Clerk of works
Certification
Detection of Defects
It is the designers duty to translate the owners needs and requirements into
drawings and specifications to be used during construction.
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During the construction phase, the architect may assist the owner with such
services as monitoring the progress of the work, verifying the specified level of
quality is being achieved, and certifying payment applications.
Negligent Misstatement
Delegation
Issues
Contract
Design responsibilities
Quite apart from the aesthetic designs of a building, the design responsibilities
of an architect can extend to specifications, selection of finishes choice of
construction techniques.
He must exercise skill and care in the execution of his designs and in the choice
and specification of materials.
engages specialist(s) directly and pays fee to the specialist from the
designers own
obtains a design, usually free of charge, from a sub contractor who usually
later becomes a nominated sub contractor
A good manager needs to get the work done through others. This is the best way
to accomplish more every day.
You should make sure you know exactly what needs to be accomplished before
you give the task to someone else.
Some managers make the mistake to not delegate because they think that if
they hold all of the cards, they are indispensable.
On the contrary, you are more indispensable when you show your leadership
skills by delegating.
You are more likely to get praised or even promoted when you show your
leadership skills, and not because you know something that someone else
doesnt know.
Delegation is one of the most important management skills. These logical rules
and techniques will help you to delegate well (and will help you to help your
manager when you are being delegated a task or new responsibility - delegation
is a two-way process!).
Good delegation saves you time, develops you people, grooms a successor, and
motivates. Poor delegation will cause you frustration, demotivates and confuses
the other person, and fails to achieve the task or purpose itself.
So it's a management skill that's worth improving. Here are the simple steps to
follow if you want to get delegation right, with different levels of delegation
freedom that you can offer.
Delegation is a very helpful aid for succession planning, personal development and seeking and encouraging promotion. It's how we grow in the job - delegation
enables us to gain experience to take on higher responsibilities
A simple delegation rule is the SMART acronym, or better still, SMARTER. It's a
quick checklist for proper delegation.
Specific
Measurable
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Agreed
Realistic
Time bound
Ethical
Recorded
Agree deadlines
Feedback on results
Delegation of Authority
Delegation does not mean surrender of authority by the higher level manager. It
only means transfer of certain responsibilities to subordinates and giving them
the necessary authority, which is necessary to discharge the responsibility
properly.
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Delegation is a tool, which a superior manager uses for sharing his work with the
subordinates and thereby raising his efficiency.
Delegation is not a process of abdication. The person who delegates does not
divorce himself from the responsibility and authority with which he is entrusted.
He remains accountable for the overall performance and also for the
performance of his subordinates.
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LoL is a contractual clause between a design professional and their client that
limits the damages recoverable by the client from the design professional.
It is not applicable in a third party injury case a pedestrian hit by glass that
falls out of the building or a job site injured worker. The claims of these nonsignatories to the design contract are not affected by the Limitation of Liability
clause.
Generally, well written clauses have been upheld. However, it is a state by state
issue and analysis of the law applicable to the design contract is essential.
Basic Requirements of LoL Clause
1. Protect individual professionals and employees in addition to the firm.
2. Some form of monetary limitation.
3. Broad description of claims limited.
Common Options for a Monetary Limitation
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What kind of reasons are expressed when these clauses are not
enforced?
a. Licensing Laws
b. Anti-indemnity statutes
c. Public Policy
Limitation of Liability To the fullest extent permitted by law, the total liability in
the aggregate of PLI and PLIs officers, directors, employees, agents, and
independent professional associates, and any of them to CLIENT and any one
claiming by, through, or under Client, for any and all injuries, claims, losses,
expenses, or damages whatsoever arising out of or in any way related to PLIs
services, the project, or this Agreement, from any cause or causes whatsoever,
including but not limited to, the negligence, errors, omissions, strict liability,
breach of contract, misrepresentation, or breach of warrant of PLI or PLIs
officers, directors, employees, agents or independent professional associates, or
any of them, shall not exceed the total compensation received by PLI under the
Agreement, or the total amount of $50,000, whichever is greater In the event
the CLIENT is unwilling to limit PLIs liability as set forth above, this limitation
may be waived for additional fee consideration.
If a party is confident that the damages for an error are limited, the
party is less likely to ensure that those errors do not occur.
Limitation of Liability
Limitation of liability
1. By contract agreement (Exclusion clauses)
2. By insurance
3. By working in partnership
4. By establishment of limited company
5. By Risk management
-Possibility of minimizing a claim
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LoL: By Contract
Agreement
Risk Analysis
Sources of risk
The project
The Client
Risk Assessment
Probability and impact
Risk Response
Manement
1. Acceptance
2. Mitigation
3. Allocation
4. Transfer
5. Avoidance
Limiting Risk of
Delegating design
duty
Training
Peer Review
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Pokhara University
Nepal Engineering College
Centre for the Post Graduate Studies
Assignment
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Submitted By:
S.B. Tamang
CRN-025
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