UNIVERSITY OF ELDORET

BACHELOR OF ENGINEERING IN AGRICULTURAL AND BIOSYSTEMS

SENG 511-LAW ETHICS &PROFESSIONAL PRACTICE; (L/P-45/0); CF: 3.0; Y5 S2
Learning Objectives. The purpose of this course is to: -
• Introduce students to the techniques of scientific investigation and valid augment
• Provide students with what is expected of engineers in work place and challenges
• Provide students with information on registration with engineering professional bodies
• Introduce students to various types of laws and obligations in the engineering field.
Expected Learning Outcomes; Upon completion of this course the student will be able to:
• Explain the role of engineers, technologist and draftsman ship in engineering work
• Know the important of engineering profession in national building
• Familiarisation with organization of symposium and elements it composes of
• Familiarisation with risk and challenges involved in engineering and
• Role of professional bodies and registration formalities
• Describe the legal environment within which an engineer operates;
Instructional Materials and /or Equipment’s
Physical classes (Overhead projector/ White board), Virtual Classes, and Lecture Notes
Course Assessment: CAT/Reports /Assignment – 30% and End Semester Examination – 70%
Instructor: V.N Kibiwot.Contacts:-Email; vkibiwot@egerton.ac.ke, TEL:0720258346
Core Reading Materials for the Course
• Purshouse, C. (2022). Essential Cases: Tort Law. Oxford University Press, ISBN: 9780191926396.
• Chen-Wishart, M. (2022). Contract Law. Oxford University Press, ISBN: 9780192848635.
• Haley, J.O. (Ed.). (2017). Comparative Contract Law. Edward Elgar Publishing,
• Furmston M., (2017) “Cheshire, Fifoot and Furmston’s “ Law of Contract” (17th Edn) London, Blokdyk,
G. (2018). Engineering Ethics Second Edition. 5starcooks, ISBN:9780655387428.
• Bowen, W.R.(2016). Engineering Ethics: Challenges and Opportunities. Springer International
• Pritchard, M., Harris, C., Jr, Rabins, M. J., James, R., & Englehardt, E. (2017). Engineering Ethics:
Concepts and Cases (6th ed.). Cengage Learning Custom Publishing,

Course Content.
1.0. INTRODUCTION.
Science, Engineering &Technology, Professional responsibility.CASE STUDY 1.
2.0: ENGINEER IN SOCIETY.
Introduction
Procedure for registration of engineers.
Engineers classification criteria i.e. Graduate Eng, Professional Eng, Practicing Eng.etc
Engineering Act 2011.
Roles of various types of engineering personnel.
 Role of EBK and other registration bodies.
Dublin, Lima, Seoul, Sydney Washington Accord 1989
CASE STUDY 2
3.0: LAW OF TORT
Introduction: Kenya constitution/Bill of Rights &Structure of Court, Common of Law.
Types of liability, Tort liability, Defenses of Tort.
4.0: INTELLECTUAL PROPERTY AND LAW.
Inventions and innovations, Patents, Copyrights and Trade marks
CASE STUDY 3 &4.
5.0: LAW OF CONTRACT
Introduction: Importance of contract, Conditions & documents of contract
Types of contract (Classification of contract)
Factors to be considered in preparing contract:
Rules of contract interpretation:
CASE STUDY 5
6.0: CONFLICT AND DISPUTE MANAGEMENT
5.2: Alternative dispute resolution.
5.3: Dispute Prevention.
5.4: Causes of Conflict in workplace.
5.5: Measures to reduce Conflict in Work place.
5.6: CASE STUDY 6.
7.0: FUTURE AND CONTEMPORARY ISSUES IN ENGINEERING
 1.0 INTRODUCTION:
This course has been designed for fifth year undergraduate students of Eldoret University pursuing a career
in BEng. Agriculture and Biosystems engineering. The course is designed for your insight to the practice
of the engineering profession during engagement within a company and by extension within society. There
are no pre-requisites for you to study this course.
As an engineer you will depend on established science and methods to ensure your innovative designs and
solutions are safe and reliable with considerable creativity.
Throughout the course you will learn the relevant knowledge and skills, for application in your own context
of service to society.
The aim of the course is to familiarize you with principles and practice of engineering in society. It does
this by first describing the functional role and responsibility of the engineer in society, which is to apply
scientific knowledge to create products.

The process of applying scientific knowledge requires you to know and be familiar with industrial safety
and the responsibility of employers and employees.
The teaching of the functions of engineering research, design and development is emphasized as most
effective if carried out by a team composed of the departments of design, manufacturing, quality testing
and marketing.
Lectures on ethics are presented as necessary to provide you with guidance in making ethical and
professionally thought through decisions.
You will learn how the technical problem-solving ability of engineering is enhanced by the organizational,
administrative and planning abilities of management to oversee operational performance.
Integration of the functions of research, design and development is carried out to help you understand their
significance in the growth of various industries.
Science, Engineering and Technology

Science is defined as a form human activity through which mankind acquires increasing and more accurate
knowledge and understanding of nature.

The investigative technique of science is called the scientific method and is based on gathering observable
empirical and measurable evidence.

Science relies on our senses of hearing, taste, sight, smell and touch to gather information. Instruments are
used to enhance ability to observe.

Engineering is defined as the application of scientific knowledge to the needs of society. It creates products
using scientific knowledge and technology. The achievements of science are always filtered through
engineering.

Engineering is basically a mind effort that goes into making a new product.
Engineers Board of Kenya (EBK) defines the engineer as that person who by virtue of training is able to
harness the resource of nature for the benefit of society guided by the principles of safety and economics

Technology is defined as the branch of knowledge that deals with the creation and use of technical means
and their interrelation with life, society and environment, drawing upon such subjects as industrial arts,
engineering, applied science and pure science.

Engineering is basically a mind effort that goes into making a new product e.g. cell phone. Technology is
the result of application of this effort. Clearly, the definitions of the terms overlap substantially, however
technology refers purely to results and engineering purely to process.

BSc./BEng. Training emphasizes theories and advanced concepts (Theory oriented). BSc./Bng. focuses
on the cross-disciplinary application of science and mathematics on structures, machines, systems and
processes. They deal with more advanced levels of applied science and mathematics applied to research,
design, analysis, develop of innovative approaches to solve problems in developmental and
manufacturing sectors. while Bachelor in Technology (Btec) degree emphasizes hands-on application and
implementation (skill oriented). Engineering technologists to use the principles and theories of science,
mathematics, and engineering; to solve technical problems in research, testing, product design,
manufacturing, sales, construction, quality control/inspection of products and processes, and maintenance

BSc or BEng. degree gives students opportunity to register as graduate engineer which prepares to enter
the workforce as professional engineers with skills in wide variety of discipline of industry like;
electrical, mechanical, agricultural, civil engineering etc.While, Btech offer a variety of disciplines in
technical education whose career interests are application/implementation of design and production.

fields such as production, design, manufacturing and operations. Some examples of real-

world challenges graduates with an Engineering Technology degree may explore include:

Exploring new technology skills of design for Consulting and development.

Research capabilities and implementation for current technologies

Some examples of real-world challenges graduates with a BSc Eng. may explore include:

Apply analysis and modeling to design engineering-based solutions

Identify emerging techniques, skills, methods and theories to solve Eng. Problems.

The degrees of Engineering Technology and Bachelor of Science in Engineering contain sometimes
overlap, but they also have important characteristics that make them unique.

What is the career path for a BIT versus a BSc. Engineering degree holder?

Students, who obtain a BSc. Eng., have knowledge about cross-disciplinary applications and processes.
They begin their careers as entry-level graduate engineers and progression to professional Engineer field
experience. In addition, entry-level engineers usually report to a supervisor or manager while developing,
testing and designing products that incorporate the use of a system, machine or structure.
BTec. Graduates are referred to as “technologists”. Their careers in entry-level positions may involve
design & application of engineering concepts/techniques. Projects include designing an automated
system or a programming language to optimize a process system. They work as members of the
engineering team focusing on implementation of technologies within the four fields of technical electives
that provide breadth of study.

Btec prepares student to manage people and projects as they grow in their career. Graduates are employed
in the areas of quality assurance, product/software support, applied design development, manufacturing
support. plant management, computerized process control, systems planning, process planning,
supervision and technical sales.

Problems associated with Engineering/industrial development;

1. Increase in greenhouse gas emissions, air and water pollution, growing volumes of waste, and
chemicals pollution which lead to global warming, health and environmental issues.

2. Inadequate power supply, management problems, lack of working capital, culture of business
investment, government policies

3. Social and cultural issues leading interference of the cultural fabrics and globalization of social evils.

4. Exploitation and inequitable distribution of wealth.

Industrialization leads to production of material or service products that contribute to an economy. A

factory is a building where the actual manufacturing of the product takes place.

In many cases, the terms factory and industry are used interchangeably, but the meaning of these words
are not the same. In fact, industry refers to the production of economic goods. These goods can be
materials, products or services. A factory, on the other hand, is the actual location where the materials or
products are produced or created.

Industry has a much bigger scope than just factories. Many developed countries and many developing or
semi-developed countries depend significantly on industry. There are four main sectors in industry –
primary, secondary, tertiary and quaternary;

➢ Primary sector involves the extraction of resources directly from the Earth. The resources do not
need to be processed. This includes farming, mining and logging.
➢ Secondary sector is involved in the processing of products from the primary industries. They
refine the resources into materials. This includes metal refining, producing furniture, meat
processing, etc.
➢ Tertiary sector is basically services. These are service providers, which do not include an actual
physical product, such as teachers, managers, etc.
➢ Quaternary sector is basically involved in the research of science and technology.

Industry is an abstract concept of which factories are a part of. A factory is an industrial building or a
complex of several buildings where laborers process or create the products. This is done either manually
or with the help of machines. Factories are also known as a manufacturer or a manufacturing plant. They
can also be warehouses, where the products are stored. Most modern factories contain heavy equipment
used for assembly line production. They gather and concentrate resources, such as laborers, capital,
machine and materials.

In order for a country’s economy to flourish and prosper, there has to be abundance of both factories and
industries. Factories are responsible for creating the growth that develops in an economy. Industry makes
use of this growth to advance the economy and the quality of life for the people of the country. As the
industry grows and develops, there is an additional need for factories. Likewise, if there are factories, then
the industry will continue to grow and develop.

Engineers are required to carry out industrialisation in an economy.

Impacts of Technology on society

i. Positive impacts on Education and Learning process

Advances in information technology have affected the craft of teaching by complementing

rather than eliminating traditional classroom instruction.

The greatest potential for new information technology lies in improving the productivity
outside the classroom. Making solutions to problem sets and assigned reading materials
available on the internet offers a lot of convenience. Email, vastly simplifiers
communication between students and faculty and among students who may be engaged in
group projects.

Internet makes large expansion of distance learning possible in terms of coverage and
delivery of instruction. Text can be combined with audio/video and students can interact in
real time via email and discussion groups.

ii. Positive impacts of technology in Agriculture

Use of technology for intensive farming results in significant increase in yield per acre, per
person and per dollar as machines enhance plowing, sowing, watering and harvesting for
increased output and more consistent quality:

• Food becomes more affordable to consumers as it cost less to produce

• Preservation of existing woodland and rain forest habitats is more possible.
iii. Negative impacts of technology in Agriculture
• Could limit or destroy natural habitat of most wild creatures and lead to soil erosion
• Use of fertilizers alter the biology of rivers and lakes
• Pesticides generally kill useful insects as well as those that destroy crops.
 iv. Positive impacts of technology in transport
• Technology makes it possible to travel efficiently to more destinations
• Technology makes travelling more environmentally friendly e.g. electric vehicles
• Technology has reduced the number of traffic accidents with the use of adaptive
headlights enabling drivers improved vision.
v. Positive impacts of communication technology
• More efficient communication
• Faster method of communication during emergencies
• Ability to communicate from anywhere in the world
• Long distance communication is easier
vi. Negative impacts of communication technology
• Cybercrime, cyber bullying and cyber skyping made possible
• Makes communication less personal
vii. Technology law improved access to information

It is easy to access information at anytime and anywhere through modern technologies like
broadband internet.

Vast amount of data is being published and indexed on line with original content useful for
research and entertainment.

Smart phones with internet connectivity avail to us breaking news, facilitate trading in stock
and monitor our smart homes at any time from wherever we are.

viii. Impact of robotics on employment

Recent advancement in the technology of robotics has been enormous. Organizations faced
with increasing labour costs and shortage of workers are investing in robots. Robots never
demand raises and are able to work around the clock. Robots also perform tasks that humans
cannot do, such as work in challenging environment and are able to achieve utmost
precision.

Research by international federation of robotics points out that although automation

displaces people in manufacturing, it almost always increases output.

Compared to humans, robots may be quicker to train, cheaper to maintain, easier to refuel
and repair and less prone to be bored by repetitive tasks. Cases where robots allow an
increase in production and related decrease in unit price, results in creation of new markets
and generation of downstream jobs to get the product to consumers.

ix. Impacts of artificial intelligence (AI)

Artificial intelligence is defined as smart machines capable of performing tasks that typically
required human intelligence. AI enables computers to perform such intellectual tasks as
decision making, problem solving and perception eg speech recognition, self-driving cars.
 2.0: ENGINEER IN SOCIETY.
Introduction

Responsibility of Engineers

The decisions made by engineers have ethical dimensions and implications. Why? Engineers develop and
implement technologies that influence large populations and shape the way we live, Responsibilities are
always associated with:

(i) Knowledge and adherence of standards defining the practice

(ii) Advancing the standards by identifying & solving problems faced by practice.

iv) Practitioners ought to engage in their practice for the right reasons, that is prioritize; safety,
sustainability & technical excellence against unethical behaviouror financial gain.

v) Practitioners provide an account of their behavior, decisions and intentions.

Professional Responsibility. Engineers should be responsible to;

1. Know follow current technical codes of practice eg Kenya Bureau of Standards (KEBS)
2. Use the best abstract mathematical and scientific models (design theory, mathematics and
material) behavior currently available.
3. Use current standards appropriately, where necessary note insufficiencies and where possible
contribute to their improvement.
4. Understand/achieve the necessary outcomes for strength, sustainability, safety, stability and
serviceability for designs as expected by authorities, clients, the law and users.
5. Engineers have the responsibility to take an account of the relationship between these decision in
the course of their work and the codes of practice.
6. Legal and moral duty of a professional is to apply his or her knowledge in ways that benefit his or
her client and the wider society without causing any injury or other.

Creatively responsible. Engineers should devise efficient ways to;

i) Extract/utilization of energy to address problem of pollution/climate change.

ii) Design efficient building, cars, roads to meet social and environmental standards.

The focus of engineering is the design, manufacturing, testing and improvement finds application all
industries such as construction, the automotive industry, robotics, the energy sector and others. Typical
duties of an engineer could include:
• Turning research ideas into technical plans, using CAD/CAM
• Carrying out surveys on their field of engineering systems and equipment
• Researching and assessing new products and innovations
• Presenting design plans and data to managers and clients
• Producing other technical documents and reports.
• Supporting the contract team when bidding for new work
 • Overseeing maintenance programmes and quality control.

The following attributes are necessary to perform the above duties: Ability to;

• Acquire and apply knowledge of mathematics, science and engineering and in-depth technical
competence in an engineering discipline.
• Identify, formulate and solve engineering problems.
• Design a system, component or process to meet a desired need.
• Conduct experiments as well as to analyze/interpret data.
• Use techniques, skills and modern engineering tools necessary for engineering practices.
• Understand social, cultural, global, environment responsibility.
• Understand entrepreneurship, the process of innovation, and sustainable development.
• Understand professional and ethical responsibilities and commitment to the community.
• Ability to function on multi-disciplinary teams.
• Ability to communicate effectively.
• Ability to understand of the need for and an ability to engage in lifelong learning.
• Ability to demonstrate understanding of project management and finance principles.

Requirements for registration Engineers Board of Kenya (EBK) include:

i. An academic qualification of an engineering discipline from recognized college.

ii. A period of structured practical and professional training in industry.
iii. A subsequent period of professional practice during which the engineer must demonstrate his
competence and suitability for registration.

Procedure for registration as professional engineer

i. Register with EBK upon graduation as a Graduate engineer.

ii. After at least three (3) years of relevant work experience, accumulated under supervision of a
professional engineer, a person can apply for a change of status to that of a registered engineer.
The process consists of sitting for a professional interview conducted by Engineers Board of
Kenya (EBK) and subsequently writing an essay.
Definitions
i. Graduate engineer is a person who is registered on basis of successful completion of
accredited engineering programme.
ii. Professional engineer (registered engineer) is a graduate engineer who has obtained the
prescribed practical experience, passed the professional interview conducted by EBK
and satisfied all other requirements of EBK.

Case study

Engineers can have varied roles throughout their career from highly technical roles to ones of management
and leadership. Technical roles includes being immersed in the use of mathematics, physics and science but
other engineering positions will lead you to focus on communications, report writing, finance, negotiations
and people development.

This is well highlighted in the career of Martin Haigh (1) from the moment he graduated with a degree in
Chemical Engineering.

He was employed as a Project Engineer where his role involved setting up experiments, writing software,
running tests, analyzing results and writing reports. He did not manage anyone and had very little ethical
judgments to make. Even at this entry level position he had to act with honesty and integrity and ensure his
report recommendations reflected the actual test results as senior engineers would make business decisions
based on his findings.

A few years later he became a Principal Engineer and was responsible for two other engineers and had a
lot of customer contact. He had to learn new skills on people management and commerce. He was
responsible with assigning and supervising the work of the two engineers.

In relating with customers, he learnt to make decisions on how much to tell a client without lying,
considering the interest of the company and that of the client.

When he became a Technical Manager, his job was to manage a team of professional engineers and
support staff. His duties were more about people management and responsibility of a sizeable budget. He
also had to consider in much greater detail, the health and safety of his staff and department. Ethical
judgments consumed a fair allocation of resources and staff developments.

His subsequent position of Engineering Director had leadership rather than hands on as top priority. He
ensures engineering department representation in the best possible light within the company and outside
world and taht employees demonstrated highest regard for ethics/ integrity.

As a Group Coach, people skills became dominant with the responsibility of building a talent pool. This
involved identifying most appropriate roles and ensuring best possible training and development
opportunities are provided.

Training Consultant, deals besides technical with issues of ethics and integrity. Table 3 indicates typical
comparative significance of technical, management and ethical roles at various levels.

Table 3: Comparison of technical, management and ethical duties.

Title of position Technical Management Ethical

duties duties duties

Project engineer 70% 20% 10%

Principal engineer 50% 35% 15%

Technical manager 30% 50% 20%

 Engineering director 20% 60% 20%

Group coach 10% 30% 60%

Training consultant 6% 50% 44%

Role of Ethics in Engineering

Engineers are the strong upholders of the nation. They deal in things that are as important as laying the
foundation of a country. An engineer’s work/art has a compelling impact on the society, let alone the
people, leading them in doing an adept work with utmost commitment to self and to the society. The
commitment and adeptness thus demand no carelessness as, many lives depend on their work. To get a
clear picture, we can say that a bridge build with low quality raw material, might fall down, endangering
thousands of people’s life. This is wherein the deeds of righteousness emerge, the ability to act with lot of
diligence and care. Working on ethics is thus an integral part of these deeds and acts. In the words of great
Albert Einstein, “I do not believe in immortality, and I consider ethics to be an exclusive human concern
with no superhuman authority behind it.” Ethics are based on well-founded standards of right and wrong
that prescribe what humans ought to do, usually in terms of rights, obligations, benefits to society,
fairness, or specific virtues, where engineers are no less. ‘Engineering ethics’ in this way finds its way up
to the ladder of moral consciousness/self-righteousness.

How do the guidelines of Engineering Ethics actually work? We can say that Engineering Ethics are the
primary obligation of any engineer to protect the safety, health and the welfare of the people. In a
professional scenario, we are placed in a huge threshold of either doing what’s safe for the people or
blindly following the orders of the employer. This crossroad situation consequently gives rise to the
discussion about 'Engineering Ethics'. According ‘‘Engineering Ethics relates to the study of the moral
issues and decisions confronting individuals and organizations involved in engineering”. They are
underlying in itself the questions about moral conduct, character, policies, relationships and corporations
involved in technological activities.

Now, where does need of studying Engineering Ethics originate? Considering that we all are living in an
age of highly advanced technology and in this mind boggling and physically tiring race of reaching the
vertex of success, we take such decisions that may not only have unintended consequences but are also
adversely affecting the society.

Another reason is that while performing our professional duties, there may arise such situations which
may lead to conflicts between our Personal and Professional interests. For instance, one is working in a
reputed construction company where the material that company uses is of poor quality that could not be
used for constructing of dams, then one is in a state of dilemma of ‘what is to be done?’, if the material is
overlooked, thousands of lives would be in danger and if voice is raised against it, one may lose his/her
job. The example reflects the situation of many people who have conflicts arising between personal and
professional interests, and thus answering our question about why do we need to study engineering ethics.

To have much clear perspectives on code of ethics of engineering many Professional societies such as
EBK, IEK, IEEE, and KeSABE have framed certain codes which are extremely handy for them by
administering guidelines to be taken care of while executing their professional responsibilities. Some of
the Ethics which Engineers have to follow are listed below. Engineers, in the fulfillment of their
professional duties, shall;

• Hold paramount the safety, health, and welfare of the public.

• Perform services only in areas of their competence.
• Issue public statements only in an objective and truthful manner.
• Act for each employer or client as faithful agents or trustees.
• Avoid deceptive acts.
• Conduct themselves honorably, responsibly, ethically, and lawfully so as to enhance the honor,
reputation, and usefulness of the profession.
These are the code of ethics which are more or less universally followed.

You as an Engineer!

As an engineer, you may also have to make many decisions when you have to be clear about what is right
and what is wrong, and it is here that the code of Ethics will guide you, you can also design your own
code of ethics and follow it to fulfill your Professional responsibilities.

Shared below are the guidelines which will help you in taking right decisions:-
Test your decisions in the following manner:

➢ Is the decision good for all?

➢ Does it protect the health of the users or the public in general?
➢ Is it harming the environment?
➢ Is it energy efficient?
➢ Is it in the interest of the nation?
➢ Have you taken into consideration all the stakeholders as well as the people who are directly and
indirectly affected by it?
➢ Is it able to justify prescribed standards and has efficiency?
➢ Is it affordable by a common man?
Actually, these codes make one feel really responsible and proud to be a professional, thus motivating
towards the commitment one should have towards one’s profession. This self-made code of ethics will
provide the necessary moral support and guidelines, which will inspire you to work with great
commitment and more effectively serve the public. It can also win you greater powers of self-regulation
for the profession itself while lessening the demand for more government regulation.

Why Are Ethics Important for Professional Engineers?

Ethics is an important topic for engineers of every level and field. When you become a professional
engineer, however, you are held to a higher standard. That is why one of the requirements for maintaining
your professional engineers’ license is to meet a certain number of professional development hours with
at least two being in ethics.

As professional engineers, we are trusted with projects that impact the lives of hundreds of thousands of
people. The EBK Code of Ethics for Engineers is a document that was put together to help us keep that
fact in mind and be a guiding factor in making hard decisions during our careers. The code of ethics can
be summed up with two key points that we will explore in more depth: safety and honesty.

Safety is Key

The preamble to the EBK Code of Ethics for Engineers states that engineers “require honesty,
impartiality, fairness, and equity, and must be dedicated to the protection of the public health, safety, and
welfare.” When it comes to ethics as a professional engineer, it is about so much more than preventing
illegal activity. It is about making sure the lives we touch with our work are protected from incompetence
and are at the forefront of our minds as we work.

Even the parts of the Code of Ethics for Professional Engineers that deal with honesty and integrity go
back to safety issues. The things we help design, build, and maintain could result in a loss of life if we put
profits, personal advancement, or anything else in front of people.
Integrity and Honesty

Another important reason to have a code of ethics for professional engineers is it sets a standard for
professional behavior. You know you can expect another PE to behave with honesty and integrity since
they adhere to the same creed as you. The public can also be assured you are not pulling a fast one or
working for your own gain. The standard of professional behavior provides the people who you work
with and for a foundation of trust that you are going to operate in the project’s and public’s best interest.

While the code of ethics seems fairly straightforward and clear cut, having courses about it are important
for navigating your day-to-day. The professional development classes help guide you through real life
cases that have come before the Board of Ethical Review, so you can see the nuances of the code and how
it can be used to make better decisions.

We hope this brief overview of why ethics are important for professional engineers has made you eager to
learn more. You can read the full code of ethics by visiting the EBK or IEK’s ethics page.
The IEK Code of Professional Conduct

The Code of Professional Conduct is applicable to all classes of membership. Every member

of IEK is required to conduct his/her affairs so as to uphold the established traditions and

regulations of IEK. Every member of IEK shall order his/her conduct so as to observe the

following points:

1. A member shall conduct his/her affairs so as to uphold the dignity of the profession

of engineering and to act in whatever capacity, in a strictly honest manner towards

his employers, employees, clients, others with whom his activities are connect and

towards other members of IEK, consistent with the established traditions of IEK.

2. A member when discharging his/her professional duties shall:

• Satisfy him/her-self that the duties do not in any way involve activities which are

contrary to the laws of Kenya.

• Satisfy him/her-self as to their scope, obtaining in good time all necessary

clarifications/confirmations.

• Not accept professional obligations which he/she believes he/she does not

possess sufficient competence or authority to perform in a satisfactory manner.

• Accept responsibility for all work carried out by him/her or under his/her

direction and/or supervision.

• Take all necessary and reasonable steps to ensure that persons working under

his/her authority are competent to carry out the tasks assigned to them and that

they understand and accept responsibility for work done under the authority

delegated to them.

• When asked for professional advice which, give an opinion that is objective and

reliable to the best of his/her ability.

• Upon giving professional advice which is not accepted, take all reasonable steps

to ensure that the person who over-rules or disregards his advice is aware of all

possible consequences.

• Not, without disclosing in writing to his/her employer to clients, be a director, of

shareholder in, or agent for, or have financial interests in, any contracting or

manufacturing company or firm or business with whomhe/she may have

occasion to deal with on behalf of his/her employer or clients.

• Not receive, directly or indirectly, any royalty, gratuity, or commission on any

patented or protected article or process used on work which he/she is carrying

out for his/her employer or clients unless such royalty, gratuity, or commission

has been authorised in writing by his/her employer or clients.

3. Except when legally authorized in the national or public interest, do anything or

permit anything under his authority to be done, of which the probable and

involuntary consequences would, in his/he professional judgement, endanger

human life or safety, expose natural resources or valuable property to risk of

destruction or serious damage, or needless or wantonly pollute the environment.

4. A member shall in his work respect all relevant laws, statutory regulations and

standards.

5. In respect to his/her professional relationships with employers, clients, colleagues,

employees, a member shall:

• Disclose to his employers or clients any benefits or interests that he/she may

have in any matter which he/she is engaged in on their behalf.

• Neither communicate to any person nor publish any information or matter, not

previously known to him/her or published in the public domain which has been

communicated to him in confidence by an employer or client without express

authority of the employer or client.

• Not maliciously or recklessly injure or attempt to injure, whether directly or

indirectly, the professional reputation of another person or organisation.

6. A member shall not solicit work improperly as an independent advisor or consultant,

either directly or by an agent nor shall he/she improperly pay any person, by

commission or otherwise, for the introduction of such work.

7. A member shall not be the medium of payments made on his employer’s behalf
unless so requested by his/her employer, nor shall he, in connection with work on

which he/she is employed, place contracts or orders except with authority of or on

behalf of his/her employer.

8. A member working outside Kenya shall observe these rules so far as they are

applicable; but where there are recognized standards of professional conduct in the

country in which he/she is employed, he/she may adhere to them.

9. A member shall be guilty of improper conduct if he/she is convicted by a competent

tribunal of a criminal or civil offence which, in the option of the Disciplinary

Committee of IEK established under the Institution’s Bye-laws, renders him/her unfit

to be a member of IEK.

• If, in the option of the Disciplinary Committee of IEK, a member is precluded

from performing his/her professional duties in manner a consistent with the

standard of his/her profession, as a result of having been adjudicated bankrupt

or making a composition with his/her creditors, he/she may be deemed guilty of

improper conduct.

• Any alleged breach of this Code of Professional Conduct which may be brought

before the Council of IEK properly vouched for and supported by sufficient

evidence, shall be investigated, and if proved, shall be dealt with the Council of

IEK either by expulsion of the offender from IEK under the procedure of the

Articles of Associations as far as they apply, or in such other manner as the

Council of IEK may think fit.

• As a nominated body of the EBK the IEK will investigate any complaint or

allegation against one of its members who is a registrant of the EBK and, having

so investigated, will initiate where appropriate, disciplinary proceedings in

accordance with these rules.

• In any such case in which disciplinary proceedings are initiated under the IEK

Code of Conduct individual registrants may appeal to the IEK Council.

 ENGINEERS BOARD OF KENYA

CODE OF ETHICS AND CONDUCT FOR ENGINEERS

FEBRUARY 2016

The Registrar Engineers Board of Kenya P.O.BOX 30324 – 00100

NAIROBI KENYA

www.ebk.or.ke
INTRODUCTION
The Engineers Board of Kenya is a statutory body established by the Engineers Act 2011. The Board is
responsible for registration of engineers and firms, regulation of engineering professional services, setting
of standards, development and general practice of engineering in Kenya.
One of the functions of the Board as provided under Section 7(1)(u) of the Act is to “develop, maintainand
enforce the code of ethics for engineers and regulate the conduct and ethics of the engineering practice
in general.”
The Board has therefore developed this code of conduct and ethics which forms the basis and framework
for responsible professional practice as it prescribes standards of conduct to be observed byall engineers.
This code is based on broad tenets of truth, honesty, trustworthiness, respect for human life and welfare,
fairness, openness, competence, accountability, engineering excellence, protection of the environment and
sustainable development.
OPERATIONAL TERMS
The Act refers to the Engineers Act 2011
Engineer means “That person who is by virtue of training, able to harness the resources of nature for the
benefit of society. Thus the society expects the engineer to have acquired scientific and technological
knowledge which he is able to apply in solving a problem facing the society. In doing so the engineer is
expected to be guided by the principles of safety and economics”.
Engineering means “the creative application of scientific principles to design or develop structures,
machines, apparatus, or manufacturing processes, or works utilizing them singly or in combination or to
construct or operate the same with full cognizance of their design or to forecast their behavior under
specific operating conditions or aspects of intended functions, economics of operation and safety to lifeand
property”
NO ITEM SUBJECT MATTER

1 CITATION This Code may be cited as the Code of Conduct and Ethics for Engineers

2 APPLICATION This Code of Conduct and Ethics shall apply to all engineers and firmsregistered
under the Engineers Act 2011

3 THE Engineers shall uphold and advance the integrity, honour and dignity of the
FUNDAMENTAL engineering profession by:
PRINCIPLES
a) Using their knowledge and skill for the enhancement of human
welfare;
b) Being honest and impartial, and serving with fidelity the public, their
employers and clients;
c) Striving to increase the competence and prestige of the engineering
profession; and supporting the professional and technical societies of
their disciplines.

4 THE An Engineers shall;

FUNDAMENTAL
a) Hold paramount the safety, health and welfare of the public in the
CANONS
performance of their professional duties.
b) Perform services only in the areas of their competence.
c) Issue public statements only in an objective and truthful manner.
d) Act in professional matters for each employer or client as faithful
agents or trustees, and shall avoid conflicts of interest.
e) Build their professional reputation on the merit of their services and
shall not compete unfairly with others.
f) Act in such a manner as to uphold and enhance the honour, integrity
and dignity of the profession.
g) Continue their professional development throughout their careers and
shall provide opportunities for the professional development of those
engineers under their supervision

5 OBLIGATIONS TO 1) Engineers shall at all times recognize that their primary obligation is to
SOCIETY protect the safety, health, property and welfare of the public. If their
professional judgment is overruled under circumstances where the safety,
health, property or welfare of the public are endangered, they shall notify
their employer or client and such other authority as may be appropriate.
2) Engineers shall approve only those engineering documents which are in
conformity with appropriate standards.
3) Engineers shall not permit the use of their name or firm name nor
associate in business ventures with any person or firm which they have
reason to believe is engaging in fraudulent or dishonest business or
professional practices.
4) Engineers shall be objective and truthful in professional reports,
statements or testimony.
5) Engineers may express a professional option on technical subjects only
when that opinion is founded upon competence in the subject matter.
6) Engineers shall take all reasonable steps to avoid waste of natural
resources damage to the environment and wasteful damage or
destruction of the products of human skill

6 OBLIGATIONS TO Engineers shall act in professional matters for each employer or client as
EMPLOYER OR faithful agents or trustees.
CLIENT
1) Engineers shall disclose all known or potential conflicts of interest to their
NO ITEM SUBJECT MATTER
employers or clients which could influence or appear to influence their
judgment or the quality of their services.
2) Engineers shall not accept compensation, financial or otherwise, from
more than one party for services on the same project, or for services
pertaining to the same project, unless the circumstances are fully
disclosed to, and agreed to, by all interested parties.
3) Engineers shall not solicit or accept financial or other valuable
consideration, directly or indirectly, from contractors, their agents, or
other parties in connection with work for employers or clients for which
they are responsible.
4) Engineers shall not reveal facts, data or information obtained in a
professional capacity without the prior consent of the client or employer
except as authorized or required by law.
5) Engineers in public service as members, advisors or employees of a
governmental body or department shall not participate in decisions with
respect to professional services solicited or provided by them or their
organizations in private or public engineering practice
6) Engineers shall avoid improper solicitation of professional employment
and shall ,in the circumstances;
a) Not falsify or permit misrepresentation of their, or their associates,
academic or professional qualifications, or exaggerate their degree of
responsibility.
b) Not offer, give, solicit or receive, either directly or indirectly, any
financial contribution in any amount intended to influence the award
of a contract.
7) An Engineer whose professional advice is not accepted shall take all
reasonable steps to ensure that persons overruling or neglecting his
advice are aware of the dangers the engineer believes may result from
such overruling or neglect
8) A practicing engineer shall endeavor to understand and take all
reasonable steps to inform his clients and employers of societal and
environmental consequences of actions or projects in which he is
involved and to interpret issues to the public in an objective and truthful
manner

7 INTEGRITY OF AN 1) Engineers shall be guided in all their professional relations by the highest
ENGINEERwsx standards of integrity and shall;
a) Admit and accept their own errors when proven wrong and refrain
from distorting or altering the facts in an attempt to justify their
decisions.
b) Not accept outside employment to the detriment of their regular work
or interest.
2) Engineers shall at all times strive to serve the public interest and shall in
the process;
a) Seek opportunities to be of constructive service in civic affairs and
work for the advancement of the safety, health and wellbeing of their
community.
b) Endeavor to extend public knowledge and appreciation of engineering
and its achievements and to protect the engineering profession from
misrepresentation and misunderstanding.
3) Engineers shall avoid all conduct or practice which is likely to discredit the
profession or deceive the public

8 DISCLOSURE OF 1) Engineers shall not disclose confidential information concerning the

INFORMATION business affairs or technical processes of any present or former client or
employer without his consent.
NO ITEM SUBJECT MATTER

9 CONFLICT OF 1) Engineers shall not be influenced in their professional duties by

INTEREST conflicting interests and shall not accept;
a) Financial or other considerations, including free engineering designs,
from material or equipment suppliers for specifying their product.
b) Commissions or allowances, directly or indirectly from contractors or
other parties dealing with clients or employers of the Engineer in
connection with work for which the Engineer is responsible.

10 COMPENSATION 1) Engineers shall uphold the principle of appropriate and adequate

IMPROPER compensation for those engaged in engineering work

11 UNFAIR MEANS 1) Engineers shall not compete unfairly with other engineers by attempting
to obtain employment or professional engagements by taking advantage
of a position, or by criticizing other engineers, or by other improper or
questionable methods.
2) Engineers shall not request, propose, or accept a professional
commission under circumstances in which their professional judgment
may compromised
3) Engineers shall not attempt to injure, maliciously or falsely, directly or
indirectly, the professional reputation, prospects, practice or employment
of other engineers, not indiscriminately criticize other engineer’s work.
Engineers who believe others are guilty of unethical or illegal practice
shall present such information to the proper authority for action

12 ENGINEERING 1) Engineers shall undertake assignments only when qualified by education

PRACTICE or experience in the specific technical fields involved.
2) Engineers shall not affix their signatures to any plans or documents
dealing with subject matter in which they are not competent.
3) Engineers in private practice shall not review the work of another
engineer for the same client, except with the knowledge of such other
engineer, or unless the connection of such engineer with the work has
been terminated.
4) Engineers in governmental, industrial or educational employment are
entitled to review and evaluate the work of other engineers when so
required by their employment duties
5) Engineers in sales or industrial employment are entitled to make
engineering comparisons of represented products with products of other
suppliers.
6) Engineers shall accept personal responsibility for all professional
activities under their charge and shall;
a) Conform to state registration laws in the practice of engineering.
b) Not use association with a non-engineer, a corporation, or
partnership, as a ‘cloak’ for unethical acts, but must accept personal
responsibility for all professional acts.

13 RECOGNITION OF 1) Engineers shall give credit for engineering work of those to whom credit is
PROPRIETARY due, and will recognize the proprietary interests of others
INTERESTS 2) Engineers using designs supplied by a client shall recognize that the
designs remain the property of the client and may not be duplicated by
the Engineer for others without express permission.

14 COOPERATION, 1) Engineers shall cooperate in extending the effectiveness of the professionby

DEVELOPMENT interchanging information and experience with other engineers and students,
AND ADVANCEMENT and will endeavor to provide opportunity for the professional development and
OFENGINEERS advancement of engineers under their supervision andin that case shall;
NO ITEM SUBJECT MATTER
a) Encourage engineering employees’ efforts to improve their education.
b) Encourage engineering employees to attend and present papers at
professional and technical society meetings.
c) Encourage engineering employees to become registered at the
earliest possible date

15 ADVERTISEMENT 1) No Engineer shall in self laudatory language or in any manner derogatoryto

OR WRITING OF the dignity of the engineering profession , advertise or write articles for
ARTICLES FOR publication
PUBLICATION

16 BREACH OF CODE 1) No Engineer shall assist, induce or be involved in the breach of this code of
OF CONDUCT conduct and ethics but shall do all necessary endeavors to support those who
seek to uphold it and report immediately any unethical engineering decisions
or practices by Engineers and others to the Board

17 PENALTIES 1) Engineers failing to observe any provisions in this code of conduct andethics
shall commit an offence under the Act and shall be liable to penalties as
prescribed by the Board
 3. LAW IN ENGINEERING.

Definition-Law is a set of rules and regulations that are necessary to run

human society in an orderly fashion. Often described as a science and art of
justice, the law is enforced through established social and governmental
institutions across the globe.

In most countries, the system of courts acts as the guardian of the law. These
courts ensure that the rules and regulations enshrined in the law are being
followed by everyone, and the violators are equally punished either through a
fine, penalty, or severe punishment.

3.1:Classification of Law

Each jurist has tried to classify Law as per their notion and the system they follow;
however, in this section, we will deal only with those categories that are practiced
and are vital in modern times.

1. Civil Law & Special Law

Civil Law is the Law imposed by the State. It is territorial and general. It is different
from special Law as the latter can be set in special conditions only such as the
Criminal Law.

2.Procedural or Substantive Law

Substantive law is focused on the goals that an administration wants to achieve.

Contract law is an example of Substantive law. Procedural law suggests the remedies
and refers to the concrete ways by which the objectives of an administrative system
can be achieved. Civil Procedure Code comes under Procedural law.
3.Public Law & Private Law

Public law defines the relationship between an individual and the State, wherein the
latter is an enforcing authority. Constitutional and Administrative law fall under the
category of Public law. Private law refers to the relationship between two persons or
parties. Property law, Contract law, etc. come under this category.

4.International Law

Also called the Law of Nations, it is applicable to States and is a set of rules
governing two and more States.

5.Customary Law

One of the sources of the law is the customs prevalent in a particular society or
community. The law that results from such customs is valid, even if it is not included
in the governing Law.

6.General or Special Law

General law refers to the law existing in the country and applicable throughout the
territory. For instance, Contract law is applicable throughout the region of India,
whereas Special law refers to the law applicable in a particular area.

7.Cyber Law

It is a law that is mostly applicable to the Internet and relevant technologies. It is a

new segment in the legal system, and it safeguards people involved in internet-
based transactions and interactions.

8.Imperative Law
A rule which is prescribed by an authority and defines a particular action is
Imperative Law.

Divine Law

It is the Law of God imposed on all earthly beings.

Physical Law & Scientific Law

Physical laws are not human-made laws and pertain to science and nature, whereas
Scientific laws are the laws created by humans.

Natural and Moral Law

Natural Law defines right or wrong acts and denotes natural justice. Moral Laws
are based on moral principles.

Antecedent and Remedial Law

Antecedent law is the independent specific enforcement of a particular aspect of

Law. For example, in Contract law, you can find the specific performance of the
contract, and it is related to Antecedent law. Remedial law suggests the remedy.

Law in Rem and Law in Personam

A person’s enforcement of rights against the world is known as Law in Rem,

whereas Law in Personam is the enforcement of rights against an individual or
individuals.

*Two Categories may have the Same Law

You must have gone through several categories of Law as given above; however, a
particular law or an Act may fall under two or more categories. For instance, the
Contract law falls under both Substantive law and General Law.
3.2 Kenyan constitution Bill of rights &structure of courts

: Structure of the Courts

The courts have power to hear and determine disputes, primarily of criminal and civil nature.
Criminal cases are those in which the State prosecutes a person or an organization for
committing an act which is not in the interest of the public, and therefore considered to be an
offense against the State.

Civil cases originate from a person who seeks redress for a private wrong such as breach of
contract, trespass, or negligence; or to enforce civil remedies such as compensation, damages or
to stop some action.

Court Structure
The courts under the Constitution operate at two levels, namely; Superior and
Subordinate courts.

1. Superior Courts:
 a. Supreme Court,
b. Court of Appeal,
c. High Court,
d. Employment and Labour Relations Court
e. Industrial courts
f. Environment and Land Court
2. Subordinate Courts:
a. Magistrates’ Courts
b. Kadhis Courts
c. Court Martial, and
d. Any other court or local Tribunal established by an Act of Parliament

The Supreme Court

The Supreme Court is the highest Court in the Judiciary while the lowest Court is
the Magistrates court.

The court hears and determines cases relating to presidential elections. It hears
appeals on cases that have been concluded by the Court of Appeal, issues advisory
opinions on matters concerning County Governments, in any cases involving the
interpretation or application of the Constitution and in matters of general public
importance.

Further, the Supreme Court hears appeals from any other court or tribunal as
prescribed by national legislation and determines the validity of a declaration of a
state of emergency.

It comprises the Chief Justice (President of the Court), the Deputy Chief Justice
(Vice-President) and five judges. The court sits in Nairobi.

The Court of Appeal

The Court of Appeal handles appeals arising over the decisions of the High Court
as well as any other court or Tribunal as provided for in Law. The court comprises
a maximum of 30 Judges. The Judges of the Court of Appeal elect a President from
among themselves. The Court of Appeal has been decentralized and currently has a
total of six registries namely; Nairobi, Mombasa, Nyeri, Kisumu, Nakuru and
Eldoret.

The High Court

The High Court has jurisdiction to hear all criminal and civil cases as well as appeals
from the lower courts. The High Court comprises a maximum of 200 judges and has
original jurisdiction in all criminal and civil matters. The High Court is a premier
court in interpreting the Constitution, hears appeals from subordinate courts and
tribunals and supervises all administrative bodies (judicial review).
High Court divisions include Family, Commercial and Admiralty, Constitutional
and Judicial Review, Land and Environment, Criminal, Industrial and
Environmental and Land Court. There are at least 20 High Court stations
countrywide.

The Constitution has also established the Employment and Labour Relations Court
and the Land and Environment Court at the same level as the High Court.
Employment and Labour Relations Court deals with labour and employment
matters while the Land and Environment Court deals with land and environment
matters and appeals from all tribunals dealing in land and environment matters.

Magistrates’ Courts
Magistrates’ Courts deals with the majority of cases in Kenya. There are 127 court
stations manned by at least 542 magistrates. A Magistrate’s Court has the authority
to hear all criminal cases except murder, treason and crimes under international
criminal law. Magistrates’ courts also hear all civil cases except those limited by
statute. Other lower courts include, Kadhis courts, Courts martial and Tribunals.
Kadhis Court
Kadhis Courts deal with cases such as family and succession, while appeals go to
High Court. They have authority to hear cases on marriage, divorce and inheritance
where those involved are Muslims.

Courts Martial
The Court Martial hears cases involving people serving in the Military. They are
established under the Armed Forces Act.
Tribunals
Tribunals are bodies established by Acts of Parliament to exercise judicial or quasi-
judicial functions. They supplement ordinary courts in the administration of justice.
Tribunals, however, do not have penal jurisdiction.
Tribunals, like the courts, have to respect the Bill of Rights in their decisions and
not be repugnant to justice and morality or be inconsistent with the Constitution or
other laws of the land. Most tribunals are subject to the supervision of the High
Court. All tribunals fall under the Judiciary.

3.3.Role of Employers’ associations and Trade unions

3.3.1:Employer associations

Introduction

These are formal organizations which specialize in the aggregation, definition,

processing and promotion in the political arena of the collective interests and goals
of a distinct social class defined by its dominant position in the division of labour
and its power to invest in market economics (1).
They are voluntary organizations i.e they are led by elected leaders and are managed
by professional managers with a permanent staff for the administration of its
activities and delivery of services. The associations have a budgetary process for
acquisition of funds and the accountability of their use and a set of specific criteria
defining the rights and duties of members (1).

Employers association specialize in the fields of collective bargaining, labour law

and social legislation. In contrast with trade associations who focus on business law,
marketing abroad, product and process regulation, subsidies, trade and tax policy.
They negotiate collective bargaining agreement between members and trade unions.
Typically, they set out the terms and conditions such as pay, benefits and working
times etc to be included in the employment contracts of workers in the bargaining
unit.

Definition: Employer association is an advocacy group that through lobbying tries

to influence government policy. They lobby government and employers to improve
employer’s wages, conditions and benefits.

Federation of Kenya Employers

FKE was established in 1959 with the following overall objectives:

• To encourage the development and maintenance of good relations between

employers and employees.
• To promote sound management practices amongst employers.
• To encourage observance by employers of fair conditions of employment.
• To promote, represent and advocate employers’ views to the Government and
other authorities.

FKE acts as secretariat to the following trade associations:

 • Association of Local Government Employers (ALGE)
• Kenya Association of Building and Civil Engineering Contractors
(KABCEC)
• Distributorship and Allied Trades Association (DATA)
• Sisal Growers and Employers Association (SGEA)
• Timber Industry Employers Association (TIEA)
• Motor Trade and Allied Industries Employers Association (MTAIEA)
• Agricultural Employers Association (AEA)
• Kenya Coffee Growers and Employers Association (KGEEA)

In addition, the following associations, which have their own independent

secretariats, are affiliate members of FKE:

• Kenya Tea Growers Associations (KTGA)

• Kenya Association of Hotel Keepers and Caterers (KAHKC)
• Kenya Bankers (Employers) Association (KBEA)
• Kenya Petroleum Dealers Association (KPDA)
• Kenya Vehicle Manufacturers Association (KVMA)
• Kenya National Chamber of Commerce and Industry (KNCCI)
• Kenya Association of Air Operators (KAAO)

While FKE has maintained industrial relations as its core function, it has expanded
its role and functions over time and in response to the needs of employers to include:
management training, management consultancy, executive selection,
entrepreneurship development for micro and small enterprises, total quality
management, ISO 9000 quality system, ISO 14000 environmental management
system, productivity improvement programmes, an elimination of child labour
programme, International Labour Standards, AIDS education in the work place, and
research and public policy advocacy.

3.4:Trade Unions

The principal purpose of a trade union is to regulate relations between workers and
employers. Basically, a trade union fights for better working conditions and
remuneration for its members. Labour union leaders are experienced at solving
problems through formal arbitration and grievance procedures that expedite
resolutions.

Definition: A trade union is an organization whose membership consists of

workers and union leaders, united to protect and promote the following common
interests:

• Negotiate wages and working conditions

• Regulate relations between workers and employer.
• Take collective action to enforce the terms of collective bargaining.
• Raise new demands on behalf of its members
• Discuss major changes to the workplace such as large scale redundancy.
• Accompany members in disciplinary and grievance meetings

Kenya national union of engineers (2), highlights these as fighting functions in its
definition as follows:

In order to fulfil the main objective of securing decent terms and conditions of
employment, trade unions engage in activities and programmes to promote and
ensure adequate wages, secure better conditions of employment, reduce hours of
work, get better and respectable treatment from employers, protect members and
secure some control of the industry/ institution. In order to achieve these functions
unions adopt the methods of collective bargaining negotiations, strikes or boycotts,
diplomacy, legal proceedings, and call these fighting functions. It is only a trade
union that has these mandates within the provision of law.

Reference

1. Martinelli A. Employers’ Associations, International Encyclopedia of Social

and Behavioral Science, 2001
2. Functions of Trade Unions, Kenya National Union of Engineers, 2018
 4.LAW OF TORT
Introduction
Tort law is the body of laws that enables people to seek compensation for wrongs
committed against them. When someone’s actions cause some type of harm to
another, whether it be physical harm to another person, or harm to someone’s
property or reputation, the harmed or injured person or entity may seek damages
through the court.

Damages are a monetary award ordered by the court to be paid to an injured party,
by the party at fault.

Damages may be awarded in compensation for loss of, or damage to, personal or
real property, for an injury, or for a financial loss.

The types of damages that may be awarded by the court for civil wrongs, called
“tortious conduct,” of an individual or entity include:

1. Reimbursement for property loss or property damage

2. Medical expenses
3. Pain and suffering
4. Loss of earning capacity
5. Punitive damages

4.2.Tort Liability

The legal term tort refers to an action in which one person or entity causes injury,
harm, or damage to another person or entity. A tort liability may occur as a result of
intentional acts, a negligent act, a failure to act when the individual had a duty to act,
or a violation of statutes or laws.

The individual who commits the tortious act (the act leading to the tort liability
claim) is called the “tortfeasor,” and is the defendant in this type of civil lawsuit.
Such a defendant is generally held liable for damages or harm suffered by the
plaintiff, as a result of the defendant’s acts.
In many tort cases, the damages or injury suffered by the plaintiff do not have to be
physical injury. A defendant in a tort liability case, who is found to be liable for his
or her tortious acts, may be ordered to pay damages for harm, such as violation of
personal rights, pain and suffering, and emotional distress.

Types of Liability common in a tort setting include:

1. Joint Liability: This is where several tortfeasors are held liable for a tort against
one party. The tortfeasors are said to be “jointly liable” for the harm. How much
each tortfeasor will be required to pay may depend on their individual degree of
liability, as well as the rules for that particular jurisdiction
2. Liability to/for Third Parties: Third party interactions can also affect tort
liability. Sometimes a person may be held liable for injuries sustained by a third
party. For example, a landlord often has a duty not only to ensure that their
tenants are free from harm on the premises, but also that third party visitors are
safe as well. Or, sometimes a third party may be liable to the main parties in a
contract.
3. Plaintiff/victim Liability: If the victim actually contributed to their injury, they
may actually share liability with the tortfeasor. This is often known as
“contributory negligence,” and may result in the damages award being reduced
or completely barred.
4. Parent Liability: Parents may sometimes be held liable for the tortious actions
of their children. This also varies according to jurisdiction and the type of tort
involved.
5. Strict Liability: Strict liability means that the tortfeasor may be held liable for a
violation even if they did not intend to violate a statute. Examples of strict
liability torts include transporting hazardous materials in an off-limits zone or
harboring dangerous wild animals.
 Strict liability torts are primarily confined to ultrahazardous activities and
product liability cases. An activity is ultrahazardous if it is so inherently
dangerous that even the highest degree of care will not eliminate the risk of harm.
If someone is injured because of such activity, the defendant is liable regardless
of the level of care he or she exercised.
In determining whether an activity is abnormally dangerous so as to give rise to
strict liability, a court will consider the
a) existence of a high degree of risk of some harm to the person, land or chattels
of others
b) likelihood that the harm that results from it will be great;
c) inability to eliminate the risk by the exercise of reasonable care
d) extent to which the activity is not a matter of common usage
e) inappropriateness of the activity to the place where it is carried on;
f) extent to which its value to the community is outweighed by its dangerous
attributes.

6. Vicarious Liability: Vicarious liability refers to a situation where someone is

held responsible for the actions or omissions of another person. In a workplace
context, an employer can be liable for the acts or omissions of its employees,
provided it can be shown that they took place in the course of their
employment. An employer who directs their employee to commit a tort during
their work shift may be held liable for the harm caused by the employee.
To establish that the employee's conduct was within the scope of employment:
a) the conduct must have occurred substantially within the time and space
limits authorized by the employment;
b) the employee must have been motivated, at least partially, by a purpose to
serve the employer;
 c) the act must have been of a kind that the employee was hired to perform.

4.3:Defenses in Tort Law

1. The defence of Consent – A person, who has voluntarily agreed to suffer harm,
cannot claim damages for such harm. This consent to suffer harm can be either
express or even implied. However, such consent must be given freely and not
obtained by fraud or any other illegal means.
2. When plaintiff is the wrongdoer – This defence is based ‘no action rises from an
immoral cause’. when the action of the plaintiff is unlawful itself, it might lead
to a defence in general.
3. Inevitable Accident Inevitable accident is such where the injury could not have
been avoided inspite of reasonable care on part of the defendant. In a suit for tort
it is always a good defence if it can be shown that the defendant could not avoid
the injury sustained by the plaintiff inspite of his reasonable effort.
4. Act of God An Act of God is an inevitable accident arising out of the working of
natural forces which is beyond human control and unprecedented in nature and
type. It must be extraordinary and unanticipated as well.
5. Act in relation to Private Defence In case of imminent threat to life or property,
use of force for defence of the same is justified. However, use of such force must
be reasonable and should be in proportion to the requirement.
6. Necessity If damage is caused to avoid a greater damage, it becomes a good
defence.
7. Act in respect to Statutory Authority Any damage arising out of an act that the
law prescribes or the statute authorises will never become actionable even though
in absence of such statutory authority it is an offence in tort.
4.4:Remedies in Tort Law
The five basic remedies for breach of contract include the following: money
damages, restitution, rescission, reformation, and specific performance.
1. A money damage award includes a sum of money that is given as compensation
for financial losses caused by a breach of contract. Parties injured by a breach are
entitled to the benefit of the bargain they entered, or the net gain that would have
accrued but for the breach.
2. Rescission is the name for the remedy that terminates the contractual duties of
both parties.
3. Reformation is the name for the remedy that allows courts to change the
substance of a contract to correct inequities that were suffered.
4. Specific performance is an equitable remedy that compels one party to perform,
as nearly as practicable, his or her duties specified by the contract. Specific
performance is available only when money damages are inadequate to
compensate the plaintiff for the breach. This ruling often happens when the
subject matter of a contract is in dispute.
5. Restitution is a remedy designed to restore the injured party to the position
occupied prior to the formation of the contract. Restitution aims at returning to
the plaintiff any money or property given to the defendant under the contract.
Plaintiffs typically seek restitution when contracts they have entered are voided
by courts due to a defendant’s incompetence or incapacity. Parties that are
induced to enter into contracts by mistake, fraud, undue influence, or duress may
seek to have the contract set aside or have the terms of the contract rewritten to
do justice in the case.
Elements of a Negligence Claim

In order to win a negligence case, the plaintiff (the person injured) must prove the
following four elements to show that the defendant (the person allegedly at fault)
acted negligently:

1. Duty of care - The defendant owed a legal duty to the plaintiff under the
circumstances. When assessing a negligence claim, the first step is to look to see
whether or not the defendant owed the plaintiff a legal duty of care. A duty arises
when the law recognizes a relationship between the defendant and the plaintiff
requiring the defendant to act in a certain manner toward the plaintiff.
Example, if a defendant was loading bags of grain onto a truck and struck a child
with one of the bags, the first question that must be resolved is whether the
defendant owed a duty to the child. If the loading dock was near a public place,
such a public sidewalk, and the child was merely passing by, then the court may
be more likely to find that the defendant owed a duty to the child. On the other
hand, if the child were trespassing on private property and the defendant didn't
know that the child was present at the time of the accident, then the court would
be less likely to find that the defendant owed a duty.
2. Breach of Duty- The defendant breached that legal duty by acting or failing
to act in a certain way.
The court will look to see whether the defendant breached this duty by doing (or
not doing something) that a "reasonably prudent person" would do under similar
circumstances. The term "reasonably prudent person" refers to a legal standard
that represents how the average person would responsibly act in a certain
situation.
 It's not enough for a plaintiff to prove that the defendant owed him or her or a
duty; the plaintiff must also prove that the defendant breached his or duty to the
plaintiff. A defendant breaches such a duty by failing to exercise reasonable care
in fulfilling the duty. Unlike the question of whether a duty exists, the issue of
whether a defendant breached a duty of care is decided by a jury as a question of
fact.
Thus, in the example above, a jury would decide whether the defendant exercised
reasonable care in handling the bags of grain near the child.
3. Proximate Cause (Causation) - It was the defendant's actions (or inaction)
that actually caused the plaintiff's injury.
A plaintiff must prove that the defendant's actions were the actual cause of the
plaintiff's injury. A defendant in a negligence case is only responsible for those
harms that the defendant could have foreseen through his or her actions. If a
defendant has caused damages that are outside of the scope of the risks that the
defendant could have foreseen, then the plaintiff cannot prove that the
defendant's actions were the proximate cause of the plaintiff's damages. In the
example described above, the child would prove proximate cause by showing that
the defendant could have foreseen the harm that would have resulted from the
bag striking the child. Another example is it would be unfair to sue someone who
was negligently texting and driving for a totally unrelated fender bender that
happened just across the street -- just because the driver was negligent.
4. Damages - The plaintiff was harmed or injured as a result of the defendant's
actions.
A plaintiff in a negligence case must prove a legally recognized harm, usually in
the form of physical injury to a person or to property. It's not enough that the
defendant failed to exercise reasonable care. The failure to exercise reasonable
care must result in actual damages to a person to whom the defendant owed a
 duty of care. This element requires that the court be able to compensate the
plaintiff for his or her injury usually through monetary compensation for
expenses such as medical care or property repair.

4.3: ENVIRONMENTAL LAW

Environmental impact assessment (EIA) means a systematic examination

conducted to determine whether or not a programme, activity or project will have
any adverse impacts on the environment.

General Principles of EMCA, 1999

a) Polluter-pays principle means that the cost of cleaning up any element of the
environment damaged by pollution, compensating victims of pollution, cost of
beneficial uses lost as a result of an act of pollution and other costs that are
connected with or incidental to the foregoing, is to be paid or borne by the person
convicted of pollution under Environmental Management and Co-Ordination
Act, 1999 or any other applicable law
b) Intergenerational equity means that the present generation should ensure that
in exercising its rights to beneficial use of the environment the health, diversity
and productivity of the environment is maintained or enhanced for the benefit of
future generations
c) Intragenerational equity means that all people within the present generation
have the right to benefit equally from the exploitation of the environment, and
that they have an equal entitlement to a clean and healthy environment;
d) Precautionary principle is the principle that where there are threats of damage
to the environment, whether serious or irreversible, lack of full scientific certainty
shall not be used as a reason for postponing cost-effective measures to prevent
environmental degradation;
e) Sustainable development means development that meets the needs of the
present generation without compromising the ability of future generations to
meet their needs by maintaining the carrying capacity of the supporting
ecosystems

Key environmental protection innovations of Kenya’s new constitutional order.

1. Noise Regulations, 2009. These regulations prohibit production of any loud,

unreasonable, unnecessary or unusual noise which annoys, disturbs, injures or
endangers the comfort, repose, health or safety of others and the environment.
2. Section 58 of EMCA requires an Environmental Impact Assessment License
which is a critical examination of the effects of a project on the environment.
It has two components;
• It identifies both negative and positive impacts of any development
activity or project, how it affects people, their property and the
environment.
• It identifies measures to mitigate the negative impacts, while
maximizing on the positive ones.
3. The EMCA (Conservation of Biological Diversity Resources and Benefit
Sharing) regulations,2006 which provides that any person who intends to
access genetic resources in Kenya needs an Access permit for genetic
resources in Kenya with a certificate from National Council for Science and
Technology. It also states that one has to have an Environmental Impact
Assessment License to: engage in activities with an adverse effect on any
ecosystem, that will lead to the introduction of any exotic species or that will
lead to unsustainable use of natural resources.
 4.4.Engineering Standards
According to the American Society of Mechanical Engineers (ASME), a standard
can be defined as "a set of technical definitions, instructions, rules, guidelines, or
characteristics set forth to provide consistent and comparable results, including:

• Items manufactured uniformly, providing for interchangeability

• Tests and analyses conducted reliably, minimizing the uncertainty of the
results
• Facilities designed and constructed for safe operation."

Engineering standards typically fall into three categories:

• Limited consensus standards: developed by experts in a given organization

and then made available to the organization for their guidance
• General consensus standards: developed by experts to serve the need of a
given industry; require substantial input from other interested parties
• Governmental standards: produced by a wide range of governmental
organizations and can be jurisdictional (legally enforced) or non-jurisdictional

A standard is typically represented by the acronym of the issuing organization

followed by a number and date of issuance (e.g., ANSI B152.2-1982 or ISO
10096:1997). For help finding the name of a particular standard or whether a not a
standard exists for a particular purpose, please visit the second tab of this guide. If
you already know the name of the standard you wish to find, please visit the third
tab for resources to locate standards.
 4.5. INTELLECTUAL PROPERTY LAW

Intellectual property law deals with the rules for securing and enforcing legal rights
to inventions, designs, and artistic works.

• Examples of intellectual property rights include:

• Patents
• Domain names
• Industrial design
• Confidential information
• Inventions
• Moral rights
• Database rights
• Works of authorship
• Service marks
• Logos
• Trademarks
• Design rights
• Business or trade names
• Commercial secrets
• Computer software

4.5.1:Main types of intellectual property.

There are four main types of intellectual property rights, including patents,
trademarks, copyrights, and trade secrets. Owners of intellectual property
frequently use more than one of these types of intellectual property law to protect
the same intangible assets. For instance, trademark law protects a product’s name,
whereas copyright law covers its tagline.
 4.5.1: Patents
A patent is a legally enforceable right granted by the government in return for
disclosure of the invention to the public. A patent gives the owner the exclusive
rights to prevent others from manufacturing, using or selling the protected invention
in a given country. Invention means a solution to a specific problem in the field of
technology.

The three types of patents consist of:

Design patents: Protection for the aesthetics of a device or invention. Ornamental
design patents include a product’s shape (Coca-Cola bottle), emojis, fonts, or any
other distinct visual traits.
Plant patents: Safeguards for new varieties of plants. An example of a plant patent
is pest-free versions of fruit trees. But inventors may also want a design patient if
the tree has unique visual properties.
Utility patents: Protection for a product that serves a practical purpose and is useful.
IP examples include vehicle safety systems, software, and pharmaceuticals. This was
the first, and is still the largest, area of patent law.

Criteria for patentability

For a patent to be granted, the invention must satisfy three requirements, (ie) the
invention must;
i) be new, meaning the invention has not been publicly disclosed anywhere in the
world
ii) Involve an inventive step, that is the invention must not be obvious to someone
with knowledge and experience in the technological field of the invention
iii) be industrially applicable, in that the invention must be capable of being used
in industry
Procedure for obtaining patent protection in Kenya

1. the applicant is required to fill the prescribed application form for a Patent
2. the applicant submits the completed form alongside with a detailed description
of the invention to Kenya Industrial Property Institute (KIPI)
3. Payment of application, filling and examination fees
4. The applicant formally requests the application to be examined within 3 years
5. Upon examination KIPI will inform applicants to make amendments to the
Application
6. Once amendments are made the Application is Approved by KIPI and a patent
is granted

Advantages of patents

1) A patent gives you the right to stop others from copying, manufacturing, selling
or importing your invention without your permission.
2) A patent secures protection for a pre-determined period, allowing you to keep
competitors at bay.
3) Patenting converts the patent to an asset thereby enabling the patent holder to
license to another party or sell it.
4) Allows the patent holder to use the patent for his own purposes
5) A patent protects against infringement (unauthorized use of intellectual
property).

Disadvantages of patents

1) Patent application means making certain technical information about your

invention publicly available. the details of your invention will be known to the
competitors
2) Applying for a patent can be a very time-consuming and lengthy process - market
may have changed or technology may have overtaken your invention by the time
a patent is granted.
3) Application of patents is cost intensive and there is no guarantee successful
application
4) There is need to be prepared to defend your patent as competitors may make
infringements.
5) It may be risky as the patent may erupt.

4.5.2: Trademarks
Trademarks protect logos, sounds, words, colors, or symbols used by a company to
distinguish its service or product. Trademark examples include the Twitter logo,
McDonald’s golden arches, and the font used by Dunkin.
Although patents protect one product, trademarks may cover a group of products.
The Lanham Act, also called the Trademark Act of 1946, governs trademarks,
infringement, and service marks.

A registered trademark can protect things like the following:

• Clever and catchy names to describe your products or services

• Distinctive visual identifiers, such as words and logos
• Promotional materials, such as slogans and jingles.

Types of trademarks

There are 2 types of trademarks:

An ordinary mark may include words, designs, tastes, textures, moving images,
modes of packaging, holograms, sounds, scents, 3-dimensional shapes, colours or a
combination of these used to distinguish goods or services.
A certification mark can be licensed to many people or companies for the purpose
of identifying that certain goods or services meet a defined standard.

Benefits of Trademarks.

A registered trademark:

• Constitutes direct evidence that you own the trademark.

• Prevents others from registering and using a confusingly similar trademark.
• Gives you the ability to enforce your trademark right.
• Becomes more valuable if you license your trademark for others to use.

Choosing a trademark
Trademarks that cannot be registered include the following:

• Clearly descriptive marks.

• Words that are the name of the goods or services in other languages.
• Trademarks based on a place of origin.
• Names and surnames.
• Deceptively misdescriptive trademarks
• Trademarks that could be confused with other registered or pending
trademarks.

Importance of using trademarks strategically

Create brand value

Trademarks help create brand value for your business by distinguishing your goods
or services from the competition's.

Build value by integrating your other IP assets with your brand.

Building the value of your brand

• Inventions (patents)
• Brands, logos, slogans (trademarks)
• Formulas, data, manufacturing process (trade secrets)
• Written works, videos, music (copyright)
• Product design (industrial design)

Sell your brand

Use your brand to grow your business.

Consider getting exclusive legal rights to your trademark with a registered
trademark that will serve as evidence of ownership.

Consider commercializing your trademark, which you can do, for example, by
setting up licensing agreements.

What could you gain from it?

• Reaching new markets by expanding through your licensee's marketing and

distribution channels
• Increasing brand recognition by appearing on new products and in new
channels
• Establishing strategic partnerships where both parties work together toward
common core business goals

Brand partnering

A strategic brand partnership can also greatly increase the value of trademarks.

Consider the example of Sidney Crosby, who partnered with Reebok to create his
own personal brand, "SC87," which sells hockey equipment and apparel that are
"approved" by Crosby.

He also has partnerships with companies such as Gatorade and Tim Hortons. These
partnerships are meant to appeal to his fans and attract consumers to the companies'
products.

Export your brand

Trademark protection is territorial. Consider strategically filing for trademark

rights in countries where you plan to do business.
Use online tools and databases to search for trademarks in countries where you plan
to do business. Make sure no one else has the legal rights to your trademark, or to
one that could be confused with yours.

Consider licensing agreements with overseas entities, as they are one of the quickest
ways to expand across global markets.

4.5.3:Copyrights

A copyright is the exclusive legal right over how original content or materials you’ve
made get copied, shared, reproduced, printed, performed, or published by others.

In other words, copyright provides you with exclusive rights to:

• Reproduce your work

• Distribute or sell your work

• Display or perform your work publicly

• Create derivative works based on the original work

It also allows you to authorize or restrict others in exercising these rights, further
protecting your original works if they’re ever stolen or plagiarized.

A copyright usually consists of the following four components, which we’ll

discuss in more detail later in the article:

1. Copyright symbol © or the word “copyright”

2. Year the material was published

3. Name of the copyright owner

4. What rights are retained by the copyright

Some examples of copyrighted works include:
• Art
• Literature
• Videos
• Images
• Photography
• Choreography
• Music
• Sound clips
4.5.4:Difference Between a Copyright and a Trademark.

The difference between a copyright and a trademark is the type of content each
notice protects — trademarks apply to logos, slogans, and brand identity. In
contrast, copyright applies to original tangible materials and creative works.

You technically own a trademark as soon as you start using a name or brand
identity along with your goods or service, making it similar to how copyright law
works

Some examples of works that can be copyrighted include:

• Architectural works

• Sound recordings

• Audiovisual works — including motion pictures

• Artworks

• Dramatic works — including any accompanying music

• Musical works — including any accompanying words

• Literary works
 • Choreographic works

That said, there are limitations to the types of work this protection applies to.

The following examples of content aren’t protected by copyright:

• Ideas, methods, systems, concepts, or discoveries

• Works that don’t have a tangible form (i.e., not captured in a physical
medium)

• Titles, names, slogans

• Familiar symbols or designs

• Variations of typefaces or lettering

• Ingredient lists
 5.0: CONFLICT AND DISPUTE MANAGEMENT.
Introduction.
Definition; clashing or sharp disagreement (as between ideas, interests, or
purposes) : mental struggle resulting from needs, drives, wishes, or demands that
are in opposition or are not compatible.

Dispute-an argument or disagreement, especially an official one between, for

example, workers and employers or two countries with a common border.

ALTERNATIVE DISPUTE RESOLUTION

Alternative Dispute Resolution refers to processes for resolving disputes other than
litigation. The distinction between the various types of dispute resolution processes,
they can be arranged from the perspective of the level of control the disputants have
over the process the more formal they get the less control the parties have.
1. Dispute Prevention
2. Negotiation
3. Mediation;
4. Hybrid between mediation and arbitration (Medarb)
5. Hybrid between arbitration and mediation (Arbmed)
6. Arbitration
7. Litigation or the trial itself.
There are other mechanisms or processes that exist; there are many trials and early
neutral evaluations. As we examine these processes the following features emerge
• The more formal the process, the higher the level of involvement by a third party
in the process. Parties do not have a say in the process itself but they are bound
by rules of procedure which they have to follow so compared to other processes
like arbitration the element of party participation in arbitration is higher because
 the parties are at liberty to decide which rules of procedure to apply or the venue
etc
• As you approach the more formal processes like litigation, the process is
increasingly formal from the dress that the parties wear, i.e. wigs an gowns in
litigation or judicial process, manner of address, references to magistrates and
Judges as my lord and your honour, the requirement as to pleadings and the
format that they have to meet etc,
• The more formal the process, the more the danger or likelihood of potentially
damaging the relationship between the disputants. The decision that is reached
after the result of a trial is an imposed decision and carries consequences for not
complying with it. Secondly the parties have not voluntarily submitted to that
process. For example in a matrimonial dispute where a husband is forced to pay
alimony to the wife, that kind of decision cannot endear the parties to each other,
the more formal it is the likelihood of destroying the relationships.
• Arguably the more the formal the processes the moreexpensive it is, arguably
because arbitration can be expensive as well, getting the disputes through the
process is very expensive in terms of court fees, lawyers fees etc.
• The standard practice in arbitration is that the arbitrator is paid on an hourly basis
that is not to say that the arbitrator is not at liberty to value his services with that
value of the dispute, he is at liberty to adopt a method of charging that best suits
him.
• The process of litigation tends to take longer. From commencement to the stage
of the dispute resolution the amount of time taken is a lot longer. Rules of
procedure in litigation are rigid and they tend to make a case to last longer than
it should. There is also the backlog and the volume of work that the judiciary
have to go through, it’s a lot.
• Finally the more formal the structure is, the higher the focus on the
disputants’ rights as opposed to their interests. The distinction between interests
and rights is that interests of parties are usually in having a continuous
relationship and when parties litigate their interests are destroyed by virtue of
enforcing their legal rights.
5.3:DISPUTE PREVENTION
One mechanism for preventing disputes is by providing dispute resolution
training. Training that provides people with skills to prevent unnecessary
disputes. If you take a typical case of a husband and wife, how would training come
in to prevent disputes arising? Training maybe in better communication skills.
Second method of dispute resolution is partnering. This requires disputants
involved in a project to meet to discuss how to resolve any conflict which may
arise. If for instance there is a building contract that involves, employer, QS
engineer building contractor etc. these people can meet at their own set of this project
and decide that should conflict arise we will deal with it in this fashion that is
partnering. They can agree for instance that the decision of the architect will be the
final decision.

The other form of dispute prevention is systems design which involves determining
in advance what process would be used for handling conflicts which arise.
NEGOTIATION
Negotiation is any form of communication between two or more people for the
purpose of arriving at a mutually agreeable solution. In a negotiation thedisputants
may represent themselves or they may be represented by agents and whatever the
case, whether they are represented or not represented, they have control over the
 negotiation process. When attempts are made to settle matters out of court involves
negotiations
There are two extreme styles of negotiating. there is what is referred to as the
competitive bargaining style and co-operative bargaining style or hard bargaining
and soft negotiating.
The competitive negotiators are so concerned with the substantive results that they
advocate extreme positions. They create false issues, they mislead the other
negotiator, they even bluff to gain advantage. It is rare that they make concessions
and if they do, they do so arguably, they may even intimidate the other negotiator.
Cooperative negotiators are more interested in developing a relationship based on
trust and cooperation they are therefore more prepared to make concessions on
substantive issues in order to preserve that relationship.
Is negotiation a dispute resolution mechanism that can be applied in all kinds of
situations? Are there disputes that will not be necessarily resolved by
negotiations? There are certain disputes that negotiations would not perhaps assist.
In as far as hard bargaining is concerned, the perceived advantages would be
1. The hard negotiator is likely to get a better substantive especially in circumstances
where such a negotiator is negotiating with a co-operative negotiator;
2. If a negotiator is a professional negotiator i.e. one who is called upon to negotiate on
behalf of parties, he is likely to develop a reputation which will be useful in future
negotiations;
3. The competitive negotiator is not open to easy manipulation;
4. A negotiator of that style is also likely to take initiative and to take a lead role in
negotiations;
Disadvantages
1. The solution that comes out of such hard negotiations is likely to be a fragile one
and therefore not long lasting so the other party is likely to come out of the
 negotiations feeling like maybe they gave too much and this may create ill
feelings;
2. The competitive or hard negotiator may by reason of his approach fail to take an
opportunity to reach a good deal because of the attitude that he must have his way
and a good deal may be put on the table which he does not look at as he does not
want to compromise.bbb
3. It may harm the relationship; it may also create misunderstanding by the fact that
the interests of the party maybe compromised.
4. The competitive bargainer or negotiator is unlikely to be aligned to the concerns
of the other party because the emphasis is no compromise.
SOFT NEGOTIATING STYLE
Advantages
1.Sustaining relationships or good long term relationships;
2.A deal or compromise will be reached when there is a deal to be made;
3.From the perspective of a professional negotiator, it is more likely that people will
want to deal with you.
4.A compromise is likely to be reached sooner and to work quickly either to agree
or disagree.
Disadvantages
1. A good deal may be lost or the opportunity for a good deal may be lost because
the negotiator by the end of the process may feel that they give more than they
should have;
2.There is the possibility of manipulation by the other party.
3.The negotiator may be taken advantage of by the other party;
4.The party may want to get out of the deal later so he may feel sorry and try to get
out of the deal.
5.In the case of a professional negotiator, a cooperative negotiator may not get a very
good name e.g. compromises too much which may not be good for business.
In each of these two styles and based on the mentioned disadvantages, the
negotiators are more focussed on their respective positions than with their interests
and to try and reap the advantages of both the cooperative and competitive
bargaining style, Roger Fisher and William Ury came up with a project at Harvard
Law School and developed what they referred to as principled negotiations.

Principled negotiations require negotiators to focus on the interests of each of the

disputants with the goal of creating satisfactory options for resolution which may be
assessed by objective criteria.
Principled negotiation seeks to take advantage of both cooperative and competitive
styles and avoid the pitfalls or the disadvantages of the two styles.
MEDIATION
Mediation is a non-binding process in which an impartial third party facilitates the
negotiations process between the disputants and it is that impartial third party who
is called the mediator. The mediator has no decision making power, he has no
decision making power and the parties maintain the control over the substantive
outcome of the mediation.
However, the mediator with the assistance of the parties will control the process and
he will with the consent of the parties set and enforce the ground rules for the
mediation process. If in the dispute the two examples that we have looked at we
now bring in a third party as the mediator, he will probably get an overview from
both parties as to what their contentions are. He will then agree with the parties that
each party will be given an opportunity to state their case, they could also agree that
when one party is stating their case, the other party shall not interrupt. The role of
the mediator is not to impose his own solutions and not to even suggest solutions but
that the solutions should be suggested and agreed upon by the parties themselves.
Story telling - the disputants communicate with the mediator to tell their story. The
mediator then assures them that he has heard the story by re stating what each party
has told you and letting them state whether those are the facts as they have stated
them. You re narrate the story. You may then ask them to suggest the way forward
and both parties can state how they want to proceed. Lay down the rules.
The mediator should not descend to the arena but should let the disputants decide
how to conduct the negotiations.
ARBITRATION AND MEDIATION
Arbitration is a process in which a third party neutral, or an odd number panel of
neutrals render a decision based on the merits of the case. The Hybrid of mediation
or the hybrid between mediation and arbitration which is a very rare sort of scenario
is that the third party neutral commences the process in the role of a mediator and if
that does not yield or result in a resolutions the mediation ceases and the mediator
assumes or becomes an arbitrator who then makes a binding decision. In the
arbitration mediation hybrid (arbmed) the disputants present their respective cases
to the third party neutral who prepares or makes a decision, he does not however
share that decision or release that decision to the parties but he keeps it away and
then assumes the role of a mediator. If a result of the mediation, the parties reach a
resolution, he destroys his decision but if the mediation does not resolve in a
resolution then he releases his decision to the parties.
5.4: Causes of conflict in the workplace
Every employee has needs and certain expectations at work, and conflict could
arise in the workplace when people feel that these are not being met or are being
ignored.
What causes workplace conflict?
Conflict in the workplace could be the result of:

• poor management
• unfair treatment
• unclear job roles
• inadequate training
• poor communication
• poor work environment
• lack of equal opportunities
• bullying and harassment
• significant changes to products, organisational charts, appraisals or pay
systems
Major causes of workplace conflict
Other major causes of conflict in the workplace include:

Personality clashes
The 'personality mix' within a team can be upset when a new member of staff joins
or if two colleagues suddenly fall out. Individuals may also respond to difficult or
challenging situations in an unhelpful or unproductive way.

Unrealistic needs and expectations

Conflict at work can often be caused when employers ignore the needs of employees
or set unrealistic expectations. For example, arranging hours that make it difficult
for employees to carry out childcare responsibilities.

Business values
Most people have very clear ideas about what they think is fair, and your
organisation's procedures and policies must reflect this. For example, giving
someone a fair hearing or explaining the reasoning behind a decision.
Unresolved workplace issues
For example, an employee might ask to be moved to another team because of their
manager's 'aggressive' leadership style. However, the employee may have other
reasons - for example, they may blame their manager for a lack of training or career
progression.

Increase in workload
Sometimes workplace conflict is caused because people feel they are being pushed
too hard and resentment sets in if they feel their workload is unmanageable.

5.5:MEASURES TO REDUCE CONFLICTS IN WORKPLACE

1. Provide conflict resolution training. You can reduce the negative impact of conflict by

helping employees develop the skills they need to successfully resolve the conflicts that

occur in their lives. This gives people more confidence in their ability to resolve both

personal and professional conflict. It also makes people more effective at addressing minor

conflicts as they occur, instead of allowing them to become major distractions.

2. Provide communication skills training. By providing communication skills training,

employees can increase their ability to communicate effectively with a diverse range of

individuals, and manage the communication problems that are often at the heart of

organizational conflict.

3. Help staff develop positive work relationships. Give employees a chance to get to know

each other better and to feel more comfortable with each other. This can be done by

providing opportunities for social interaction on a continuous basis, by giving assignments

that put staff into contact with people they don't normally interact with, and by providing

cross-training opportunities.

4. Implement team building activities. You can significantly improve team relationships

and performance through the team development process. Such activities provide an
opportunity for team members to get more comfortable with each other, to identify
 acceptable behaviors and modes of interaction, and to determine how team problems and

conflicts will be resolved.

5. Develop strong communication channels. You can improve communication within a

team or organization by strategically employing informational and problem-solving

meetings, and by utilizing a diverse range of organizational communication tools. Such

tools include face-to-face discussions, e-mail, texting, videoconferences, online meetings,

bulletin boards (both physical and electronic), voice mail and faxes.

6. Create an environment that encourages participation. This can be done through formal

employee involvement programs such as self-directed work teams, and suggestion systems

that ask for employee input and reward people for their participation. This is especially

important because research has shown that employee involvement programs have a

positive impact on both individual and organizational performance.

7. Provide conflict mediation training for leaders. No matter how hard you work at

reducing dysfunctional conflict (conflict that hinders performance and prevents you from

achieving organizational goals), sooner or later it is going to occur. Therefore,

organizational leaders should develop their conflict mediation skills so they can help

employees resolve the conflicts that will inevitably arise.

8. Provide third-party conflict mediation services. There will be times when a manager or

supervisor cannot mediate a conflict between employees. During these times, it helps if

employees feel they have an experienced, objective third-party where they can

confidentially address a conflict situation.

9. Make sure employees are clear about organizational goals and priorities. Generally

speaking, conflicts occur because of differences over facts, goals, methods or values. By

ensuring that employees (especially the members of a given work team) are on the same

page regarding objectives, priorities and plans, you will decrease the chances that
dysfunctional conflict will occur due to differences over facts, goals or methods.
10. Treat everyone fairly. This may seem obvious, but many managers are accused of

preferential treatment, and it is incumbent upon organizational leaders to make sure they

are behaving in an egalitarian fashion. Even the appearance of preferential behavior can

create conflict situations.

 6.FUTURE AND CONTEMPORARY IN
ENGINEERING.
6.1.:Introduction.

Engineering is among the most valued areas of the industry, as it is a necessary field
of specialization for the application of specific techniques. The engineering of the
future is one in which the specific techniques and knowledge of the field work
together with technology.

Engineers are trained to develop solutions and take responsibility for the execution
of projects in different sectors. For more practical and efficient solutions to be
adopted by these professionals, it is important to stay on top of technological
evolution and innovation in the sector.

6.2:What to expect from the engineering of the future?

As in other areas, innovation will be a fundamental requirement for
the engineering of the future. Companies that want to deliver more efficiency,
quality, and better service must embrace technological capabilities.

Innovative tools allow the company to know its processes well, to identify
operational failures or problems, and to be able to apply techniques to minimize their
impacts. In this sense, the environment is one of the factors of greatest concern for
companies in the sector.

Technology allows us to prioritize the attention and care for the environment,
as well as the preservation of human lives. Companies that do not start changing
standards now that do not guarantee efficiency and do not reduce the impact on the
environment will end up losing ground. Therefore, we can expect the engineering of
the future to be more technological and more strategic.

6.3: Technology’s impact on future engineering

Technology is the foundation that will underpin the engineering of the future. Without it,
companies will remain stagnant, without evolving processes, methods, and techniques. An
engineering company that invests in technology is able to evaluate the scenario and understand
what makes sense or not for that moment of the business.

This analysis allows management to identify what makes sense and what doesn’t, and to look
for more efficient and productive solutions to replace the resources used until now.
Technology can impact from the simplest processes, such as communication among professionals,
to the identification of risk scenarios for the company, the environment, and the population.

This means that the evolution of the business is directly connected to the tools that are used in the
company’s routine. The lack of predictive solutions prevents the manager from identifying
possible risks for the company.

Thus, it is not possible to make a decision or adopt an attitude that will change this scenario,
ensuring that norms and conducts are followed, as well as preserving environmental and human
life.

But technology doesn’t just impact these factors. By using technology, companies can achieve
greater gains, while gaining productive and strategic efficiency.

6.4: Key trends for future engineering

Sustainable engineering
Sustainable engineering has recently become a fundamental part of large projects
with an impact on society. For a company to start and deliver a project, for
example, it must comply with specific laws and norms that protect the
environment. Otherwise, in addition to being embargoed, the work can be fined.
Sustainable engineering needs to follow specific strategies to build a project which
reduces expenses, adopts renewable energy, eliminates waste, etc.
Multidisciplinary professionals
Engineering education is no longer enough to qualify a professional. It is necessary
to seek extra knowledge, take other courses and follow the changes in the market
and in consumer behavior, as well as the environmental laws, norms and
regulations that influence the projects.
Companies have been valuing engineers who are able to work on different types of
projects, contributing and helping in the team’s development. This means that
more than knowing the theory, the professional must know the practice to ensure
that it is being well executed.
Engineers with soft skills for dealing with people
Technical knowledge is a characteristic of professionals working in engineering.
However, in the engineering of the future, this alone will not be
enough. Engineers need to develop soft skills that help them work with people,
such as empathy, the ability to put themselves in the other person’s shoes.
Both in the company’s routine and in dealing with the client, soft skills are capable
of transforming relationships, stimulating trust, and enabling the professional
to deal with any kind of adversity.
Process Automation
In the engineering of the future, process automation will be part of the routine.
That’s because more and more companies will see the benefits that automation
offers. When activities and processes are automated, the company reduces costs for
materials and labor, increases its efficiency and productivity, and reduces errors
considerably.
Use of computer simulation in projects
Computer simulation allows scenarios to be analyzed, with the objective of
identifying possible problems in the future, avoiding risks, waste, and other factors
that can negatively impact a project
Engineering companies invest heavily in their projects and can interfere violently
with the environment. But this can be avoided when scenarios are simulated and
present the risks that certain actions can cause.
6.5: Finding job opportunities
6.5.1:General Job description of fresh graduates
• Perform preliminary & detailed survey, design estimation
• Execution of project works
• General job description of fresh graduates
• Perform preliminary & detailed survey, design estimation
• Execution of project works
• Report writing (Progress, feasibility, final, monitoring & evaluation)
• Monitor and evaluate ongoing projects
• Facilitate donor agencies involved
• Execute & perform works and job assigned by immediate superiors
• Execute others engineering job planned
6.5.2: How To Find Engineering Positions

Engineers are professionals who design and create new products. They can
specialize in many areas and find employment with many types of companies. If
you're an engineer looking for a new position, learning about where to look for jobs
can be beneficial. In this article, we explain where engineers can work, describe the
process for finding engineering jobs, answer common questions about these roles
and provide tips for distinguishing yourself in the market.

6.5.3: Where can engineers work?

Where an engineer works can depend on their specialty and skills. These are some
types of engineers and where they can work:
Aerospace engineer
Aerospace engineers design and create the plans and parts for spaceships. They
strive to find new materials and methods to increase efficiency and safety for
vessels going to space. These engineers often work for government agencies to
produce engineering work, but they can also work for private space-related
companies.
Biomedical engineer
These engineers focus on creating new organic compounds and medical products.
Biomedical engineers focus on finding new methods for improving human health
and supporting the treatment and cure of conditions and diseases. They often work
in biomedical manufacturing centers, research facilities and health care institutions.
Chemical engineer
Chemical engineers focus on using chemical components to create new products.
They may design and produce new adhesives, lubricants and fuels. Chemical
engineers can specialize in a certain product and work for industries that produce
them. For example, a chemical engineer who specializes in fuel may work for an
oil or gasoline company to find ways to reduce emissions and make fuel more
efficient.
Civil engineer
These engineers use their skills to design and create projects for public use. Civil
engineers can lead and assist with the construction of bridges, buildings and
transportation systems. Civil engineers often work for the government to assist
with city planning and public systems, but they can also work for private
companies.
Electrical engineer
Electrical engineers work with electrical components to plan, create and assess
electrical equipment. They can improve telecommunications systems and design
power units for devices. Electrical engineers can work in research, in the
manufacturing and telecommunications industries and for development
institutions.
Environmental engineer
These engineers use knowledge of chemistry, biology and the fundamentals of
engineering to improve disposal systems, recycling and public health. An
environmental engineer may choose to specialize in water or air purification
systems for the public. Many environmental engineers find employment with the
government, though they may also work for companies that want to lower their
environmental impact.
Software engineer
Software engineers use coding and computer knowledge to build programs and
applications that serve specific functions. For example, they may create a word-
processing program or 3D modeling application. Software engineers can work for
almost any company that needs specific applications and programs to do their
work. Many software engineers also work for technology companies and at start-
ups.
6.5.4: How to find engineering jobs

Finding an engineering job you enjoy can increase your career satisfaction and
improve your professional opportunities. Depending on your specialty, you may
look for engineering jobs in different places. These are some steps you can follow
to find engineering jobs:

1. Consider what you want from an employer

The first step to finding engineering jobs is determining what you want in an
employer. There are many companies that hire engineers, and developing an idea
of what you're looking for can help you narrow your search. Consider your ideal
compensation and what kind of benefits packages you want. Think about your
work environment preferences and if flexible scheduling and remote work are
important to you, then use those qualifications to narrow your search.

2. Complete specialized engineering internships

During or after school, consider completing specialized engineering internships.

Internships offer the opportunity for the employer to assess your performance. It also
allows you to evaluate the workplace environment and determine if it matches your
needs. Many engineers can sign employment contracts with companies during their
internships. Completing internships also helps you refine your qualifications and
improve your candidacy.

3. Use job board websites to search for jobs

Job board websites are platforms that allow employers to post their open job listings
and available positions. You can use these websites to filter your search for
employment by location, salary and benefits. These websites can be useful because
they allow you to apply to many positions at once and track your application status
in one place. Consider using these websites to create alerts for new jobs in your area
so you can be one of the first to apply.

4. Join professional engineering organizations

Professional engineering organizations are groups of engineering professionals who

support one another. These groups can help you develop your skills, qualifications
and professional network. Many organizations provide resources for finding
engineering positions. You can also add your membership to these groups to your
resume and other application materials to enhance your qualifications. These are
some professional engineering organizations to consider joining:

• National Society of Professional Engineers

• American Association of Engineering Societies
• International Engineering Consortium
• Society of Women Engineers

5. Connect with your professional network

Consider connecting with contacts in your professional network to learn more about
engineering opportunities. Your professional network includes people you know
from attending college, like your peers and professors. It can also include people you
meet during internships and entry-level positions. Consider contacting someone you
trust and asking them about any engineering positions they know of. This can be a
helpful method for finding a new position because the person you speak with may
offer to give you a reference.

6.5.5: What is an engineer's work environment like?

Many engineers work directly with materials to design and build the products they
generate. The work environment can vary depending on an engineer's focus. For
chemical engineers, this means they may interact with hazardous chemicals. Civil
engineers may visit constructions sites and become exposed to hazards like fumes
and dust. Software engineers spend most of their time working on computers and
may experience eye strain.

6.5.6: How much does an engineer make?

How much an engineer can earn may depend on their education, performance and
experience. The national average salary for an engineer is $60,832 per year. An
engineer's specialization can also affect how much they earn. For example, the
national average salary for a chemical engineer is $81,569 per year.

6.5.7: What kind of education do you need to be an engineer?

To become an engineer, you need at least a bachelor's degree in engineering. Many

engineers focus their studies in specific fields, like civil engineering or biomedical
engineering. You may also complete additional certifications and pursue
professional licensure after graduating to qualify for some positions. To pursue
leadership or administration positions, many engineers complete master's degrees
6.5.8: Tips to distinguish yourself in the job market

These are some helpful tips you can use to distinguish yourself in the engineering
market:

• Create a professional engineering portfolio. A portfolio is a collection of

your engineering work, and this can help potential employers see the results
you've produced in the past. This can include designs, prototypes and projects
you've completed, and a website can be a good way to share your portfolio.

• Begin the process before college graduation. If you haven't yet graduated
from college, it's a good idea to begin the job search process. You can
determine what you're looking for in an employer, conduct professional
interviews and use internships experiences.

• Customize each resume and cover letter. If you apply to several

engineering positions at once, be sure to customize your resume and cover
letters. Identify keywords in the job listings for each post and include them to
improve your ability to pass through applicant tracking systems.

• Hire a professional career coach to help. Professional career coaches can

help you refine your application materials and find open positions. They can
also help you practice for interviews and prepare for professional situations.

6.8: Interviews.

An interview is a structured conversation where one participant asks questions,

and the other provides answers. In common parlance, the word "interview" refers
to a one-on-one conversation between an interviewer and an interviewee.

6.8.1: Interview preparation

A lot of your interview preparation will depend on the specifics surrounding the job,
the company, and even who is interviewing you and how.

1. Research the company.

Spend a few hours learning everything you can about the company—from as many
sources as you can. Talk to people in your network to find current and previous
employees, read current news releases, and, yes, spend some time on Google. Often,
candidates just look at the information a company is pushing out on its own website
and social media accounts, but fail to look more in depth at what others are saying.
By looking at multiple sources, you’ll get a broader picture of the company (along
with any negative press), and be ready to talk about why you’d like to work there
and what you can do for them.

2. Learn everything you can about the open position.

Before you can show your interviewer why you’d be a great hire, you need to know
what they’re looking for. Luckily, most organizations have laid out exactly what
they want in an applicant in the job posting. So go back to the description you looked
at before you applied. What skills and experiences are they emphasizing? What
problems will this hire need to solve? These are the things you’ll want to emphasize
throughout your interview.

3. Try out the company’s product or service (if you can).

If the company you’re interviewing for sells a product you can feasibly check out—
try it before your interview (ideally, a few times). If hired, your goal will be to create
value for the people who use that product, and being a user yourself is the first step.
Plus, it’ll help show the hiring manager that you’re truly interested in the role.
4. Learn about the interviewers (without being creepy!)

If you’re not told who you’ll be meeting with during your interview, ask. For each
interviewer, learn what their role at the company is and prep some questions that are
specific to them. You can ask for details about their role, discuss current events
related to their field, or bring up a common interest you know they have outside the
office (just stick to one mentioned in an easily accessible spot, like their company
bio or LinkedIn profile).

5. Find out what kind of interview you’re in for—and prepare accordingly.

Different companies use different types of interviews, so ask what you’ll be faced
with. For example, some companies will have you meet one on one with several
different people at the company, while others might have you meet with multiple
people at once or give an interview presentation. You may also have
a phone or video interview. Asking the recruiter or HR contact about the interview
format ahead of time is totally fair game. And once you know, investing time to
become familiar with this style can make a huge difference.

Brush up on interview skills and common interview questions.

Next, you’ll want to use what you learned to prepare your answers to common
interview questions and practice some interview techniques.

6. Identify your selling points for this job.

Even if you’re a well-oiled interviewing machine, it’s essential to spend time

thinking carefully about what skills, accomplishments, and interview answers will
resonate with your interviewers most for this job. Your management abilities? Your
creativity? Go back to your research and see what makes you most qualified.
7. Be ready to tell the interviewer about yourself.

For every interview, you’ll want to have an answer to “Tell me about yourself” that’s
tailored to this job and company and ready to go. Interviewers almost always ask
this question or a similar one—like “Walk me through your resume”—to start off
the conversation, so you want to make sure you’re getting started on the right foot.

8. Know why you’re interested in this position at this company.

It’s likely you’ll get asked why you’re interested in this particular role and company.
(And if you can’t answer this question, you shouldn’t be in the interview!) So to
make sure you can answer, identify a couple of key factors about the job and the
organization that align well with your strengths, interests, and/or work style and get
you excited about the position. Even if you’re not asked about this specifically, you
can use this to inform your answers to other questions.

9. Do some salary research.

Even if you’re not ready to have the money conversation, you might still get asked
about your salary expectations. To keep yourself from getting caught off guard and
giving (or agreeing to) a way-too-low number, do a bit of salary research to figure
out how you’d answer.

10. Prepare your stories.

Most interviewers will ask at least a few behavioral questions, that is, questions
about how you’ve acted or would act in certain scenarios. While you can’t anticipate
every possible situation you’ll be asked about, you can prepare a few stories about
your past work experiences that you can adapt as needed.
11. Familiarize yourself with the STAR method.

Whenever you’re answering interview questions with a story, you want to make sure
that story is well structured and the takeaway is clear. Your goal should be to give
your interviewer all the context they need to understand what happened while still
answering the question clearly and concisely. One way to do this is using the STAR
method. STAR stands for:

▪ Situation: Briefly lay out the scenario using just enough detail that the
interviewer will understand the stakes and everything else in your answer.
▪ Task: Talk about what your role in the situation was.
▪ Action: Discuss what you did and why.
▪ Result: Tell your interviewer about the outcome and what you learned.

Note that for some questions you might want to tweak this structure slightly. For
example, if you’re talking about a time you demonstrated leadership skills, consider
defining what leadership means to you before jumping into the situation. But the
STAR method will ensure your stories always have a beginning, middle, and end.

12. Jot down important numbers and details.

Don’t forget about the numbers! Find some revenue figures, engagement numbers,
budget or team sizes, percentages of time saved, or anything else you can use to
communicate your impact. Throwing in some hard numbers when talking about your
responsibilities and accomplishments or answering behavioral interview questions
really sweetens the deal and helps you tell a hiring manager why you’re so awesome.
You can even write them down so you can refer to them during the interview. (Here’s
how to quantify your accomplishments, even if you don’t work with numbers.)
13. Brush up on your interview skills.

How well you answer interview questions isn’t everything—though it is a

lot. Interviewers are also consciously or subconsciously picking up on how well you
use other interview skills such as active listening, small talk, and empathy. These
skills not only help you impress an interviewer, but also give them a sense of what
it might be like to work you as a colleague.

14. Practice—but don’t memorize—your answers to common interview

questions.

You can and should familiarize yourself with common interview questions—but
don’t prepare by writing out your entire answer; instead, jot down a few notes or
bullet points and keep them on hand for the interview itself. You’ll ensure you cover
the bases—without reading from a script. Practice looking in the mirror and
answering them out loud. This prep work will help you clarify your thoughts and
make you much more comfortable during the interview.

15. Think about body language.

Brush up on what certain body language conveys. Be aware of what you’re

communicating through your posture and stance—and make sure it’s good. (For
example, sitting with your arms and legs crossed sends a message that you are
closed-off or feel defensive.) Think your movements through ahead of time so
you’re not distracted (or distracting) during the interview. If you’re on video, think
about how you’ll show that you’re actively engaged in that format—putting the
Zoom window near your camera so you’re not looking away from your interviewer,
for example, or making non-verbal gestures or expressions to show that you’re
listening without cutting off their microphone.
16. Try some mock interviews.

If you have the time, do a few mock interviews with a friend or loved one. You’ll be
much better at answering, “What would you bring to the position?” the 100th time
you do it and you’ll know ahead of time where you want to put your hands or how
you want to sit.

17. Write down questions you’ll ask them.

Most interviews will wrap up with “Do you have any questions for me?” and you
should absolutely have some questions. You can start with this list of interview
questions to ask, but you should also plan some questions that are very specific to
the job and company. And prepare more than you think you’ll need—you don’t want
to ask questions that have already been answered or be left without any backup
options if the interviewer already touched on your first two questions during your
conversation.

18. Plan for what you’ll do if you’re caught off guard.

You can’t prepare for everything, but you can prepare to handle the unexpected—
like an interview question you don’t know how to answer. For example, you can
come up with a go-to phrase that’ll help you avoid dead air if you need time to stall
and gather your thoughts. Two strategies that work well are repeating the question
thoughtfully before answering or saying (slowly), “Now, that is a great question. I
think I would have to say…"

19. Prepare for technical interviews or skill tests.

If you’re getting ready for a technical interview or you’ve been told there will be a
skill test during your interview, start preparing and practicing as early as possible.
Working through a prep book or sample questions will not only give you good
practice, but it’ll also put you in the right problem-solving mindset.

Get ready to present yourself well and figure out all of the interview logistics.

Once you’ve prepped for the content of your interview, it’s time to make sure you
walk in looking put together and feeling confident.

20. Figure out what to wear.

Unless you’re prepping for a phone interview, you’ll need to take your physical
appearance into account. (And yes, for video interviews, that does include pants.)
Not sure what to wear? Ask a contact at the company if you have one or scope out
photos on their social media or Muse profile and dress at least as professionally as
employees do. For example, for a casual environment, business casual is appropriate
for an interview.

21. Look appropriate and professional.

Don’t forget the little things. Make sure your outfit is cleaned, ironed or steamed,
and tailored if needed (a modern fit is best). Shine your shoes, check for loose hems,
and make sure your fingernails look neat. Do a little pampering, because looking
your best helps you feel your best. If that means you need a facial, haircut, shave, or
even a new interview outfit then by all means go for it! If you can’t afford an
appropriate outfit, you can check out a local Goodwill or thrift store or search for
services in your area that provide free or discounted interview clothes for people
who are out of work. Feeling good about yourself will boost your confidence—and
we probably don’t have to tell you that confidence is key to landing the job.

22. Print out copies of your resume.

If you’re going to an in-person interview, you’ll want to bring enough copies of your
resume for everyone you’re meeting with plus one to refer to yourself. However, if
you have a phone or video interview it can still be useful to print out a hard copy of
your resume to easily refer back to.

23. Prepare a reference list.

Prepare a reference list, whether you think you’ll be asked for it or not. For each
reference, include a name, title, organization, division or department, telephone
number, and email address, as well as a sentence briefly explaining the relationship
(e.g., “Carlton was my team leader for two years, during which we collaborated on
four major product launches”). If you have an in-person interview, a hard copy is a
good idea, and for any later-round interview, being prepared to send off the file as
soon as you’re asked for it shows how you prepare ahead of time.

24. Test any needed tech.

If you’re doing your interview over the computer or the phone, make sure ahead of
time that all the needed hardware, software, and network connections are working
smoothly. If you can use headphones with a microphone, do so, and make sure
they’re connected before the interview begins.

25. Pack your bag ahead of time.

Whatever purse, backpack, or briefcase you carry should be large enough to hold
your everyday essentials, plus your interview musts, such as extra resumes and a
notepad, as well as a special emergency kit stocked with what you might need in an
unexpected situation (think: Band-Aids, a stain stick, an umbrella, and breath mints).
Here’s a general checklist of what to bring to an interview so you’re super prepared.
And clean out that bag! If you have to dig past candy wrappers, phone chargers, and
old receipts to get that resume, you’re going to look a little disorganized.

26. Figure out where you’re going and how you’re getting there.

Whether you’re driving or taking public transportation, make sure you look up your
route ahead of time (including where you’ll park). Buy any needed tickets, add
needed money to your metro card, fill up your tank, or do anything that could slow
you down on the way to your interview. Know how long it should take you to get
there and add plenty of extra time in case of traffic or transit delays.

27. Prepare your environment (if needed).

If you’re doing a remote interview, you’re responsible for your environment, so

make sure that you’re in a quiet place without distractions and that anything you’ll
need to reference during the interview is laid out in front of you along with a notepad,
working pen, and beverage. For video interviews, you’ll also need to pay attention
to what’s going on behind you, so choose a plain or non-distracting background to
sit in front of and make sure your shot is free of clutter and well lit ahead of time.

28. Fill in an interview cheat sheet.

You can use an interview cheat sheet to compile all the details you need to
remember, jot down notes about what you want to say and ask, and check off all the
essentials of what to bring to the interview. Print one out for every interview, read it
over the morning of, and you’ll be good to go! (We made one for you right here!)

29. Get a good night’s sleep.

This sounds like something your mom would tell you, but there are few things that
will throw you off your game like sleep deprivation.

30. Calm your nerves and/or get psyched.

Immediately before the interview (or as close to the time as possible) you’ll want to
get yourself in the right headspace. Expect to be nervous and plan ahead of time to
use whatever tools you need. These methods are different for everyone, so think
about what’ll work for you. Maybe there’s a friend who can pump you up (or talk
you down) over the phone or text or a song that always makes you feel like you can
do anything. Perhaps you need to do some breathing exercises or give yourself a pep
talk in your car. Whatever will get you ready to go into your interview confident,
calm, positive, and ready to ace it.

6.8.2: Tips for a Successful Interview

The impression you make on the interviewer often can outweigh your actual
credentials. Your poise, attitude, basic social skills, and ability to communicate are
evaluated along with your experience and education.

You and the interviewer must engage in a conversation - a mutual exchange of

information and ideas. Only through such a dialogue can you both determine if
you, the organization, and the job are well matched. Preparation is the key.

Be on time.
This often means 10-15 minutes early. Interviewers often are ready before the
appointment.

Know the interviewer’s name, its spelling, and pronunciation.

Use it during the interview. If you don’t know the name, call beforehand and ask
the secretary. Also, note the secretary’s name in case you have to call back.
Secretaries can influence the hiring decision!

Have some questions of your own prepared in advance.

There is nothing wrong with having a short list of questions and thoughts- it shows
you have done your research and want to know more about the organization and
the position.

Bring several copies of your resume.

Also, bring a copy of your transcript. Carry your papers in an organized manner.

Have a reliable pen and a small note pad with you.

But do not take notes during the interview. However, immediately afterward, write
down as much as you can remember, including your impression of how well you
did.

Greet the interviewer with a handshake and a smile.

Remember to maintain eye contact (which does not mean a stare down).

Expect to spend some time developing rapport.

Don’t jump right in and get down to business. Follow the interviewer’s lead.

Don’t be embarrassed if you are nervous.

As you gain experience you’ll become more at ease with the interviewing process.

Focus.
On your attributes, your transferable skills, and your willingness to learn; don’t
apologize for a lack of experience; describe your strengths in terms of what you
can do for the organization.
Tell the truth.
Lies and exaggeration will come back to haunt you.

Listen carefully to the interviewer.

Be sure you understand the question; if not, ask for clarification, or restate it in
your own words. Answer completely and concisely. Stick to the subject at hand.

Never slight a teacher, friend, employer, or your university.

Loyalty ranks high on the employer’s list.

Watch your grammar.

Employers are interested in candidates who can express themselves properly. Even
if you have to go slowly and correct yourself, accuracy is preferred over
ungrammatical fluency.

Be prepared for personal questions.

Some interviewers may not know what they can and cannot ask legally. Anticipate
how you will handle such questions without losing your composure.

Wait for the interviewer to mention salary and benefits.

To research pay scales, refer to salary surveys and information on the Career
Services website on in the career library.

Don’t expect a job offer at the first interview.

Often you will be invited to a second or even third interview before an offer is
made several weeks later.

Close on a positive, enthusiastic note.

Ask what the next step will be. Thank the interviewer for his/her time and express
your interest in the job. Leave quickly and courteously with a handshake and a
smile.

No interview is complete until you follow up with a thank-you note.

Express your appreciation for the interview and, if true, reaffirm your interest. This
last step can make a difference. Don’t forget it.

6.8.3: Common mistakes of interviewees.

• Unprepared for interview – lack of knowledge of the organ. and/or available

positions. Did not research the organization
• Overbearing – over aggressive – conceited – superiority complex – know-it-all
• Inability to express self clearly and explain strengths – poor communication skills
• Lack of career planning – no purpose, goals or direction, not focused on what he/she wants to
do
• Asks no questions about the job/company
• Lacks involvement in campus activities
• Does not belong to professional association associated with his/her major
• Poor communication skills – uses slang – improper grammar
• Lack of enthusiasm, doesn’t smile, appears uninterested
• Poor appearance – inappropriately dressed for interview
• Lack of confidence – nervousness (to a fault) – ill at ease
• Overemphasis on money
• Poor academic record
• Expect too much too soon; unwilling to start at the bottom
• Makes excuses – evasiveness
• Lack of tact, courtesy & maturity
• Condemnation of past employers
• Poor eye contact
• Limp handshake
• Candidates who are merely “shopping around”
• Candidates who want job only for short time
• Lack of or little sense of humor
• No interest in organization or in industry
• Too much emphasis on whom one knows – trying to impress
• Unwillingness to relocate
• Strong prejudices
• Narrow scope of interests
• Little or no interest in community activities
• Inability to take criticism
• Late for interview without good reason
• Indecisive
 CONTEMPORARY ISSUES IN ENGINEERING.

Globalization & Cross Cultural Issues

What Is Globalization?

Globalization is a process of interaction and integration among the people,

companies, and governments of different nations, a process driven by international
trade and investment and aided by information technology. This process has effects
on the environment, on culture, on political systems, on economic development and
prosperity, and on human physical well-being in societies around the world.

Globalization is not new, though. For thousands of years, people—and, later,

corporations—have been buying from and selling to each other in lands at great
distances, such as through the famed Silk Road across Central Asia that connected
China and Europe during the Middle Ages. Likewise, for centuries, people and
corporations have invested in enterprises in other countries.

But policy and technological developments of the past few decades have
spurred increases in cross-border trade, investment, and migration so large that
many observers believe the world has entered a qualitatively new phase in its
economic development. Since 1950, for example, the volume of world trade has
increased by 20 times, and from just 1997 to 1999 flows of foreign investment nearly
doubled, from $468 billion to $827 billion. Distinguishing this current wave of
globalization from earlier ones, author Thomas Friedman has said that today
globalization is “farther, faster, cheaper, and deeper.”

This current wave of globalization has been driven by policies that have opened
economies domestically and internationally. In the years since the Second World
War, and especially during the past two decades, many governments have adopted
free-market economic systems, vastly increasing their own productive potential and
creating myriad new opportunities for international trade and investment.
Governments also have negotiated dramatic reductions in barriers to commerce
and have established international agreements to promote trade in goods, services,
and investment. Taking advantage of new opportunities in foreign markets,
corporations have built foreign factories and established production and marketing

arrangements with foreign partners. A defining feature of globalization, therefore,

is an international industrial and financial business structure.

Technology has been the other principal driver of globalization. Advances in

information technology, in particular, have dramatically transformed economic life.
Information technologies have given all sorts of individual economic actors—
consumers, investors, businesses—valuable new tools for identifying and

pursuing economic opportunities, including faster and more informed analyses

of economic trends around the world, easy transfers of assets, and collaboration
with far-flung partners.

Globalization is deeply controversial, however. Proponents (supporters) of

globalization argue that it allows poor countries and their citizens to develop
economically and raise their standards of living, while opponents of globalization
claim that the creation of an unfettered(unrestricted) international

free market has benefited multinational corporations in the Western world at

the expense of local enterprises, local cultures, and common people. Resistance to
globalization has therefore taken shape both at a popular and at a governmental
level as people and governments try to manage the flow of capital, labor, goods, and
ideas that constitute the current wave of globalization.

Summary:

• Globalization is a process of interaction and integration among the people,

companies, and governments of different nations.

Effects of Globalization:

1. Permanent economic shift

2. Increasing homogeneity

3. Job insecurity in developed countries

4. Fluctuation in price due to competitive market

5. Cultural degradation due to influence of modern culture

Cross culture - Identification

The meaning of cross-cultural lies in the impact that culture has on an individual and
his community, and the effects of this impact when different cultures are combined.
The culture in which a person is raised plays a significant role in shaping his
values, morals, behaviors and attitudes. These characteristics impact how a
person thinks, and what his overall mind-set is toward the world around him. When
a person is met with the principles and ideals of a different culture, a cross-cultural
interaction takes place.
- Culture refers to the ideas, customs and social behavior of the particular
people or society.

- Cross culture is defined as the initiative to increase understanding of different group

or society so as to develop effective communication and marketing efforts to reach
out customers outside its traditional market.

- It refers to the forms of interaction between members of different cultural groups.

- The successful international trade depends upon the smooth interaction of

employees from different cultures and regions. So, positive cross cultural experience
is very important.

- Cross cultural competence helps the individuals to adapt effectively in cross

cultural environments.

Cultural Differences

Cultural differences can become most apparent when people from different cultures
interact socially or in circumstances involving business. Personal space, demeanor,
time, forms of address and gestures are possible areas where cross-cultural
differences can come into play. For example, norms surrounding personal space can
vary from culture to culture. Personal space has to do with the acceptable distance
that exists between one person and another during conversational exchanges. While
an American may have a one- to two-foot comfort zone, someone of a different
culture may consider six inches to be an acceptable personal area.

Cross-Cultural Communications
Cross-cultural communication exists when people from differing cultures have
reached a certain degree of understanding regarding their differences. For
understanding to take place, both people must have some form of knowledge or
awareness regarding the norms or customs that exist in each other's culture. Verbal
and nonverbal communications can contain implied meanings, as well as certain
degrees of symbolism. For successful communication to take place, background
knowledge concerning values, norms and perceptions is necessary in order for clear,
effective communication to take place.

The impact different cultures have on people's behavior, emotions and thought
processes is the focus of cross-cultural psychology. The norms and values within a
culture go a long way toward shaping a person's psychological make-up and how
she interacts with her environment. The social structures, manners and values
within a culture determine what types of experiences a person has had. These
experiences work to shape perceptions, expectations, as well as a person's sense of
identity within the context of society.

Cross-Cultural Research

Cross-cultural research examines how different cultures compare in terms of

human behavior. The purpose of this research is to address the growing conflicts
and global concerns that arise as a result of cultural differences. Statistical data is
compiled to determine how prevalent particular norms or customs are within a
culture. This helps with determining how influential particular customs are within
the workings of a society. Steps to bridge communication differences are addressed
by understanding how customs develop and how they affect the behaviors that take
place within a society.
 CONTRACT LAW.
• An agreement between two or more competent parties in which an offer is made
and accepted, and each party benefits.
• Agreement concluded between two or more parties for performing /not
performing any work
• If any person or firm advances any proposal to any other person or firm
and latter gives his/their consent, they shall be deemed to have a contract
• It is done to seek a legal action/remedies any parties breached the agreement
• In extensive sense, it includes every description of agreement, or
obligation, whereby one party becomes bound to another to pay a sum of money
or to do or to omit to do a certain act
• It is an act which contains a perfect obligation
Agreement:
• It is the acceptance to the offer(proposal) with or without any conditions
• It does not have any legal obligations
Essential elements of contract
1. Offer and acceptance:
In simple expressions, offer is a promise made by one party (or a person) to
another party ( or a person). The party who made promise is called “offeror” and
the party whom to whom a promise has been made is called “offeree” As per contract
act, the offer made by a person to another person with the intention of getting
approval to do or not to do any business. Similarly, acceptance has been in the Act
as the consent given by the offeree to the matters in the offer in the same spirit of the
offeror.
Competent parties: parties or person who make contract must be competent
according to law
3. Mutual intent to enter into contract:
Both parties in a contact shall have intentions to establish a legal relationship.
Therefore, agreements made without the intentions of establishing legal
relationship cannot be considered as contract. A social, family and even
commercial agreement that has no intention of establishing legal relationships can
be taken as example.
Consideration:
Consideration can be described as something of value that is exchanged by
contracting parties (D.L Martson , Law for professional engineer, 1996). As per
contract act , consideration means the promise of doing or not doing anything
because of doing or not doing the work stated in the offer. In general, the court does
not see for the adequacy of the consideration.
Capacity to contract:
The parties need to have capacity to contract. As per contract Act , except the
following person, all others persons are capable to contract. a. Person below 16
yearsb.Person not in own control (mad senseless )
Lawful purpose:
Contract must have lawful purpose otherwise; law cannot enforce it. As per contract
act , contract becomes void if there is an an illegal objective or consideration in the
contract.
a. Lawful consideration b. Law full object
Free consent:
The parties in a contract should have given free consent that is without any
correction, undue influence, fraud, misrepresentation etc. In such cases the party
suffering damage may make the contract void.
Possibility of performance:
Any contract should be within possibility of performance. The law does not
consider legal of the contract work is not within possibility of performance.
Certainty:
Contractual conditions must not be unclear and unlimited. Both parties under the
contract must have understood the term and conditions
Elements of Contract - Summary:
• Two or more competent parties
• Offer & acceptance
• Intention of creating legal relation by both parties
• Considerations
• Capacity to contract/competence to contract
• Free consent
• Lawful purpose
• Possibility of performance
• Verbal or written and registration
Importance of contract:
➢ To make an agreement legally enforceable
➢ To record the terms of agreement
➢ To specify what the contractor/supplier/service provider must do & what the
owner must pay
➢ To specify the quantity & quality of work to be done
➢ To specify the time frame within which the work is to be completed and payment
to be made
➢ To specify the means, methods/mode, terms and time of payment
➢ To identify the parties to the agreement
➢ To identify the official agent or representatives of parties to the agreement and
define their authority
➢ and responsibility
➢ To set out in advance the courses of action that will be taken in different possible
situations
➢ To define words and establish common meanings
➢ To define what is and what is not included in contract
➢ To specify how the contract will be terminated
➢ To specify the responsibilities of the parties not just to each other but to
third parties such as government, community in which work is to be done,
workers, sub-contractors, material suppliers, unions, etc.
Types of contract (Classification of contract) :
(I)With respect to mode of creation
1) Indirect contract:
Notwithstanding anything contained elsewhere in thisact, a contract shall be deemed
to have been concluded as follows in the following circumstances:
(a) In case a person who is incompetent to conclude a contract under this Act or other
prevailing Kenyan law, or any other person who is to be maintained by him/her
is provided with any material, commodity or service which material commodity
service paid from the property of such he/she needs and that is consistent with
his social status, to have the cost of such person to the person so meeting his/her
need.
(b) In case any person, who is concerned with the payment or nonpayment of any
amount to be paid
by another person under the prevailing Kenyan law makes such payment
him/herself, to have that payment repaid to him/her from the property of the person
who is actually under obligation to make the payment.
(c) In case any person gives anything to another person, or employs him/her in any
work, to pay the appropriate cost or remuneration.
(d) In case any person keeps under his/her personal possession any property
belonging to another person that may be kept as such under the law, to keep that
property as a bailment property.
(e) In case any person pays any amount (to any person) by mistake, to refund the
same.
2) Contingent contracts:
(a) In case a contract has been concluded to performing or not to perform any work
if any event happens in the future, the contract shall not create any liability until such
event happens.
(b) In case a contract has been concluded subject to the condition that it shall be
deemed to have been concluded in case person performs any specified work in the
future, no liability shall be deemed to have emerged from that contract if such person
does anything in such a manner as not to perform that work or acts in such a manner
that the work cannot be performed.
(c) In case a contract has been concluded to perform or not to perform any work if
any uncertain event does not happen in the future, liability under that contract shall
emerge only after the happening of that event becomes impossible.
(d) In case a contract has been concluded with a provision to perform or not to
perform any work if any event happens within a specified period in the future, the
contract shall be deemed to have become invalid after the happening of that event
becomes impossible within the specified period or after the expiring of that period.
(e) In case a contract has been concluded with a provision to perform or not to
perform any work if any event does not happen within a specified period in the
future, liability under such contract shall emerge if that event does not happen within
that period or if it becomes certain that the event will not happen within that period
(II) With respect to legal relationship [Valid/Void/Voidable]
1) Valid Contracts:
A contract that complies with all the essentials of a contract and is binding
and enforceable on all parties.
2) Void Contracts:
The following contracts shall be void:
(a) A Contract preventing anyone from engaging him/herself in any occupation,
profession or trade which is not prohibited by prevailing law. Provided that a
contract shall not be deemed to have been concluded in preventing profession
or trade in the following circumstances:
(I) A contract preventing the seller from engaging him/herself in a profession or
trade at the time and place as mentioned in the contract concluded between the buyer
and the seller on selling and buying of the goodwill of any trade;
(II) A contract concluded among partners in preventing their engagement in any
trade or business, other than those of the partnership firm, similar to those of
the partnership firm or any other trade or business together with other competitors
belonging to the same kind of trade or business as long as the partnership continues.
(III) A contract concluded among the partners in preventing them from engaging in
a trade or business under the partnership firm for the specified time or place after
being separated from the partnership;
(IV) A contract preventing any individual from receiving the service of any such
agency, company, firm, individual or competitor of such agency, company, firm, or
individual for the specified period of time after the retirement from service or during
the service of such agency, company, firm or individual pursuant to contract
concluded by any individual with any agency, company, firm or individual.
(b) A contract restraining marriages other than those prohibited by the prevailing
law.
(c) A contract preventing any one from enjoying the facilities already being enjoyed
by the general public.
(d) A contract seeking to prevent the legal rights of any person from being enforced
by any government office or court.
(e) A contract concluded in matters, contrary to or prohibited by the prevailing law.
(f) A contract concluded for immoral purpose or against Public morality or public
interest.
(g) A contract which cannot be performed because the parties there to do not exactly
know about the matter in relation to which it has been concluded.
(h) A contract which is considered impossible to fulfill even at the time is concluded.
(i) A contract which is vague as it does not provide reasonable meaning thereof.
(j) A contract concluded by an incompetent person to conclude such contract.
(k) A contract concluded with an unlawful consideration or objective.
3)Voidable Contracts: (Coercion/Undue influence/Fraud/Deceit)
(1) The following contracts may be made void by the aggrieved party:
(a) A contract concluded through coercion:
Explanation
A person shall be deemed to have indulged in coercion if he/she, with the objective
of compelling any person, to accept any contract against his/her will, withholds or
threatens to withhold property belonging to him/her, or threatens to defame
him/her, or takes or threatens to take any other action in contravention of
prevailing law.
(b) A contract concluded through of undue influence:
Explanation
(I) Undue influence means influence exercised by a person upon another person who
is under his/her influence and is amenable to his/her personal benefit or interest.
(II)Without prejudice to the generality of Clause (1), the following persons shall be
deemed to be under the influence of any person and amenable to his/her wishes:
(1) A person living under his/her guardianship, protection or custody.
(2) a persons who cannot take care of their interest temporarily or permanently by
reason of old age,sickness or physical or mental weakness.
(3) A person who can be subjected to under one's economic or ranking influences.
(c) A contract concluded through fraud:
Explanation
A party to the contract or his/her agent shall be deemed to have committed fraud if
he/she, leads the other party or his/her agent to believe or takes any action to believe
the particular matter is true, although he/she knows that it is false, or suppresses any
information in his/her possession, or indulges in any other fraudulent act punishable
under prevailing law, with the intention of deceiving the opposite party or
his/her agent.
(d) A contract concluded through deceit:
Explanation
(1) Any of the following act shall be taken as deceit:
(i) Submission of false particulars on any matter without reasonable basis for doing
so;
(ii) Misleading any party so as to aggrieve him/her;
(iii) Causing any wrong deliberately on the matter of contract;
(2) In a case of a voidable contract under this section, the following matters shall
be dealt with as prescribed below:
(i) The party caused to enter into a contract may, instead of making the contract
void, demand his/her position to be remained the same, as it was prior to conclusion
of the contract.
(ii) Burden of proof of innocence of undue influence shall be rest in the party who
claims that such contract is not concluded under an undue influence in case a contract
is concluded with.
Difference between Void and Voidable
When dealing with contracts, the terms void and voidable are widely used. A void
contract is considered to be a legal contract that is invalid, even from the start of
signing the contract.
On the other hand, a voidable contract is also a legal contract which is declared
invalid by one of the two parties, for certain legal reasons.
While a void contract becomes invalid at the time of its creation, a voidable contract
only becomes invalid if it is cancelled by one of the two parties who are engaged in
the contract.
In the case of a void contract, no performance is possible, whereas it is possible in a
voidable contract.
While a void contract is not valid at face value, a voidable contract is valid, but can
be declared invalid at any time.
A contract can become void if it involves any illegal activity, if the contract is made
in such a way that it cannot be executed, or if the contract is not properly
structured. An example of a void contract is a contract between a drug dealer and a
buyer. This type of contract is void because it involves an illegal activity.
There are many reasons attributed to a voidable contract. It is a situation where one
party of the contract may repudiate it. A contract involving minors is an example of
voidable contract. Although minors can enter into contracts, these agreements cannot
be enforced, as minors are at liberty to change their stand.
While a void contract is nonexistent and cannot be upheld by any law, a voidable
contract is an existing contract, and is binding to at least one party involved in the
contract.
Summary:
1. While a void contract becomes invalid at the time of its creation, a voidable
contract only becomes invalid if it is cancelled by one of the two parties who are
engaged in the contract.
2. A contract can become void if the contract involves any illegal activity, if the
contract is made in such a way that it cannot be executed, or if the contract is not
properly structured.
3. A voidable contract is where one party in the contract may repudiate it.
4. A void contract is nonexistent and cannot be upheld by any law. On the other
hand, voidable contracts are existing contracts, and are bound to at least one party
involved in the contract.
C) For consultancy services (LSC/TBC/PBRC/PC/IDC)
(a) Lump sum contract:
A lump sum contract may be entered into for procuring consultancy service
for a clearly defined assignment, the quality of which can be readily assessed, with
minimum risks to the consultant, such as feasibility studies, project design and
preparation of tender documents. This contract shall provide that the consultant is
to submit a report to the public entity upon performing the assignment of
specified technical characteristics set forth in the terms of reference within the
specified period and the entity is to pay remuneration to the consultant for the same.
(b) Time based contract:
Where it is difficult to estimate the period of consultancy service such as supervision
of construction works, management of complex business institutions or design of
complex structures such as dams and tunnels, a time based contract may be entered
into for such service. This contract shall provide that the consultant's remuneration
shall be based on:
(a) Amount to be set upon multiplying the rate of remuneration set forth in the
contract by the actual time spent by the consultant in executing the assignment,
(b) Reimbursable expenses using actual expenses supported by bills, receipts.
(c) Performance based remuneration contract:
If it is required to procure consultancy service on conditions that the consultant shall
be called as and when required to perform the assignment set forth in the
procurement contract or remuneration is to be paid based on the assignment
executed by the consultant, a performance based remuneration contract may be
entered into. The remuneration of the consultant shall be as set forth in such contract.
(d) Percentage contract:
A percentage contract may be entered into for procuring goods inspection service,
architect service, supervision or monitoring service or similar other service. This
contract shall provide that consultant's remuneration is to be paid on the basis
of the percentage of the estimated or actual cost of the concerned construction
work or project or the cost of goods procured or inspected.
(e) Indefinite delivery contract:
An indefinite delivery contract may be entered into for the procurement of a
consultancy service as and when required on a particular activity such as adviser
required from time to time for the implementation of a construction work,
adjudicator or arbitrator for the settlement of any dispute relating to the procurement
contract, adviser on institutional reforms or procurement and technical problem
shooter. This contract shall provide for the following matters:
(a) The contractor shall perform the assignment set forth in the contract at the rates
stipulated in the procurement contract as and when the public entity so requires,
(b) Remuneration shall be paid on the basis of the time actually used by the
consultant in the performance of assignment.
Types of contract: Summary
1. Mode of creation of contract
b. Expressed and implied contract
Direct and indirect contract
d. Formal and simple contract
2. Performance of contract
a. Executed and executory contract
3. Origin of the liability of the parties
a. General, quasi and contingent contract
4. Nature of contractual liability
a. Unilateral and bilateral
5. Nature of offer
a. Contract in particular and general
6. Enforceability of contract
a. Void agreement
b. Void contract
c. Voidable contract
d. Unenforceable contract
e. Illegal contract and
f. Lawful or valid contract.
Factors to be considered in preparing contract:
1) The contract must be fair
Since it is usually the owner who prepares the contract, there is tendency for a
contract to be biased in the owner's favor. We must be careful about this. It is
important to honestly look at the motives that both parties have for entering into
contract.
The owner wants to have his project constructed. &the contractor wants a profit.
Both of these are legitimate motives, and the contract drawn up between the two
parties must protect both interests, the owner who takes advantage of the contractor
by writing an unfair contract will pay for this advantage. He pays in several ways.
The first way will be through high tender prices. Since the contractor feels that the
contract terms make it difficult or risky for him to earn a profit, he will naturally
charge more money to cover his risks and difficulty.
If there is a lot of competition for a contract, so that the contractor can't submit a
high bid in order to cover his increased difficulty and risks, prudent contractors will
refrain from tendering at all. This leaves the ownerwith tenders from imprudent
contractors these contractors will have to bid low, and resort to other methods to
make their profit margin. They might resort to making excessive claims for extra
payment, reducing services to the owner, or cheating.
One of the worst consequences of an unfair contract is that the contractor won't take
it seriously. From the very beginning of the project, he will have no intention of
working according to the contract. This kind of situation sets the scene for two
possible working relationships between the contractor and the construction manager.
One in which the owner must fight with the contractor at every stage of contract in
order to prevent bad practices (which often leads to default and/or litigation).
One in which the contractor tries to gain the favor of the manager so that the manager
will overlook the contractor's bad practices (which often leads to corruption and
bribes).
Quite clearly, neither of these cases serves the interests of the project. Fairness then,
is one of the main qualities that a manageable contract must have.
2) The contract must be clear
The intention of the contract is to communicate precise information to people who
must act on it.
Construction errors are costly and difficult to correct. There is no need to use
confusing legalisticlanguage in a contract. Contract language must be clear and
precise. It does not have to impress anyone with the use of "therefore", "whereas",
"herein after", or any other terms that don't serve the interests of clarity.
3) Contract language must be consistent
We often see contracts that use five or more words to refer to the same thing or
person. This can be quite confusing. There is no need to use: the owner, the project,
the party of the first part and the client, when all of these mean the same thing. In
literature, variety is important. In writing contracts the need for clarity comes
first.Similarly, we must take care not to call two different things by the same
name. Drawings, contracts drawing, approved drawings, plans, shop drawings,
working drawings, detail drawings, design drawings etc. must be defined and used
in restricted way.
4) Do not repeat (No repetition)
Unless there is some special reason for doing so, there is no need to put the same
requirement or term in three different places in the same contract. This can lead to
difficulty later on if you need to change the term. The working rule is:SAY IT ONCE
- SAY IT IN THE PROPER PLACE - LET IT BE.
5) Use each part of the contract for its proper purpose
Don't put technical specification in the General Conditions. Don't put commercial
terms in the Technical Specifications. This makes it difficult to find specific
information when it is needed. One common error is worth special mention. Don't
make notes on a drawing when the same purpose could be served by writing a
requirement into the Technical Specifications. If a change has to be made in the
future, it is much easier to make a change in the Technical Specifications that it is to
revise every set of drawings that had been issued.
6) Contract information must be retrievable
Remember that the contract is going to be used to guide and manage the construction
process. It is not enough to put the right information into the contract; users have to
be able to find it when they need it and they have to be able to find it quickly. Number
each article, each section, each clause, each page. Provide a clear index.
7) Use foresight: Try to foresee any possible area of confusion and clear them up in
advance.
8) If you want it, get it in the contract (Get it what you want)
The contractor cannot read your mind. If the contract does not clearly state that
something is to be done, do not expect the contractor guess that you want it done.
The contractor is not giving things away. He is in business to make a profit. When
he submits a tender, he is bidding on the work specified in the contract. It does not
matter whether you think. It is obvious that a BASE COURSE must be
provided, if it is not specified in the contract, it is not part of the contract. If it is not
part of the contract it is not included in the contract price. If it is not included in the
contract price it is an extra cost item.
Conditions of contract:
Whatever agreement is reached between different parties, it is followed by certain
terms and references (conditions) that bind all the parties reaching the agreement.
This helps for the ease and smooth functioning of work and minimizes disputes.
These terms and references (conditions) are called the conditions of contract.
These maybe of two parts i) General conditions of contract and ii) Special conditions
of contract.
Elements of General conditions of contract (GCC):
• Definition & interpretation
• Security deposits
• Time for completion and delays
• Mode of payment
• Alterations, additions, variations and omissions
• Execution of work and measurement of completed wok
• Defects and maintenance of defects
• Subletting
• Breach of contract
• Arbitration- settlement of disputes
• Suspension of works
• General obligations of contract
• Labor and labor welfare
• Changes in cost and legislation
• Materials and workmanship etc.
Contract documents:
• The document that describes in detail the scope of the agreement and
responsibilities of the parties to it is called contract document.
• The documents that lead towards a contract are referred to as contract document.
Priority of contract documents:
• The Contract agreement
• The letter of acceptance
• The tender/bid
• Conditions of contract – General/Special
• The detail specifications
• The detailed drawing
• Priced bill of quantities (BOQ)
• Addenda (list of things) to clarify, corrects and provide additional information
Roles of contract documents:
• Define duties and responsibilities of the parties involved in the contract
• Defines payment procedures such as lump sum /unit price/cost plus etc.
• Deals with variation/changes in the work during implementation
• Guides for the procedure, pricing and payment of the altered, added & omitted
work
• Value and duration of the contractual work
• Contract termination process
• Assigns risks (soil condition/weather condition/delays/changes/performance etc
Rules of contract interpretation:
• Self-explanatory
• Court interprets in case of ambiguity
• Contra proferentem- rule of contractual interpretation which provides that an
ambiguous term will be construed against the party that imposed its inclusion in
the contract or more accurately, against (the interest of) the party who imposed
it. The interpretation will therefore favor the party that did not insist on its
inclusion. The rule applies only if, and to the extent that clause was
included at the unilateral insistence of one party without having been subject to
negotiation by the counter-party.
Additionally, the rule applies only if a court determines the term to be ambiguous,
which often forms the substance of contractual dispute.It translates from the Latin
literally to mean against(contra) the one bringing forth(the proferens).
• Contractual exclusion clauses
Specification
Exact statement of the particular needs to be satisfied, or essential characteristics
that a customer requires (in a good, material, method, process, service, system, or
work) and which a vendor must deliver. Specifications are written usually in a
manner that enables both parties (and/or an independent certifier) to measure
the degree of conformance. They are, however, not the same as control limits (which
allow fluctuations within a range), and conformance to them does not necessarily
mean quality(which is a predictable degree of dependability and uniformity).
Specifications are divided generally into two main categories:
(1) Performance specifications: conform to known customer requirements such as
keeping a room's temperature within a specified range.
(2) Technical specifications: express the level of performance of the individual units,
and are subdivided into (a) individual unit specifications which state boundaries
(parameters) of the unit's performance consisting of a nominal (desired or
mandated) value and tolerance (allowable departure from the nominal value,
(b) acceptable quality level which states limits that are to be satisfied by most of the
units, but a certain percentage of the units is allowed to exceed those limits, and
(c) distribution specifications which define an acceptable statistical distribution
(in terms of mean deviation and standard Deviation) for each unit, and are used by
a producer to monitor its production processes.
CASE STUDIES.