Law and Ethics in Engineering Practice - Chapter 1

The manufacturer owes a duty of care to foreseeable victims of their negligent product design, including consumers, purchasers, and third parties injured by product malfunction.

Manufacturers are typically liable for defective products when consumers use them without the chance to inspect for issues. This usually means the product is ready-to-use when bought.

A manufacturer's duty to warn extends to all foreseeable uses of a product, even those not intended by the manufacturer.

Manufacturers are not required to warn of dangers that are so obvious and apparent that nearly anyone would be aware of them.

Manufacturers have a duty to warn consumers about the risks of using a product and how to use it safely. This applies to both inherent dangers and foreseeable risks.

A word, design, or symbol used to identify goods or services and distinguish them from others. Think of the Apple logo or the Nike swoosh.

The exclusive right to use a trademark to identify goods or services.

A trademark must be unique and clearly identifiable, avoiding confusion with other trademarks. Think of a clear brand name.

Trademark registration protects your brand for 15 years, renewable for unlimited periods.

Using a trademark without permission from the rights holder. For example, using "Barbie" for a restaurant without Mattel's authorization.

The test to determine if a new trademark infringes on an existing one. Requires a court to assess if the ordinary consumer would be confused about the source of the goods or services.

A legal document that grants the right to use a trademark, allowing others to use it under specific conditions. It allows for brand expansion without direct ownership.

The transfer of all trademark rights from one party to another. The new owner has full control over the trademark.

A legal doctrine where someone can be held liable for harm they didn't directly cause, but is responsible for the actions of someone else. Think of it like holding the owner of a car liable for an accident caused by the car's driver.

A type of liability where fault isn't necessary. Think of it like being held accountable for something even if you didn't intend to cause harm.

A type of strict liability where employers are held responsible for injuries suffered by their employees, regardless of fault. Think of it like accepting responsibility for risks associated with the job.

A legal theory that argues an employer should be held liable for their employee's misconduct because the employer benefits from the employee's actions, regardless of fault. This is often used in cases of negligence.

An argument used to justify vicarious liability, suggesting that the party profiting from an activity should bear the costs if harm occurs, even without direct fault. Think of it like a 'cost of doing business.'

A legal principle that holds individuals accountable for their conduct, requiring them to act with reasonable care and skill expected of others in their field, based on the specific circumstances.

When determining if someone acted negligently, a court considers how a reasonable person in 'like circumstances' would have acted.

A legal case establishing a high standard of care for professors. Professors must ensure the accuracy of their facts before taking action that could harm a student's career

Professionals, like engineers, doctors, and lawyers, are held to a higher standard of care. They are not judged merely by the conduct of an ordinary person.

In the case of ter Neuzen v Korn, a medical professional was found not liable for failing to warn a patient about the risk of HIV transmission through artificial insemination because the medical understanding and testing for HIV was limited at that time.

The level of care required of a medical professional varies based on the availability of facilities, equipment, and expertise in a specific location. For instance, a doctor in a remote area may be held to a different standard than a doctor in a major city.

A type of legal claim where a party seeks compensation for financial losses resulting from another party's negligence, even though they didn't directly suffer physical harm.

A legal principle that limits liability for economic loss claims to situations where there is a close relationship between the parties involved, and the loss was reasonably foreseeable.

The ability to foresee the potential consequences of one's actions, especially when it comes to causing harm to others.

The process of using a set of standards or rules to evaluate the quality and safety of a construction project, ensuring it meets the necessary requirements.

The potential for a design or construction flaw to create danger for those using the building, including future owners or occupants.

A type of legal claim where a party seeks compensation for damages caused by a defective product, including economic losses like repair costs.

The process of examining a failed construction project to determine the cause and extent of the damage.

A legal professional qualified to provide expert opinions on technical matters related to construction and engineering, such as design flaws.

The amount of weight or force a structure must be able to withstand, particularly from factors such as snow accumulation.

A set of legal rules that govern the behavior of individuals and entities, aiming to prevent harm and ensure fairness.

In a trademark infringement case involving prescription drugs, the plaintiff must prove that the defendant's actions are likely to confuse doctors, pharmacists, or patients when choosing between the two products.

The legal right granted to creators of original works, including literary, dramatic, musical, and artistic works, sound recordings, and performances. It grants exclusive rights to reproduce, perform, publish, and authorize others to do the same.

The duration of copyright protection is the author's lifetime plus a set number of years. This right extends to engineering plans as well.

Copyright can be transferred through licensing or assignment. Owners can grant permission for others to use their work under specific conditions.

Copyright infringement happens when someone uses a copyrighted work without the owner's permission. This applies to actions like reproducing, performing, or publishing the work.

The Canadian Copyright Act outlines the rights of copyright owners, including the rights to reproduce, perform in public, and publish the work.

The owner of copyright also has moral rights, including the right to be acknowledged as the creator and the right to maintain the integrity of the work. This means no one can alter the work without permission.

In this case, Cinar Corporation adapted a children's story for a television show without permission, raising the question of copyright infringement.