You are on page 1of 14

Your Results for: "APEGGA-style Practice Examination Part A"

Book Title: Samuels and Sanders, Practical Law of Architecture, Engineering, and Geoscience, Second Canadian Edition Book Samuels Author: Location Chapter 2 > on Site: Practice Exams > APEGGA-style Practice Examination Part A Date/Time July 16, 2011 at Submitted: 10:14 PM (UTC/GMT)

Print this page

Summary of Results
68% Correct of 50 Scored items:
34 Correct: 16 Incorrect: 32% 68%

More information about scoring

1.

An engineer is being pressured by her client (a real estate developer) to certify a building as ready for occupancy. Which issue should the engineer consider first and foremost? Your Answer: Whether the building is safe for occupancy by the public.

2.

Who sets the ethical standards which professionals are bound by? Your Answer: Professional regulatory bodies adopt codes of ethics or codes of professional practice to be followed.

3.

3.

Which of the following statements regarding penalties is true when a professional commits a single wrongful act? Your Answer: The professional may be subject to criminal, civil, and professional disciplinary action.

4.

What is the standard of proof for professional misconduct? Your Answer: Absolute certainty. Correct Answer: More certain than a balance of probabilities, but less certain than beyond a reasonable doubt.

5.

Which of the following is generally true regarding the relationship between insurance coverage and alleged professional misconduct? Your Answer: The costs of legal counsel for defending allegations that relate to intentional behaviour such as fraud are generally not covered, but the costs of defending allegations in relation to unintentional acts such as negligence are generally covered.

6.

A geoscientist has access to data regarding gold deposits, and shares that information with a friend who trades mining stocks. Which duty has the geoscientist breached? Your Answer: All of the above.

7.

An engineer is concerned about the safety of work methods used be a contractor. Which of the following

best describes the appropriate course of action? Your Answer: The engineer should warn the contractor that the work method is considered unsafe and notify the appropriate occupational health and safety regulatory office of the work methods being used.

8.

Which of the following statements is false regarding the obligations of a professional asked to provide expert witness opinion evidence in a court case involving allegations of professional incompetence. Your Answer: Because civil litigation is an adversarial process, the witness may consider the interests of the party that hired him or her when formulating the opinion evidence to be given.

9.

Which of the following would not be a conflict of interest? Your Answer: All of the above involve conflicts of interest. Correct Answer: A geoscientist arrives at a project site to perform soils testing for the purpose of assessing foundation type, and discovers that the landowner is an acquaintance he attended elementary school with. On the facts given, the Geoscientist would have no incentive to incorrectly specify the soil test results.

10.

Which of the following would be a breach of the duty of loyalty by a mechanical engineer who works for a company that does only air conditioning system design? Your Answer:

Your Answer: None of the above would be a breach of the duty of loyalty. Correct Answer: Advising an acquaintance who is a bicycle shop manager as to the type of extractor fan that might be suitable for the bicycle workshop. Advising on air conditioning systems is the business of the employer and the employee should not participate in that activity without the employer's consent.

11.

What penalties may a professional face for failing to report known misconduct of another professional? Your Answer: Fine, temporary suspension, and / or expulsion.

12.

An engineer is asked to provide a written opinion on the adequacy of the design of another engineer for the purposes of a court case, but is concerned that insufficient information has been provided. What is the minimum precaution the engineer should take? Your Answer: Clearly set out in the report the information on which the opinion is based, state all assumptions underlying the opinion, and state that the opinion may change if the assumptions made or information relied on are inaccurate.

13.

Which of the following statements is true? Your Answer: Bid shopping is unethical, but not necessarily illegal.

14.

14.

A geoscientist prepares a prospectus. There is a mistake in the prospectus and a private investor sues the geoscientist. The corporation who commissioned the prospectus does not sue. Which cause of action should the geoscientist be least concerned about? Your Answer: Negligent misrepresentation. Correct Answer: Breach of contract. Since there was no contract with the investor (there was only one with the company), there will be no claim for breach of contract.

15.

If toxic contamination migrates onto your property from a neighbouring property, which of the following will not generally be a cause of action you would have? Your Answer: Breach of contract.

16.

Which of the following is not a typical task for an architect of record on a construction project? Your Answer: Approving the construction technique of the main contractor.

17.

Which is not a correct statement regarding change orders? Your Answer: Because contracts are carefully drafted, change orders rarely occur except on large projects.

18.

At what stage should the contract administrator conduct field reviews? As the contractor is preparing to

Your Answer:

begin work. Correct Answer: When the contractor is actually proceeding with the work. Administrators will typically be required to perform multiple reviews, the majority of which should be done while the work is underway.

Your Answer:

19.

A project has been fully designed with drawings and specifications prepared. The owner is on a tight budget and wants the project built for the lowest price possible. The owner is prepared to pay the architect to closely oversee the construction. What type of delivery system is most appropriate for this situation? Your Answer: Invitation to tender.

20.

Which of the following is generally false in relation to a bidder who submits a bid in a tender process? Your Answer: The bidder must negotiate with the owner if the owner so requests.

21.

Which of the following is an effective means for an engineer to ensure her design meets the standard of a reasonable engineer? Your Answer: All of the above.

22.

Which of the following is false regarding insurance? Your Answer: Insurance is always readily available.

23.

Which of the following is false regarding subrogation? Your Answer: Subrogation rights are effective against named insureds.

24.

Which of the following would normally be covered by a consultant's errors and omissions insurance policy? Your Answer: A claim by the owner for negligent design that resulted in water ingress. Correct Answer: A claim by the owner because a negligently designed wall fell down and damaged other property. Because of the large number and difficulties associated with claims for late drawings, water ingress and mould, most errors and omissions policies exclude claims for those losses from coverage.

25.

Which of the following is false regarding bid bonds? Your Answer: Having a surety provide a bond is the only way for a bidder to provide a bid bond.

26.

Which of the following relationships is governed by labour law? Your Answer: Union-management.

27.

Which of the following may be an unfair labour practice at the time a union is seeking certification? Your Answer:

Your Answer:

All of the above.

28.

Which is not a prohibited ground of discrimination? Your Answer: Education.

29.

Which of the following most accurately states the duty of the governments in Canada to consult with Aboriginal people? Your Answer: All aboriginal people who will be affected by the project and who have a proven claim against the land affected by the project. Correct Answer: All aboriginal people who will be affected by the project.

30.

Which of the following rights does the copyright holder not hold in relation to a book? Your Answer: The right to restrict who can re-sell the book.

31.

Which of the following is least likely to occur in a contract between a municipality and a large construction consortium? Your Answer: Misrepresentation. Correct Answer: Unconscionability. Unconscionability, which typically relieves vulnerable parties from unfair contractual provisions, is unlikely between powerful sophisticated parties.

32.

Which of the following is not likely a fundamental term of a construction contract? Your Answer: The order in which the work will be done.

33.

Which of the following is not a common issue in construction contacts? Your Answer: Incapacity of the parties.

34.

Which of the following is not suited to the design-buildoperate-finance model of project delivery? Your Answer: A private road to a ranch.

35.

Assuming it is the only breach of contract that occurred, which of the following would likely be a fundamental breach of a contract to build a house? Your Answer: Failure by the contractor to install essential reinforcement in the concrete of the foundations.

36.

Which of the following would be a complete defence to a claim of negligence? Your Answer: The plaintiff was partly responsible for the harm they suffered. Correct Answer: The harm would have occurred regardless of the defendant's acts. If the harm would have occurred regardless, causation is not established. The plaintiff being partly to blame

may reduce damages, but it is not a complete defence.

37.

X purchased a car from Y without asking any questions about its condition. X later finds out that the brakes are faulty. A reasonably experienced driver would have been able to tell the brakes were faulty by driving the car. Can X sue Y for misrepresentation? Your Answer: Yes, because brakes determine the safety of the car, B had an obligation to disclose the fault. Correct Answer: No, A did not ask B any questions and so B was not under a duty to disclose information regarding patent defects. There is no obligation to negotiate in good faith. However, one must truthfully answer questions asked.

38.

Under which tort may a car manufacturer be liable for injury resulting from defective seatbelts? Your Answer: Breach of duty to warn.

39.

Which of the following is false regarding litigation? Your Answer: The details of the dispute can be kept private.

40.

Generally, which of the following will not have a claim of lien? Your Answer: An architect. Correct Answer: A subcontractor to the architect.

It depends on the provisions of the applicable legislation, but generally a person engaged by an architect would not be able to claim a lien.

41.

Which documents can be used to prove delay? Your Answer: All of the above.

42.

Which of the following is usually an implied term of an employment contract? Your Answer: Number of sick days per year. Correct Answer: Length of notice of termination. Since termination is not a certainty like salary, vacation, and sick days, issues relating to it are often not spelt out in employment contracts and must be implied.

43.

Which of the following statements regarding regulation of professions in Canada is false? Your Answer: The regulatory bodies of self regulated professions determine who has the right to use professional titles associated with that profession. Correct Answer: The right of professions to govern themselves is conferred by federal statute. Regulation of professions is within provincial government jurisdiction.

44.

What are the primary purposes of national organizations such as Engineers Canada (formerly the Canadian

Council of Professional Engineers), the Canadian Council of Professional Geoscientists, and the Royal Architectural Institute of Canada? Your Answer: They coordinate and foster mutual recognition among regulatory bodies and encourage commonality of operations.

45.

Which of the following best describes who may use the title "Professional Engineer"? Your Answer: Persons who have successfully completed the requirements of an engineer in training program.

46.

Which of the following statements regarding scope of practice of a profession is false? Your Answer: Ambiguity in the definition of the scope of practice is resolved by considering the facts of individual cases and keeping in mind the intent and purpose of the governing legislation. Correct Answer: To protect the integrity of the professions, all definitions of the scope of practice are specified precisely and without ambiguity. Defining neighbouring professions without overlap is a challenging task and some ambiguity in the definitions of scope of each profession is inevitable.

47.

Why do the definitions for the scope of professional practice often contain exclusions? Your Answer: Exclusions are required to ensure that professionals in neighbouring and

overlapping professions are not in breach of statute of for merely practicing the profession they are registered to practice.

48.

Which of the following statements regarding professional registration is false? Your Answer: Only individuals, and never the corporations that employ them, are required to be registered.

49.

Which of the following statements regarding use of professional seals is false? Your Answer: Most regulatory authorities have guidelines for the use of seals. Correct Answer: Using a professional seal means that the professional has personally prepared or supervised the preparation of the documents. A professional may apply his or her professional seal to a document even if he or she has only reviewed the document.

50.

What is a letter of assurance? Your Answer: An assurance that a project will be constructed within budget. Correct Answer: A letter by a professional stating that that work has been done in accordance with the plans or specifications.

E-mail Your Results

My name is (first last): E-mail my results to: E-mail address: Me Instructor TA Other Help Send as: Text Text Text Text E-mail Results

Copyright 1995 - 2011 Pearson Education . All rights reserved. Legal Notice | Privacy Policy | Permissions

You might also like