Your Results for: "APEGGA-stylePractice Examination Part A"

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Book Title: Samuels andSanders,Practical Law ofArchitecture,Engineering, andGeoscience,Second CanadianEdition

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Samuels

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Chapter 2 >Practice Exams >APEGGA-stylePracticeExamination PartA

Date/TimeSubmitted:

July 16, 2011 at10:14 PM(UTC/GMT)

Summary of Results

68% Correct of 50 Scored items:34 Correct: 68%

16 Incorrect: 32%

More information about scoring

1. An engineer is being pressured by her client (a realestate developer) to certify a building as ready foroccupancy. Which issue should the engineer considerfirst and foremost?

Your Answer: Whether the building is safe foroccupancy by the public.

2. Who sets the ethical standards which professionals arebound by?

Your Answer: Professional regulatory bodies adoptcodes of ethics or codes of professionalpractice to be followed.

3.

3. Which of the following statements regarding penalties istrue when a professional commits a single wrongful act?

Your Answer: The professional may be subject tocriminal, civil, and professionaldisciplinary action.

4. What is the standard of proof for professionalmisconduct?

Your Answer: Absolute certainty.Correct Answer: More certain than a balance of

probabilities, but less certain thanbeyond a reasonable doubt.

5. Which of the following is generally true regarding therelationship between insurance coverage and allegedprofessional misconduct?

Your Answer: The costs of legal counsel for defendingallegations that relate to intentionalbehaviour such as fraud are generallynot covered, but the costs of defendingallegations in relation to unintentionalacts such as negligence are generallycovered.

6. A geoscientist has access to data regarding golddeposits, and shares that information with a friend whotrades mining stocks. Which duty has the geoscientistbreached?

Your Answer: All of the above.

7. An engineer is concerned about the safety of workmethods used be a contractor. Which of the following

best describes the appropriate course of action?

Your Answer: The engineer should warn thecontractor that the work method isconsidered unsafe and notify theappropriate occupational health andsafety regulatory office of the workmethods being used.

8. Which of the following statements is false regarding theobligations of a professional asked to provide expertwitness opinion evidence in a court case involvingallegations of professional incompetence.

Your Answer: Because civil litigation is an adversarialprocess, the witness may consider theinterests of the party that hired him orher when formulating the opinionevidence to be given.

9. Which of the following would not be a conflict ofinterest?

Your Answer: All of the above involve conflicts ofinterest.

Correct Answer: A geoscientist arrives at a projectsite to perform soils testing for thepurpose of assessing foundationtype, and discovers that thelandowner is an acquaintance heattended elementary school with.

On the facts given, the Geoscientist would have noincentive to incorrectly specify the soil test results.

10. Which of the following would be a breach of the duty ofloyalty by a mechanical engineer who works for acompany that does only air conditioning system design?

Your Answer:

Your Answer: None of the above would be abreach of the duty of loyalty.

Correct Answer: Advising an acquaintance who is abicycle shop manager as to the typeof extractor fan that might besuitable for the bicycle workshop.

Advising on air conditioning systems is the business ofthe employer and the employee should not participate inthat activity without the employer's consent.

11. What penalties may a professional face for failing toreport known misconduct of another professional?

Your Answer: Fine, temporary suspension, and / orexpulsion.

12. An engineer is asked to provide a written opinion on theadequacy of the design of another engineer for thepurposes of a court case, but is concerned thatinsufficient information has been provided. What is theminimum precaution the engineer should take?

Your Answer: Clearly set out in the report theinformation on which the opinion isbased, state all assumptions underlyingthe opinion, and state that the opinionmay change if the assumptions made orinformation relied on are inaccurate.

13. Which of the following statements is true?

Your Answer: Bid shopping is unethical, but notnecessarily illegal.

14.

14.A geoscientist prepares a prospectus. There is a mistakein the prospectus and a private investor sues thegeoscientist. The corporation who commissioned theprospectus does not sue. Which cause of action shouldthe geoscientist be least concerned about?

Your Answer: Negligent misrepresentation.Correct Answer: Breach of contract.

Since there was no contract with the investor (there wasonly one with the company), there will be no claim forbreach of contract.

15. If toxic contamination migrates onto your property froma neighbouring property, which of the following will notgenerally be a cause of action you would have?

Your Answer: Breach of contract.

16. Which of the following is not a typical task for anarchitect of record on a construction project?

Your Answer: Approving the construction technique ofthe main contractor.

17. Which is not a correct statement regarding changeorders?

Your Answer: Because contracts are carefully drafted,change orders rarely occur except onlarge projects.

18. At what stage should the contract administrator conductfield reviews?

Your Answer:As the contractor is preparing to

Your Answer:begin work.

Correct Answer: When the contractor is actuallyproceeding with the work.

Administrators will typically be required to performmultiple reviews, the majority of which should be donewhile the work is underway.

19. A project has been fully designed with drawings andspecifications prepared. The owner is on a tight budgetand wants the project built for the lowest price possible.The owner is prepared to pay the architect to closelyoversee the construction. What type of delivery systemis most appropriate for this situation?

Your Answer: Invitation to tender.

20. Which of the following is generally false in relation to abidder who submits a bid in a tender process?

Your Answer: The bidder must negotiate with theowner if the owner so requests.

21. Which of the following is an effective means for anengineer to ensure her design meets the standard of areasonable 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 againstnamed insureds.

24. Which of the following would normally be covered by aconsultant's errors and omissions insurance policy?

Your Answer: A claim by the owner for negligentdesign that resulted in wateringress.

Correct Answer: A claim by the owner because anegligently designed wall fell downand damaged other property.

Because of the large number and difficulties associatedwith claims for late drawings, water ingress and mould,most errors and omissions policies exclude claims forthose losses from coverage.

25. Which of the following is false regarding bid bonds?

Your Answer: Having a surety provide a bond is theonly way for a bidder to provide a bidbond.

26. Which of the following relationships is governed bylabour law?

Your Answer: Union-management.

27. Which of the following may be an unfair labour practiceat 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 dutyof the governments in Canada to consult with Aboriginalpeople?

Your Answer: All aboriginal people who will beaffected by the project and whohave a proven claim against the landaffected by the project.

Correct Answer: All aboriginal people who will beaffected by the project.

30. Which of the following rights does the copyright holdernot hold in relation to a book?

Your Answer: The right to restrict who can re-sell thebook.

31. Which of the following is least likely to occur in acontract between a municipality and a large constructionconsortium?

Your Answer: Misrepresentation.Correct Answer: Unconscionability.

Unconscionability, which typically relieves vulnerableparties from unfair contractual provisions, is unlikelybetween powerful sophisticated parties.

32. Which of the following is not likely a fundamental termof a construction contract?

Your Answer: The order in which the work will bedone.

33. Which of the following is not a common issue inconstruction contacts?

Your Answer: Incapacity of the parties.

34. Which of the following is not suited to the design-build-operate-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 fundamentalbreach of a contract to build a house?

Your Answer: Failure by the contractor to installessential reinforcement in the concreteof the foundations.

36. Which of the following would be a complete defence to aclaim of negligence?

Your Answer: The plaintiff was partly responsiblefor the harm they suffered.

Correct Answer: The harm would have occurredregardless of the defendant's acts.

If the harm would have occurred regardless, causationis 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 questionsabout its condition. X later finds out that the brakes arefaulty. A reasonably experienced driver would havebeen able to tell the brakes were faulty by driving thecar. Can X sue Y for misrepresentation?

Your Answer: Yes, because brakes determine thesafety of the car, B had anobligation to disclose the fault.

Correct Answer: No, A did not ask B any questionsand so B was not under a duty todisclose information regardingpatent 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 forinjury 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 keptprivate.

40. Generally, which of the following will not have a claim oflien?

Your Answer: An architect.Correct Answer: A subcontractor to the architect.

It depends on the provisions of the applicablelegislation, but generally a person engaged by anarchitect 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 anemployment 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 speltout in employment contracts and must be implied.

43. Which of the following statements regarding regulationof professions in Canada is false?

Your Answer: The regulatory bodies of selfregulated professions determinewho has the right to useprofessional titles associated withthat profession.

Correct Answer: The right of professions to governthemselves is conferred by federalstatute.

Regulation of professions is within provincial governmentjurisdiction.

44. What are the primary purposes of national organizationssuch as Engineers Canada (formerly the Canadian

Council of Professional Engineers), the Canadian Councilof Professional Geoscientists, and the Royal ArchitecturalInstitute of Canada?

Your Answer: They coordinate and foster mutualrecognition among regulatory bodiesand encourage commonality ofoperations.

45. Which of the following best describes who may use thetitle "Professional Engineer"?

Your Answer: Persons who have successfullycompleted the requirements of anengineer in training program.

46. Which of the following statements regarding scope ofpractice of a profession is false?

Your Answer: Ambiguity in the definition of thescope of practice is resolved byconsidering the facts of individualcases and keeping in mind the intentand purpose of the governinglegislation.

Correct Answer: To protect the integrity of theprofessions, all definitions of thescope of practice are specifiedprecisely and without ambiguity.

Defining neighbouring professions without overlap is achallenging task and some ambiguity in the definitionsof scope of each profession is inevitable.

47. Why do the definitions for the scope of professionalpractice often contain exclusions?

Your Answer: Exclusions are required to ensure thatprofessionals in neighbouring and

overlapping professions are not inbreach of statute of for merelypracticing the profession they areregistered to practice.

48. Which of the following statements regarding professionalregistration is false?

Your Answer: Only individuals, and never thecorporations that employ them, arerequired to be registered.

49. Which of the following statements regarding use ofprofessional seals is false?

Your Answer: Most regulatory authorities haveguidelines for the use of seals.

Correct Answer: Using a professional seal means thatthe professional has personallyprepared or supervised thepreparation of the documents.

A professional may apply his or her professional seal toa document even if he or she has only reviewed thedocument.

50. What is a letter of assurance?

Your Answer: An assurance that a project will beconstructed within budget.

Correct Answer: A letter by a professional statingthat that work has been done inaccordance with the plans orspecifications.

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