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406mt2 PDF
406mt2 PDF
2
b) Defendant
breached
duty
through
action
of
inaction
below
standard
of
care.
c) Defendant’s
breach
caused
injury
to
plaintiff.
d) Defendant’s
breach
of
the
standard
of
care
was
an
intentional
act
as
defined
under
common
law.
e) Options
a,
b,
c,
and
d
are
all
essential
elements
of
negligence.
9)
A
contract
must
be
signed
in
order
to
be
binding.
a) True
b) False
10)
You
offer
to
paint
your
neighbour’s
house
for
free
and
send
an
email
stating
so
via
email.
Four
weeks
pass
and
you
change
your
mind.
Your
neighbour
then
sues
you.
A
judge
will
not
enforce
the
contract
because
a) you
are
not
a
registered
business.
b) you
did
not
sign
a
contract.
c) four
weeks
exceeds
the
maximum
idle-‐time
associated
with
a
contract.
d) there
was
no
mutual
consideration.
e) labour
issues
must
be
settled
via
the
Workers
Compensation
Board.
11)
Legally
speaking,
persons
are
a) humans.
b) corporations.
c) banks.
d) All
of
the
above
e) None
of
the
above
12)
With
regard
to
business
structures,
a) a
corporations
provides
limited
liability.
b) a
corporation
provides
unlimited
liability.
c) a
sole
proprietorship
provides
limited
liability.
d) a
partnership
provides
limited
liability.
e) both
a
sole
proprietorship
and
a
corporation
provide
limited
liability.
13)
In
a
partnership,
all
profits
and
losses
must
be
shared
equally.
a) True
b) False
14)
Generally
speaking,
the
type
of
business
structure
that
has
the
easiest
time
raising
capital
is
a) a
sole
proprietorship.
b) a
partnership.
c) a
corporation.
d) all
of
the
above
are
just
as
effective.
15)
Which
of
the
following
oversee
the
day-‐to-‐day
management
of
a
corporation?
a) The
shareholders
b) The
directors
c) The
officers
d) The
board
of
governors
e) APEGBC
16)
The
disadvantage(s)
of
an
asset
deal
is/are
a) Limits
assumed
liabilities.
b) Results
in
higher
accounting
costs.
c) May
exclude
assets
difficult
to
define.
d) Both
a
and
b.
e) Both
b
and
c.
17)
Constructive
dismissal
is
a) a
change
in
a
fundamental
term
of
employment.
b) providing
adequate
notice
when
terminating
an
employee.
c) a
provision
under
the
Human
Rights
Tribunal
concerning
discrimination.
d) the
process
of
providing
feedback
to
an
employee
who
you
want
to
fire.
e) a
term
in
a
collective
agreement
primarily,
but
not
always,
associated
with
a
unionized
workplace.
3
18)
One
act
of
incompetence
is
enough
to
be
used
as
just
cause
for
termination.
a) True
b) False
19)
Which
of
the
below
is
NOT
one
of
the
four
main
Employment
Statues?
a) Labour
Relations
Code
b) Ethnic
Diversity
Code
c) Human
Rights
Code
d) Employment
Standards
Act
e) Workers
Compensation
Act
20)
Under
the
Common
Law,
reasonable
notice
is
defined
a) as
1
month
per
year
of
service.
b) as
2
weeks
per
year
of
service.
c) as
a
minimum
of
1
month.
d) individually
for
each
employee.
e) as
twice
the
employees
vacation
time.
21)
The
upper
limit
for
reasonable
notice
of
termination
is
a) 6
months.
b) 9
months.
c) 12
months.
d) 19
months.
e) 24
months.
22)
Which
form(s)
of
intellectual
property
grants
a
monopoly?
a) patents.
b) patents
and
copyrights.
c) Patents
and
trade-‐secrets.
d) Copyrights
and
trade-‐secrets.
e) Patents,
copyrights,
and
trade-‐secrets.
23)
Under
copyright
law,
Computer
Aided
Design
(CAD)
files
are
considered
a) literary
works.
b) dramatic
works.
c) musical
works.
d) artistic
works.
e) scientific
works.
24)
Ideally,
a
trademark
should
be
a) a
noun.
b) a
verb.
c) an
adjective.
d) an
adverb.
e) a
preposition.
25)
Canadian
copyright
law
protects
a
work
for
a) the
lifetime
of
the
author.
b) twenty
years.
c) fifty
years.
d) the
lifetime
of
the
author
plus
twenty
years.
e) the
lifetime
of
the
author
plus
fifty
years.
26)
In
Canada,
the
lifetime
of
a
patent
is
a) the
lifetime
of
the
inventor.
b) twenty
years.
c) fifty
years.
d) the
lifetime
of
the
inventor
plus
twenty
years.
e) the
lifetime
of
the
inventor
plus
fifty
years.
4
27)
What
criteria
must
be
met
for
a
patent
to
be
granted
a) New
and
Useful
b) New,
Useful,
and
Not
Obvious.
c) New,
Innovative,
and
Useful.
d) Novel,
New,
and
Useful.
e) New,
Innovative,
and
Not
Obvious.
28)
Moral
rights
are
a) a
subset
of
patent
law.
b) a
subset
of
copyright
law.
c) a
term
in
employment
law.
d) a
duty
of
a
partner
to
another
partner.
e) part
of
the
Solomon
Problem.
29)
The
three
types
of
primary
energy
are
a) nuclear,
electricity,
and
hydrogen.
b) nuclear,
fossil
fuels,
and
electricity.
c) fossil
fuels,
electricity,
and
hydrocarbons.
d) nuclear,
fossil
fuels,
and
renewables.
e) Nuclear,
fossils
fuels,
and
hydrogen.
30)
The
three
elements
of
the
triple
top
line
are
a) Ecology,
environment,
and
economy.
b) Ecology,
equity,
and
society.
c) Ecology,
equity,
and
economy.
d) Environment,
Society,
and
Equity.
e) Society,
Equity,
and
Economy.
31)
The
two
classical
virtues
associated
with
emotions
are
a) prudence
and
temperance.
b) justice
and
temperance.
c) temperance
and
fortitude.
d) fortitude
and
prudence.
e) fortitude
and
justice.
32)
Of
the
four
classical
virtues,
which
one
is
ranked
the
highest?
a) Prudence
b) Justice
c) Temperance
d) Fortitude
33)
The
textbook
defines
a
simple
model
of
the
psyche.
Which
element
is
not
part
of
the
book’s
definition?
a) Emotions
b) Mind
c) Will
d) Decision
34)
As
defined
by
the
textbook,
which
of
the
below
IS
a
factor
that
limits
moral
responsibility?
a) Lack
of
Responsibility
b) Lack
of
Knowledge
c) Lack
of
Disapproval
d) Lack
of
Trust
e) All
of
the
above.
35)
Agency,
contract,
and
paternalism
are
all
models
of
relationship
dealing
with
a) shareholders
within
a
company.
b) teachers
and
students.
c) managers
with
employees.
d) engineers
and
clients.
e) parents
and
their
children.
5
36)
Immediate
material
cooperation
is
when
a) we
disapprove
of
the
injustice
another
is
doing,
and
our
action
can
be
considered
neutral.
b) we
disapprove
of
the
injustice
another
is
doing,
and
our
actions
provides
something
for
the
injustice
to
occur.
c) we
approve
of
the
injustice
another
is
doing,
and
our
action
can
be
considered
neutral.
d) we
approve
of
the
injustice
another
is
doing,
and
our
actions
provides
something
for
the
injustice
to
occur.
e) We
approve
of
the
injustice
another
is
doing,
and
actively
aid
in
the
action.
37)
Casuistry
is
a) an
ethical
theory
where
an
individual
makes
decisions
that
promotes
his
or
her
own
good.
b) a
decision
making
process
that
emphasizes
intuition
over
rational
thought.
c) a
procedure
for
determining
the
maximum
benefit
of
an
action.
d) a
method
of
assessing
an
action
by
comparing
it
against
two
paradigm
actions.
e) a
guideline
for
ranking
conflicting
duties.
38)
When
analyzing
risk,
typically,
an
engineer
will
NOT
consider
which
of
the
following
a) Expected
probability.
b) Proximity
to
self.
c) Threshold
level
of
risk.
d) Reversibility
of
effects.
e) Short-‐term
versus
long-‐term.
39)
The
ValuJet
case
shows
an
example
of
a
a) random
error.
b) programming
error.
c) procedural
error.
d) hardware
error.
e) systemic
error.
40)
Which
of
the
following
is
NOT
one
of
the
four
criteria
for
whistleblowing
discussed
in
class?
a) Need
b) Proximity
c) Capability
d) Last
Resort
e) Legal
Capacity
6
CASE
STUDY
(60
marks)
Tom
and
Sarah,
both
professional
engineers,
graduated
from
SFU
Engineering
Science,
where
they
became
good
friends.
Tom
works
for
BarrellMax,
a
company
that
manufacturers
plastic
barrels.
He
is
in
charge
of
the
quality
assurance
department
that
analyzes
and
ranks
each
batch
of
barrels.
Those
barrels
that
receive
high
scores
are
used
for
applications
where
hazardous
chemicals
are
involved,
such
as
pesticide
containment;
barrels
that
score
lower
are
used
for
rain
barrels
and
other
benign
applications.
Barrels
that
are
ranked
higher
cost
significantly
more
than
those
with
lower
scores.
Sarah
works
for
Pestachem,
a
company
that
produces
herbicides
and
pesticides.
The
process
of
making
these
products
results
in
many
gallons
of
residual
waste
that
must
be
safely
contained.
Pestachem
is
currently
using
BarrellMax’s
barrels
for
this
containment;
however,
increasing
competition
has
resulted
in
pressure
to
reduce
costs.
Pestachem
starts
ordering
BarrellMax’s
cheaper
barrels,
which
are
not
suitable
for
chemical
containment.
Being
suspicious,
Tom
asks
Sarah
what
is
going
on
at
Pestachem.
Sarah
states
that
the
company
decided
to
use
the
cheaper
barrels
for
the
chemical
containment.
She
says
she
warned
them
that
this
posed
a
significant
risk
to
the
public,
but
her
manager
stated
that
the
probability
of
an
accident
was
low,
and
that
the
company
would
switch
back
to
the
new
barrels
once
pressure
to
cut
costs
was
gone.
Tom
is
very
concerned
with
this
decision,
so
he
approaches
his
manager
to
enquire
about
the
change
in
barrel
type
by
Pestachem.
The
manager
says
other
companies
can
order
what
ever
they
want.
Although
he,
too,
is
suspicious,
he
doesn’t
want
to
probe
too
deeply
in
fear
that
Pestachem
will
change
suppliers.
Tom
knows
he
should
do
something,
but
he
fears
that,
if
he
presses
this
issue
further,
Sarah
may
be
in
trouble
for
giving
out
information
to
him,
and
she
may
be
fired
from
Pestachem.
Answer the questions below. Keep your answers as concise as possible; do not feel
compelled to fill in the entire space provided. Justify all answers. Write legibly.
7
A)
What
legal
issues
are
associated
with
this
case?
(10
marks)
ANSWER:
• Given
that
the
case
deals
with
containment
of
chemicals,
Pestachem
may
be
violating
statues
regarding
chemical
handling
and
disposal.
• Even
if
there
are
no
statutes,
the
industry
probably
has
its
own
standard
of
care;
therefore,
Pestachem
may
be
breaching
their
duty
of
care
that
they
owe
their
neighbours
(general
public).
• The
Workers
Compensation
Board
requires
a
safe
working
environment,
and
using
sub-‐standard
barrels
may
be
causing
an
unsafe
working
environment.
• Sarah
gave
out
company
information,
so
this
violates
her
duty
to
them
and
most
likely
explicitly
violates
clauses
in
her
employment
contract.
• Tom
now
knows
of
a
safety
problem
and
he
has
a
duty
to
warn.
8
B)
Is
Tom
in
a
conflict
of
interest?
Explain.
(10
marks)
ANSWER:
COI
is
defined
as
“professional
opinion/discretion
is
(or
could
be)
compromised
by
personal
gain/benefit”.
Yes,
Tom
is
in
a
conflict
of
interest.
He
knows
there’s
a
safety
issue,
but
his
friendship
with
Sarah
may
get
in
the
way
of
him
acting
appropriately.
His
friendship
with
Sarah
has
worth,
and
not
jeopardizing
the
friendship
can
be
viewed
as
a
personal
benefit
to
Tom.
Moreover,
Tom’s
current
situation
is
a
result
of
his
compromised
professional
judgment.
I
doubt
he
would
have
covertly
asked
for
Pestachem’s
barrel
handling
practices
from
anyone
else
at
Pestachem.
As
a
result
of
his
own
action,
Tom
placed
himself
in
the
conflict
of
interest,
which
clearly
violates
tenet
four
of
the
code
of
ethics.
Additionally,
Tom
pursuing
Pestachem’s
action
further
could
result
in
a
loss
of
business
for
BarellMax,
and
it
could
also
put
him
at
odds
with
his
manager.
Therefore,
Tom’s
duty
to
the
public
may
be
compromised
when
he
considers
the
ramifications
for
his
company
and
himself.
In
summary,
the
potential
risk
to
public
and
worker
safety
is
clearly
a
concern
(tenet
1
of
code
of
ethics);
however,
Tom’s
relationship
with
Sarah
and
possible
ramifications
for
his
company
may
keep
him
from
acting.
9
C)
How
does
the
APEGBC
code
of
ethics
apply
in
this
case?
(10
marks)
ANSWER:
Tenet
1:
Hold
paramount
the
safety,
health
and
welfare
of
the
public,
the
protection
of
the
environment
and
the
promotion
of
health
and
safety
within
the
workplace.
Clearly,
Pestachem’s
practices
have
a
potential
to
harm
the
environment,
the
general
public,
and
the
safety
of
the
workplace
environment.
Tenet
2:
Undertake,
and
accept
responsibility
for,
professional
assignments
only
when
qualified
by
training
or
experience.
Tom
is
in
charge
of
quality
assurance,
so
he
is
qualified
with
regards
to
barrels
and
their
appropriate
uses.
Sarah
is
at
Pestachem,
and
nothing
in
the
case
write-‐up
suggests
that
she
is
unqualified.
This
code
could
be
violated
if
we
consider
Tom
and
Sarah
entering
into
a
professional
conversation
in
an
inappropriate
matter.
If
we
consider
this
interaction
as
a
managerial
discussion,
then
they
are
undertaking
a
professional
assignment
without
the
necessary
experience.
Tenet
3:
Provide
an
opinion
on
a
professional
subject
only
when
it
is
founded
upon
adequate
knowledge
and
honest
conviction.
Both
Tom
and
Sarah
are
acting
with
honest
conviction:
they
truly
believe
that
there
is
a
potential
safety
problem.
From
the
write-‐up,
we
can
only
assume
whether
or
not
Sarah
has
adequate
knowledge.
Tom
seems
like
he
is
trying
to
find
out
more
info,
and
the
manager
at
BarrellMax
seems
willingly
ignorant
in
order
to
avoid
having
to
provide
a
professional
opinion.
Tenet
4:
Act
as
faithful
agents
of
their
clients
or
employers,
maintain
confidentiality
and
avoid
conflicts
of
interest
but,
where
such
conflict
arises,
fully
disclose
the
circumstances
without
delay
to
the
employer
or
client.
By
providing
company
information
to
Tom,
Sarah
is
clearly
violating
her
duty
to
be
a
faithful
agent
to
her
employer.
As
discussed
before,
Tom
entered
into
a
conflict
of
interest
when
he
asked
Sarah
for
this
information;
this
action
also
shows
that
to
wasn’t
a
faithful
employee
to
his
employer
because
he
is
not
following
the
proper
chain
of
command.
Tenet
7:
Conduct
themselves
with
fairness,
courtesy
and
good
faith
with
respect
to
clients,
colleagues
and
others;
give
credit
where
it
is
due;
and
accept,
as
well
as
provide,
honest
and
fair
professional
comments.
Tom
has
good
intentions
(protecting
public
safety);
however,
asking
Sarah
for
confidential
information
is
not
courteous
or
fair.
Tenet
8:
Clearly
present
to
employers
and
clients
the
possible
consequences
of
overruled
or
disregarded
professional
decisions
or
judgments.
From
the
case
write-‐up,
we
know
Sarah
stated
her
objections
to
her
company,
but
we
do
not
know
the
extent
to
which
she
objected.
Similarly,
Tom
approached
his
manager,
but
he
did
not
stress
the
importance
of
the
safety
issue
nor
what
he
would
do
if
the
manager
did
not
listen.
10
Tenet
9:
Report
to
the
Association,
or
other
appropriate
agencies,
any
hazardous,
illegal
or
unethical
professional
decisions
or
practices
made
by
engineers,
geoscientists
or
others.
This
tenet
falls
under
whistle
blowing,
and
it
is
examined
further
later.
Note
that
this
tenet
must
be
examined
in
context
with
the
other
tenets.
And,
by
virtues
ethics,
Tom’s
actions
need
to
be
a
golden
mean.
11
D)
How
do
the
virtues
and
types
of
cooperation
apply
to
this
case?
(10
marks)
Prudence:
forethought
and
practicality
Tom
sees
a
potential
threat
to
public
safety,
so
he
knows
he
must
act.
Unfortunately,
he
did
not
consider
that
asking
Sarah
for
information
would
put
him
in
a
conflict
of
interest.
So
one
hand,
Tom
exhibited
forethought
–
his
concern
for
public
safety
–
but,
on
the
other
hand,
he
seems
to
have
not
fully
consider
his
action.
Sarah
seems
to
have
easily
given
the
information,
so
she
seems
to
lack
forethought.
Tom’s
manager
doesn’t
seem
to
want
to
even
consider
the
matter,
which
is
not
very
prudent.
Temperance
and
Fortitude
Tom
seems
to
have
approached
Sarah
for
information
because
he
wanted
an
answer
right
away.
He
lacked
the
temperance
to
control
his
desire
for
a
quick
answer.
Although
asking
for
information
seems
like
fortitude,
he
may
have
just
want
to
alleviate
his
own
duty
to
warn
by
placing
Sarah
in
his
position.
Tom’s
manager
seems
to
lack
fortitude;
as
mentioned,
he
seems
to
want
to
be
ignorant
of
the
issue
so
he
does
not
have
to
act.
Justice:
truth
and
fairness
Clearly,
violating
tenet
1
of
the
APEGBC
code
of
ethics
is
not
in
accordance
with
fairness.
Tom
and
Sarah
seem
concerned
with
this
aspect
of
justice,
but
they’re
method
of
interacting
with
each
other
is
not
fair
to
either
of
them
or
their
respective
companies.
Tom
and
Sarah
do
want
to
act
on
what
is
true:
substandard
barrels
are
unsafe.
Tom’s
manager
and
the
managers
and
Pestachem
seem
to
want
to
ignore
this
fact.
Types
of
cooperation
Tom
and
Sarah
do
not
agree
with
the
situation
that
his
happening,
so
this
lack
of
approval
removes
formal
cooperation.
As
for
mediate
and
immediate
cooperation,
one
could
argue
that
Tom
works
for
a
company
supplying
the
barrels,
so
this
is
provides
something
necessary
for
the
action
to
occur.
Additionally,
Sarah
works
for
Pestachem,
so
she
may
be
providing
something
necessary
as
well.
These
arguments
are
a
bit
of
a
stretch,
and,
most
likely,
Sarah
and
Tom
are
not
cooperating
at
all.
Arguably,
Tom’s
managers
actions
could
be
considered
immediate
material
cooperation.
He
disapproves
of
the
action,
but
he
is
in
a
position
where
he
is
knowingly
providing
something
for
the
evil
to
occur.
12
E)
Should
Tom
blow
the
whistle?
(Incorporate
the
four
criteria
for
whistleblowing
into
your
answer).
(10
marks)
To
determine
whether
Tom
should
blow
the
whistle,
we
need
to
exam
the
four
criteria
for
whistle
blowing:
need,
proximity,
capacity,
and
last
resort.
Need
–
clearly,
this
case
presents
a
safety
issue
to
the
public
and
possibly
to
the
workers
at
Pestachem.
APEGBC
tenet
one
clearly
states
that
safety
of
the
public
is
paramount;
however,
any
safety
issues
are
not
immenent.
Proximity
–
Tom
does
not
work
at
Pestachem,
so
he
has
heard
this
information
second
hand.
Although
this
criterion
is
not
fully
satisfied,
Sarah
is
his
good
friend,
and
he
does
believe
what
she
says.
Given
that
he
trusts
this
information,
he
will
need
to
take
steps
to
verify
it.
Capacity
–
As
the
person
in
charge
of
quality
assurance
of
the
barrels,
Tom
is
definitely
an
expert
in
their
use.
However,
the
misconduct
is
happening
at
Pestachem,
so
his
influence
at
that
company
is
questionable.
Last
resort
–
This
criterion
is
not
satisfied.
According
to
the
APEGBC
code
of
ethics
tenet
8,
Tom
would
need
to
tell
his
manager
that
he
is
willing
to
take
this
matter
further.
Because
the
four
criteria
for
whistleblowing
are
not
met,
Tom
should
not
blow
the
whistle.
Need
is
clearly
satisfied,
proximity
and
capacity
are
somewhat
fulfilled,
but
last
resort
is
not
satisfied.
13
F)
What
should
Tom
do
next?
Justify
your
answer.
(10
marks)
ANSWER:
Legally
and
ethically,
Tom
must
do
something;
inaction
is
not
an
option.
Considering
virtue
ethics,
he
needs
to
find
the
golden
mean
between
two
extremes:
do
nothing
and
risk
public
safety
and
blowing
the
whistle
and
getting
his
friend,
Sarah,
into
trouble.
As
stated
in
the
whistleblowing
analysis,
Tom’s
ability
to
effect
change
at
Pestachem
may
be
limited
because
he
works
at
BarrellMax.
Furthermore,
Tom
has
not
exhausted
all
options,
so
last
resort
is
not
fulfilled.
Tom’s
first
course
of
action
should
be
to
encourage
Sarah
to
work
within
Pestachem
to
stop
the
use
of
substandard
barrels.
The
case
description
does
not
state
the
lengths
to
which
she
went
to
persuade
her
manager.
If
her
manager
does
not
listen
to
her,
then
she
needs
to
warn
that
person
that
she
is
willing
to
go
to
her
manager’s
boss
(as
stated
in
tenet
8).
If
this
course
of
action
is
not
effective,
then
Tom
needs
to
talk
with
his
manager.
Similar
to
Sarah’s
case,
Tom
did
not
try
to
persuade
his
manager.
Although
he
broached
the
subject,
he
did
not
articulate
the
consequences
if
no
action
were
taken.
Tom
can
use
the
APEGBC
code
of
ethics
to
demonstrate
that
his
manager’s
apathy
towards
the
situation
is
not
professional.
Both
Tom
and
Sarah
need
to
remember
that
acknowledged,
internal
whistleblowing
is
preferred
to
anonymous,
external
whistleblowing.
Because
public
safety
is
paramount,
Sarah
or
Tom
may
be
in
a
position
where
whistleblowing
is
necessary,
but
they
do
have
several
actions,
as
stated
above,
that
they
need
to
try
before
whistleblowing.
14