Basic Elements of Contract Law
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Questions and Answers

Which situation requires a school counselor to break confidentiality?

  • Client discusses personal relationship issues
  • Client expresses dissatisfaction with school policies
  • Client requests to keep all discussions private
  • Client poses a danger to self or others (correct)

    • What rights do parents have under the Family Rights and Privileges Act of 1974?

  • The right to prevent the release of information to any external parties
  • The right to keep their child's school records private from counselors
  • The right to inspect all school records and consent to testing (correct)
  • The right to alter their child's academic records

    • What does Qualified Privilege allow school counselors to do?

  • Communicate non-flattering information about students when necessary (correct)
  • Share confidential student information without any restrictions
  • Prevent parents from discussing their child's behavior
  • Maintain absolute confidentiality regardless of the situation

    • Under FERPA, how are educational records treated to protect student information?

    <p>Parents must authorize any release of information</p> Signup and view all the answers

    What constitutes defamation in the context of school counseling?

    <p>Speaking negatively about a student in a setting that is not professional</p> Signup and view all the answers

    Which of the following is NOT considered a basic element of a contract?

    <p>Intention</p> Signup and view all the answers

    In the context of product liability, who can be held liable for a defective product?

    <p>The entire production chain from raw material to finished product</p> Signup and view all the answers

    Which statement best describes the concept of privity in law?

    <p>It describes a direct relationship between the injured party and the negligent party.</p> Signup and view all the answers

    What role does a plaintiff play in a legal case?

    <p>A person who initiates a lawsuit</p> Signup and view all the answers

    Why was the automobile manufacturer held liable in the case mentioned regarding privity?

    <p>They were found to have neglected their duty to inspect for defects.</p> Signup and view all the answers

    Which of the following elements must be present for a valid contract?

    <p>The agreement must be legally enforceable</p> Signup and view all the answers

    What legal principle was broken in the 1990s concerning automobile manufacturers?

    <p>Manufacturers are responsible for injuries even without direct contracts.</p> Signup and view all the answers

    What is the main ethical concern regarding presentations made during employment solicitation?

    <p>They should not misrepresent pertinent facts.</p> Signup and view all the answers

    How should professionals conduct their relationships according to the code of ethics?

    <p>By adhering to the highest standards of integrity.</p> Signup and view all the answers

    What action should be taken upon discovering professional misconduct by a BCSP certificant?

    <p>Report it to the appropriate authorities.</p> Signup and view all the answers

    What types of bias is the code of ethics against?

    <p>Any bias based on protected characteristics.</p> Signup and view all the answers

    Which of the following does not align with the BCSP’s ethical guidelines regarding conflicts of interest?

    <p>Engaging in practices that compromise professional judgment.</p> Signup and view all the answers

    What should professionals emphasize when presenting their achievements?

    <p>Highlighting undeniable facts without exaggeration.</p> Signup and view all the answers

    Which characteristic is not protected under the BCSP Code of Ethics?

    <p>Political affiliation</p> Signup and view all the answers

    What is an ethical standard expected of professionals when identifying misconduct?

    <p>To ensure that the misconduct is reported responsibly.</p> Signup and view all the answers

    Which situation reflects a conflict of interest according to the ethical guidelines?

    <p>Accepting gifts from a client while providing a service.</p> Signup and view all the answers

    What is the purpose of emphasizing integrity in professional conduct?

    <p>To maintain trust and accountability in professional relationships.</p> Signup and view all the answers

    What are special damages specifically intended to cover?

    <p>Out-of-pocket costs directly resulting from wrongful acts</p> Signup and view all the answers

    Which component is NOT part of an insurance contract?

    <p>Legal clauses</p> Signup and view all the answers

    In which situation does the principle of 'res ipsa loquitur' apply?

    <p>Accidents involving a defendant’s sole control over the damaging agent</p> Signup and view all the answers

    Which of the following is considered part of the declarations in an insurance contract?

    <p>Insured parties and policy limits</p> Signup and view all the answers

    Which of the following damages are typically NOT classified as special damages?

    <p>Compensation for pain and suffering</p> Signup and view all the answers

    What must be true for a contract to be considered valid?

    <p>Both parties must complete all requirements outlined in the offer</p> Signup and view all the answers

    Which aspect of an insurance contract specifies what is not covered by the policy?

    <p>Exclusions</p> Signup and view all the answers

    When assessing special damages in a lawsuit, what types of expenses are typically included?

    <p>Out-of-pocket costs such as travel for medical appointments</p> Signup and view all the answers

    Which of the following elements is NOT a requirement for special damages?

    <p>They must be exclusively out-of-pocket costs</p> Signup and view all the answers

    What is the primary responsibility outlined in the BCSP Code of Ethics regarding civic affairs?

    <p>To seek opportunities for community service.</p> Signup and view all the answers

    Which type of disability entails a temporary inability to perform any job duties due to a work-related injury?

    <p>Temporary Total Disability</p> Signup and view all the answers

    What distinguishes Temporary Partial Disability from Temporary Total Disability?

    <p>It limits job duties but not overall ability to work.</p> Signup and view all the answers

    What is a characteristic of Permanent Total Disability?

    <p>It prevents any substantial gainful activity.</p> Signup and view all the answers

    Under the BCSP Code of Ethics, what is expected of professionals regarding their knowledge and skills?

    <p>To share knowledge for the benefit of the community.</p> Signup and view all the answers

    What type of disability is expected to last for at least 12 months due to a severe impairment?

    <p>Permanent Total Disability</p> Signup and view all the answers

    In the context of BCSP ethical standards, how should professionals contribute to their community?

    <p>By seeking opportunities for constructive service.</p> Signup and view all the answers

    What is not a feature of Temporary Total Disability?

    <p>It allows the worker to fully perform job duties.</p> Signup and view all the answers

    Which statement is true about the definition of Temporary Partial Disability?

    <p>It allows for adaptation of work duties.</p> Signup and view all the answers

    What role does sharing knowledge play in the context of BCSP Code of Ethics?

    <p>It is a critical component of community and professional advancement.</p> Signup and view all the answers

    Study Notes

    Basic Elements of a Contract

    • Agreement
    • Consideration
    • Purpose
    • Competent Parties

    Entity Responsible for Defects

    • The entire production chain, from raw material to finished product, can be held liable for a defective product.

    Privity

    • Direct relationship between injured party and party whose negligence caused the accident.
    • The rule was broken in the 1990s when automobile manufacturers were held liable for a failed wheel, despite having no contract with the injured party.

    Plaintiff

    • A person who brings a case against another in a court of law.

    Foreseeability

    • Excludes liability for harms that were sufficiently unforeseeable at the time.

    Strict Liability

    • A manufacturer of a product is liable for injury due to a defect.
    • It is not necessary for the plaintiff to show fault or negligence.

    Tort

    • A wrongful failure to exercise due care resulting in damage or injury.

    Express Warranty

    • A written or oral statement by a manufacturer or dealer that a product will perform in a specific manner.

    OSHA Violations

    • Willful
    • Serious
    • Repeat
    • Other than serious
    • De minimis

    De Minimis

    • Insignificant; minute; frivolous

    Hold Harmless (Indemnity) Agreement

    • A contractual provision where one party assumes the legal liability of another party.
    • It's used between two parties to protect the indemnitee from unforeseen liabilities, losses, claims, or damages during an activity.
    • Used to prevent lawsuits, assigning liability in a contract.

    Negligence

    • Failure to exercise reasonable care or to perform a legal duty leading to injury or property damage.

    Exclusive Remedy

    • The only solution or compensation available to a plaintiff in a particular legal situation.

    Attractive Nuisance

    • A landowner might be held liable for injuries to children trespassing if an object on the land attracts them
    • A backyard swimming pool is example.

    Obvious Peril

    • A manufacturer doesn't have to label a large bladed hunting knife because the danger is obvious.
    • Agreement
    • Consideration
    • Purpose
    • Competent parties

    Special Damages

    • Damages claimed and awarded in a lawsuit that were directly caused by a breach of contract, negligence, or other wrongful act.
    • Includes medical bills, repairs, replacement of property, loss of wages, and other non-speculative or subjective damages.

    Res Ipsa Loquitar

    • "The thing speaks for itself": in accidents where the damage-causing agent was under the defendant's sole control and wouldn't have happened otherwise.

    Insurance Contract Parts

    • Declarations
    • Definitions
    • Insuring Agreement
    • Exclusions
    • Conditions
    • Endorsements

    Implied Warranty

    • An unwritten guarantee that a good or service is fit for the intended purpose it was sold for
    • Made by a dealer that the product will serve a specific purpose, implied by advertising or use in manuals

    Product Liability Cases Principles

    • Negligence
    • Strict liability
    • Implied warranty
    • Express warranty
    • Misrepresentation

    Product Recall Characteristics

    • Detailed written plan outlining individual and company responsibilities.
    • Including all aspects of the recall, such as communication of a warning, details of the hazard, return instructions, or compensation for injury.

    Hold Harmless Agreements

    • A contractual provision where one party assumes the legal liability of another party.
    • It's used between two parties to protect the indemnitee from unforeseen liabilities, losses, or damages, to prevent lawsuits.

    Attractive Nuisance

    • Landowners can be held legally responsible for injuries to children due to an attractive object on their property.
    • An example is a backyard swimming pool.

    Food Processing Plant Injury

    • The principle of attractive nuisance.

    BCSP Code of Ethics

    • Holders of BCSP certifications should uphold standards for the safety and health of people, protection of the environment, and protection of property etc.
    • Conduct their professional relations with the highest standards of integrity to avoid compromise
    • Issue truthful public statements only when founded on adequate knowledge.
    • Undertake assignments based on qualifications by education and/or experience in the respective technical fields.
    • Avoid deceptive acts that falsify or misrepresent qualifications.

    Temporary Total Disability

    • A work-related injury or disease that temporarily prevents an employee from performing any job duties.

    Temporary Partial Disability

    • Work-related injury that temporarily reduces, not eliminates, an employee's work duties.

    Permanent Total Disability

    • A long-term or permanent work-related injury or disease that prevents an employee from performing any job duties.

    Employee Unions' Impact on Safety

    • Unions want to eliminate safety hazards to protect union members and promote workplace safety changes.
    • They work towards challenging employers reliant on individual worker discipline for safety measures.

    CSP Consulting Company Role

    • Advise clients of risks of serious injury.
    • Help find solutions to mitigate those risks . Should advise to notify the client's management team for the acceptable level of risk.

    Safety Inspection

    • Contact the supervisor to discuss the safety violation or issue.

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    Domain 9: Law and Ethics PDF

    Description

    This quiz covers fundamental concepts of contract law, including agreement, consideration, and liability. Test your knowledge on complex topics such as privity, foreseeability, and strict liability in the context of tort law. Explore the relationships and responsibilities of parties involved in contractual agreements.

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