Chapter 9
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Which of the following components is NOT required to claim negligence?

  • A duty owed
  • A breach of that duty
  • Intent to harm (correct)
  • An injury or damage

    • Strict liability requires proof that the defendant acted negligently.

    False

    What is meant by 'duty of care' in the context of negligence?

    The legal obligation to adhere to a reasonable standard of care to avoid foreseeable harm to others.

    Negligence involves proving a duty owed, a breach of that duty, an injury or damage, and a __________ connection between the breach and the injury.

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

    Match the following terms with their definitions:

    <p>Negligence = Legal obligation to act with reasonable care Strict liability = Liability without proof of negligence Product liability = Liability for defects in products Innovation = The process of developing new ideas or products</p> Signup and view all the answers

    What was the immediate cause of the sinking of the Herald of Free Enterprise?

    <p>Negligence by the assistant boatswain</p> Signup and view all the answers

    The ship's captain was suspended for a period of three years due to the incident.

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

    What was the general culture in the ferry company at the time of the incident?

    <p>Poor communication</p> Signup and view all the answers

    The Herald of Free Enterprise capsized after leaving the port of __________.

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

    Match the following individuals with their outcomes from the investigation into the Herald of Free Enterprise:

    <p>Captain Lewry = Suspended for one year First navigating officer Sabel = Suspended for two years Assistant boatswain Stanley = Got off free Ship-owner = Official reprimanded</p> Signup and view all the answers

    Which of the following best describes the findings of the Admiralty High Court regarding the ship-owner?

    <p>Identified a disease of sloppiness</p> Signup and view all the answers

    The Herald of Free Enterprise was equipped with watertight compartments.

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

    Which of the following is NOT a condition for moral responsibility?

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

    Liability is established informally and does not require a court procedure.

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

    What is the main condition for establishing liability?

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

    Moral responsibility is relevant both ______ after and before undesirable actions have occurred.

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

    Match the legal concepts with their definitions:

    <p>Moral Responsibility = Blameworthiness based on wrongdoing and foreseeability Liability = Legal obligation determined in court Regulation = Conditions for technological development Negligence = Failure to take proper care in doing something</p> Signup and view all the answers

    What implication does liability usually carry?

    <p>Obligation to pay a fine</p> Signup and view all the answers

    Regulation often acts swiftly in response to technological advancements.

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

    Who is usually held legally liable for the consequences of new technologies?

    <p>Companies and engineers</p> Signup and view all the answers

    Liability must be ______ in a well-regulated court procedure.

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

    What differentiates moral responsibility from liability?

    <p>Moral responsibility can be established informally</p> Signup and view all the answers

    What is the moral fairness requirement related to the distribution of responsibility?

    <p>The distribution of responsibility should be just and fair.</p> Signup and view all the answers

    Passive responsibility means that individuals should be held accountable regardless of the actions they took.

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

    What is the effectiveness requirement?

    <p>The moral requirement that responsibility should be distributed to effectively prevent harm and achieve positive outcomes.</p> Signup and view all the answers

    The conditions that a person must meet to be held liable are often laid down in the ___

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

    Match the types of responsibility with their definitions:

    <p>Passive Responsibility = Accountability based on specific conditions like wrongdoing Active Responsibility = Allocation of responsibilities a person can live by Liability = Legal responsibility concerning fines or damages Moral Responsibility = Holding individuals accountable for actions and their consequences</p> Signup and view all the answers

    What can be a reason for ascribing responsibility?

    <p>To avoid harm and stimulate desirable outcomes.</p> Signup and view all the answers

    The conditions for liability are the same across all countries.

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

    What are the four conditions that relate to passive responsibility?

    <p>Wrongdoing, causal contribution, foreseeability, and freedom of action.</p> Signup and view all the answers

    The distribution of responsibility referred to in the Citicorp example highlights the problem of ___ hands.

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

    Which statement best describes the distinction between legal and moral responsibility?

    <p>Legal responsibility relates to laws and liabilities, while moral responsibility involves ethical considerations.</p> Signup and view all the answers

    What is the primary reason for the problem of many hands in the Citicorp case?

    <p>Distribution of information over various actors</p> Signup and view all the answers

    The collective cannot be held responsible in the Citicorp case.

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

    What structural issue was not taken into account during the design of the Citicorp building?

    <p>45-degree winds</p> Signup and view all the answers

    The problem of many hands can arise due to a combination of conditions for __________.

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

    Match the individuals involved in the Citicorp case with their roles:

    <p>LeMessurier = Engineer Contractor = Builder Approver = Regulatory authority Collective = Group accountability</p> Signup and view all the answers

    Which of the following was an assumption made regarding the individuals involved?

    <p>They acted freely and cooperatively</p> Signup and view all the answers

    The knowledge condition can yield different results when applied to individuals versus the entire group.

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

    What was deemed unacceptably high for structural failure in the Citicorp case?

    <p>Once in 16 years</p> Signup and view all the answers

    The individuals involved in the Citicorp case failed to foresee certain harms because of the __________ of information.

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

    What ultimately contributed to the structural deficiency of the Citicorp building?

    <p>Failure to include 45-degree winds in the design</p> Signup and view all the answers

    Study Notes

    Engineering Management ENG 310 - Chapter 9

    • Course title: Engineering Management ENG 310
    • Chapter title: Ethics, Technology, and Engineering: An Introduction
    • Chapter 9: Responsibility in Engineering

    9.1: Introduction

    • Case study: Herald of Free Enterprise
    • A roll-on roll-off (RORO) ferry that capsized, killing 193 passengers and crew.
    • The immediate cause of the sinking was negligence by the assistant boatswain.
    • The official inquiry placed more blame on the supervisors and a general culture of poor communication within the company.
    • The ship's captain was suspended for a year and the first navigating officer was suspended for two years.

    9.2: The Problem of Many Hands

    • Difficult to pinpoint responsibility in cases involving many people and contributing factors to a disaster.
    • Even if someone is morally responsible, they might not be legally liable.
    • Organizations need to effectively allocate responsibility to avoid future disasters.

    9.2.1: The Citicorp Building

    • The building was structurally deficient at the time of its construction despite no one knowing.
    • Actors involved: LeMessurier (designer), contractors, and an approver.
    • The structural defect was mainly due to the building's peculiar design and the switch from welded to bolted joints.
    • A church was planned to be built underneath the building which led to construction changes.
    • The new design was vulnerable to high winds striking at a 45-degree angle.
    • None of the actors were held responsible because of a lack of knowledge of the structural deficiency.

    9.2.2: Causes of the Problem of Many Hands

    • Primarily due to the distribution of information within the organization.
    • Difficulty tracing the chain of command and making it difficult to identify the person at fault.
    • Can also arise from a combination of conditions associated with responsibility. Examples include employee-organization hierarchical structure.

    9.3: Responsibility and the Law

    • Legal liability differs significantly from moral responsibility.
    • Legal conditions for liability vary by type of action, consequence, and location.
    • Conditions for moral responsibility include: wrong-doing, causal contribution, foresee ability, and freedom of action.
    • Liability involves backward-looking, court procedure, and obligation (fine or compensation).

    9.3.1: Liability versus Regulation

    • Liability is a tool to deal with the societal consequences of technology.
    • Regulation can forbid, produce, or regulate certain technology's boundaries.
    • Legislation often lags behind technological advancement and consequently struggles to deal with innovation accordingly.
    • Liability is about holding responsible the developers or companies and not requiring the legislation to foresee future outcomes.

    9.3.2: Negligence versus Strict Liability

    • Negligence is a condition for liability. Proof is required of duty of care (legal obligation to a foreseeable standard), a breach of care (not meeting the standard), an injury or damage, and a causal connection between the breach and injury.
    • Strict liability doesn't require proof of negligence but requires products to be safe by default. This includes the need for manufacturers to prevent risks and flaws in their products.
    • The lack of foresight of the flaws might allow a corporation to be held to account.

    9.3.3: Corporate Liability

    • Corporations can incur legal liability when seen as legal entities, unlike natural people, and be held liable in similar ways as individuals but with constraints for corporations regarding compensation or punishment.
    • This often is a measure to ensure that individuals are not punished for corporate actions they did not participate in and to provide justice to parties harmed by corporations.

    9.4: Responsibility in Organizations

    • Three models exist for determining liability in organizations.
    • Hierarchical: Top level personnel are held responsible.
    • Collective: Every member is held jointly responsible for the organizations actions
    • Individual: Each member is held responsible for their contribution.
    • Problems of many hands is a strong concern with collective organizations, as individual contribution may not be easily traceable in large organizations.

    9.5: Responsibility Distributions and Technological Designs

    • Engineering design, law, and organizations impact responsibility distributions.
    • An example is the automatic pilot in airplanes, where pilots have reduced responsibility because of the design and operation.
    • Technological design leads to complex division of labor and responsibility, where technologies need a social or organizational structure for appropriate function.

    9.6: Chapter Summary

    • Three methods for distributing responsibility are discussed (law, organizational models, technological development).
    • The chapter introduces liability, which is the legal way to hold someone responsible for damage and harm.
    • Responsibility distribution can be assessed through moral fairness and effectiveness.
    • Technologies may give users varying degrees of freedom and influence their responsibility, due to foresight and actions.
    • Responsibility is a responsibility itself, not simply delegated to individuals.

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    Description

    This quiz explores Chapter 9 of Engineering Management ENG 310, focusing on the topic of responsibility in engineering, particularly through case studies like the Herald of Free Enterprise. It examines the complexities of assigning responsibility in engineering disasters and the importance of effective communication within organizations.

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