Professional Liability Flashcards

Tort law: what is it?

Answer: A negligence that results in harm or loss is a violation of the duty of care.

Tort law covers civil wrongs where a breach of the duty of care (negligence) causes harm or loss, creating legal liability. The other options describe a certificate request, project risk management, and third-party mediation — none of which define a tort.

A letter of assurance: what is it?

Answer: An architect or engineer's legal accountability statement, which outlines the obligations of major participants in a building project.

A letter of assurance is a formal statement, typically signed by an architect or engineer, confirming the legal responsibilities of the key participants in a building project. The other choices describe res ipsa loquitur, a surety/bond arrangement, and an unethical contracting practice, not a letter of assurance.

What occurs when the prior owner decides not to pay the debt when they sell the property?

Answer: Lien or owned funds will be the new owner's responsibility. Never forget to conduct a lien check before to purchasing.

An unpaid debt secured against a property becomes a lien that stays attached to the property and transfers to the new owner, which is why a lien check before purchase is essential. The other options describe a separate claim concept, a copyright update, and a misconduct regulation that don't answer who inherits the debt.

Repudiation: What is it?

Answer: When one party notifies the other that they will not be carrying out their end of the bargain. Consequently, the contract is rejected.

Repudiation occurs when one party tells the other it will not perform its contractual obligations, effectively rejecting the contract. The other options reference deceptive advertising, conflict-of-interest perception, and contractor health-and-safety responsibility, which are unrelated to refusing to perform a contract.

ADR: What is it?

Answer: Alternative Dispute Resolution: The process of resolving commercial disputes outside of the court system by employing arbitrators or mediators

ADR stands for Alternative Dispute Resolution — resolving disputes outside the courts using methods like arbitration or mediation. The other options discuss harassment liability, taxation, and shortlisting firms, none of which define ADR.

For what duration is a patent valid?

Answer: Twenty years

A patent grants exclusive rights to an invention for twenty years from the filing date. Ten, seven, and six years are not the standard patent term.

Which documents don't need to be sealed?

Answer: any publications lacking of technical information

A professional seal is required on documents that carry technical information and professional responsibility, so publications that lack technical content do not need to be sealed. The other options describe a code of conduct, liability protection, and professional competence — not the type of document exempt from sealing.

Can someone ask a buddy to seal and sign their work?

Answer: No

No — a professional seal certifies work the signer personally performed or directly supervised, so that responsibility cannot be delegated to a colleague who did neither. The other options discuss contract performance, dispute resolution, and workers' compensation, which do not address the ethics of sealing someone else's work.

What does a trade secret look like?

Answer: Any of the following can be used: a chemical compound's formula; a production, processing, or preservation method; or a machine's design.

A trade secret is confidential, commercially valuable information that gives a business a competitive edge, which is why a chemical formula, a proprietary production/processing/preservation method, or a machine's design all qualify. The other options describe consequential damages, licensing requirements, and workplace privacy rules — none of which relate to protected proprietary business information.

What is the Competition Act's common conviction?

Answer: Misleading advertising

Misleading advertising is the most common offence prosecuted under the Competition Act, which targets deceptive marketing that harms consumers and fair competition. 'False advertising' is close but is not the Act's specific terminology, while industry customs and groundwater use have nothing to do with the Act.

A joint venture: what is it?

Answer: collaborating on a single project

A joint venture is an arrangement where two or more parties pool resources to collaborate on a single, usually temporary project, after which the relationship ends. The other options describe a code of conduct/ethics and incorporation for limited liability, which are unrelated business and legal concepts.