Contract Law Basics and Liability Concepts
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Questions and Answers

How does the urgency felt by a local bargaining team affect union effectiveness in collective bargaining for safety issues?

  • It increases the chances of winning concessions on safety issues. (correct)
  • It may decrease the likelihood of winning concessions.
  • It leads to a more relaxed approach to safety negotiations.
  • It has no effect on union effectiveness.

    • What is the most ethical response when a client cannot afford to fix a serious safety risk?

  • Ignore the issue since the client cannot afford a solution.
  • Make the conditions less strict to accommodate the client.
  • Advise the client to seek alternative funding. (correct)
  • Present the risks but allow the client to decide without pressure.

    • During a safety inspection, if you observe an employee not wearing eye protection in a designated area, what should be your first step?

  • Discuss the infraction with the supervisor for resolution. (correct)
  • Immediately report the employee to management.
  • Document the infraction and move on with the inspection.
  • Provide eye protection to the employee before proceeding.

    • What is the likely outcome of winning concessions on safety issues for unions?

    <p>It enhances management efforts to support safety culture.</p> Signup and view all the answers

    What should a CSP do when contacted by a plaintiff's attorney in a high-profile case?

    <p>Counter the offer with an hourly fee schedule for expert witness services.</p> Signup and view all the answers

    What does the term 'exclusive remedy' generally refer to?

    <p>The sole legal compensation available to a plaintiff.</p> Signup and view all the answers

    How does workers' compensation law affect an employee's ability to file lawsuits?

    <p>It restricts filing personal injury lawsuits for work-related injuries.</p> Signup and view all the answers

    In which scenario can an employer be held liable beyond workers' compensation laws?

    <p>If the employer committed a negligent act unrelated to their role.</p> Signup and view all the answers

    What might an employee choose if injured by a product defect at work?

    <p>To file a civil suit for potentially greater recovery.</p> Signup and view all the answers

    Which of the following describes the liability of a manufacturing company under workers' compensation law?

    <p>They may be held responsible for defective products causing injury.</p> Signup and view all the answers

    What is a potential limitation of workers' compensation benefits?

    <p>They often provide less financial recovery than a civil suit.</p> Signup and view all the answers

    What does the term 'workers' compensation' specifically refer to?

    <p>Benefits for employees injured while on duty.</p> Signup and view all the answers

    What should presentations regarding employment solicitation not do?

    <p>Enhance qualifications through misrepresentation</p> Signup and view all the answers

    What is required for conducting professional relations?

    <p>Maintain the highest standards of integrity</p> Signup and view all the answers

    What should be done when professional misconduct is observed?

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

    Which of the following is NOT a form of bias to avoid in professional conduct?

    <p>Favoring based on industry experience</p> Signup and view all the answers

    Which characteristic is NOT protected from discrimination?

    <p>Educational background</p> Signup and view all the answers

    What must professionals act free of?

    <p>Personal biases</p> Signup and view all the answers

    What behavior is associated with conflicts of interest?

    <p>Prioritizing personal interests over professional duties</p> Signup and view all the answers

    Why is integrity important in professional relations?

    <p>It builds trust and respect among colleagues</p> Signup and view all the answers

    Which aspect is emphasized in avoiding professional misconduct?

    <p>Ensuring transparency in relations</p> Signup and view all the answers

    What is the goal of the BCSP Code of Ethics regarding employment presentations?

    <p>To ensure truthful representation of companies and individuals</p> Signup and view all the answers

    What is the purpose of a hold-harmless agreement?

    <p>To relieve a party from future liabilities</p> Signup and view all the answers

    Which statement accurately describes a hold-harmless clause?

    <p>It declares that one party will not be liable for damages caused by the other.</p> Signup and view all the answers

    In what situation might an individual be asked to sign a hold-harmless agreement?

    <p>When participating in a sports event</p> Signup and view all the answers

    Which of the following is a characteristic of a hold-harmless agreement?

    <p>It can assign liability in a contract.</p> Signup and view all the answers

    What does the term 'indemnitee' refer to in a hold-harmless agreement?

    <p>The party protected from liability</p> Signup and view all the answers

    Which of the following is NOT a function of a hold-harmless agreement?

    <p>Remove personal accountability entirely</p> Signup and view all the answers

    What type of legal instrument is a hold-harmless agreement categorized as?

    <p>Contractual provision</p> Signup and view all the answers

    What is a potential consequence of not having a hold-harmless agreement in place?

    <p>Automatic acceptance of liability</p> Signup and view all the answers

    What does the term 'hold harmless' imply in a legal context?

    <p>One party protects another from liability.</p> Signup and view all the answers

    What do unions favor to improve workplace safety?

    <p>Workplace design changes</p> Signup and view all the answers

    What is a primary belief of unions regarding disciplinary measures for safety-related behaviors?

    <p>They are less effective than sustained safety programs</p> Signup and view all the answers

    What type of device or design does the union advocate for to enhance safety?

    <p>Fail-safe devices</p> Signup and view all the answers

    How do unions prefer to shift the focus regarding workplace safety?

    <p>From discipline to engineering controls</p> Signup and view all the answers

    What kind of planning do unions believe is necessary for effective workplace safety?

    <p>Precedent planning and risk assessment</p> Signup and view all the answers

    What aspect of workplace design do unions NOT prioritize?

    <p>Employee morale</p> Signup and view all the answers

    What does the term 'engineering controls' imply in the context of workplace safety?

    <p>Implementing tools and designs to reduce risk</p> Signup and view all the answers

    What is the union's stance on the role of engineers in workplace safety?

    <p>Engineers need to design safer equipment and environments.</p> Signup and view all the answers

    Unions challenge the reliance on which safety management approach?

    <p>Disciplining individual workers</p> Signup and view all the answers

    What is the goal of unions in advocating for changes to the workplace?

    <p>To ensure enhanced safety for workers</p> Signup and view all the answers

    Study Notes

    Basic Contract Elements

    • Agreement, consideration, purpose, and competent parties are essential elements of a contract.

    Entity Responsible for Defects

    • The entire production chain (from raw material to finished product) is liable for a defective product.
    • Manufacturers have a duty to ensure that products are safe.

    Privity

    • Privity is a direct relationship between the injured party and the party whose negligence caused the accident.
    • Manufacturers aren't always liable if there isn't a direct contract with the injured party.
    • This rule regarding liability has been modified due to negligence issues.

    Plaintiff

    • A plaintiff is a person who brings a lawsuit against another in court.

    Foreseeability

    • Foreseeability excludes liablility for harms that are sufficiently unforeseeable at the time.

    Strict Liability

    • A manufacturer of a product is liable for any injury due to defects, irrespective of fault or negligence.
    • Manufacturers are liable for any damages resulting from a defect in the product, regardless of if they were negligent or at fault.

    Tort

    • Tort is a wrongful act or failure to exercise due care that results in damage or injury.
    • It encompasses a wide range of harm and responsibility

    Express Warranty

    • A written or oral statement by a manufacturer or dealer stating how a product will perform.

    OSHA Violations

    • Specific categories of OSHA violations exist. (Details not listed.)

    De Minimis

    • Refers to insignificant or frivolous matters.

    Hold-Harmless Agreement

    • A contractual provision where one party agrees to assume the legal liability of another party.
    • This is a common provision used in contracts to protect one party from liability.

    Negligence

    • Not exercising reasonable care, leading to harm to another or property.
    • Failure to exercise appropriate care resulting in injury or property damage to others.

    Exclusive Remedy

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

    Attractive Nuisance

    • A landowner may be held liable for injuries to children if an object on their land attracts children.

    Obvious Peril

    • A manufacturer doesn't have to warn consumers about a hazard that's obvious.
    • Manufacturers do not need to warn of risks if the danger is obvious, well-known hazards don’t require warnings

    Contract Components

    • A contract must have agreement, consideration, purpose and competent parties

    Special Damages

    • Damages directly resulting from negligence, breach of contract, or other misconduct.
    • These are out-of-pocket costs, as opposed to subjective or speculative damages.

    Res Ipsa Loquitar

    • "The thing speaks for itself".
    • Used in accidents where the defendant was solely in control of the damage-causing agent.

    Insurance Contract Parts

    • Declarations, definitions, insuring agreements are parts of a standard insurance policy.
    • Exclusions, conditions, and endorsements of policies further specify various aspects of contracts

    Implied Warranty

    • An unwritten guarantee that a product will serve its intended purpose

    Product Liability Principles

    • Negligence, Strict Liability, and Implied/Express Warranty are key principles

    Product Recall Characteristics

    • A detailed plan outlining individual and company responsibilities during a product recall is essential
    • A written plan that addresses all aspects of the recall is necessary including warnings, instructions, returns of product etc.

    Hold-Harmless Agreement (Indemnity)

    • A contractual provision obligating one party to assume another party’s legal liability.

    Employee Unions' Impact on Safety

    • Employee unions actively enhance workplace safety policies.
    • They aim to eliminate harms to members via changes to safety processes and procedures.

    Temporary Total Disability

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

    Temporary Partial Disability

    • A temporary work-related injury or disease limiting the worker's ability to perform job duties.

    Permanent Total Disability

    • A work-related injury or disease permanently preventing an individual from gainful employment.
    • Agreement, consideration, purpose, and competent parties are essential for a valid legal contract

    Summary for a Valid Contract

    • All elements of a valid offer must be fulfilled to make a binding agreement

    Res Ipsa Loquitor

    • A legal principle where the thing speaks for itself. In case of an accident where the responsible party is clearly obvious.

    Elements of Product Recall

    • Clearly defined individual and company responsibilities
    • Well-defined plan for the handling of the entire recall
    • Actions taken to address warnings, instructions, returns etc of the product.
    • Attractive Nuisance (details not listed) is the relevant legal principle

    Attractive Nuisance

    • Describes a potentially dangerous place, condition, or object that specifically attracts or is dangerous to children.

    BCSP Code of Ethics

    • Contains various principles, guidelines, and standards for ethical conduct in the profession (specific sections not outlined in the provided text)

    Contract Components

    • Agreement, Consideration, Purpose, Competent Parties are the key components for a valid contract.

    Contractual Provisions

    • A contract may include obligations, duties, provisions and rules of conduct related to the contract itself.

    Implied Warranty

    • An unwritten guarantee that a product is suitable for its intended purpose
    • Key legal principles for product liability cases include negligence, strict liability, and implied warranty.

    Important characteristics of a product recall

    • Detailed written plan that outlines individual and company responsibilities.

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    Related Documents

    Domain 9: Law and Ethics PDF

    Description

    This quiz covers fundamental concepts of contract law, including essential elements such as agreement and consideration. It also explores liability issues related to product defects, privity, and strict liability. Test your understanding of these legal principles and how they apply in practice.

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