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최신 CET Certification IEPPE 무료샘플문제 (Q76-Q81):
질문 # 76
What are joint tortfeasors?
- A. None of the options
- B. Two or more parties who together committed a tort
- C. Two or more parties who together are plaintiffs in a tort action
- D. Two or more parties who are on opposite sides in a tort action
정답:B
설명:
Joint tortfeasorsaretwo or more individuals or entities who are held responsible for the same wrongful act (tort).
Step-by-Step Explanation:
* Definition of Joint Tortfeasors-
* Multiple parties share liabilityfor asingle wrongful act.
* They can bejointly or severally liable(i.e., each can be sued for full damages).
* Example:
* Iftwo engineers collaborate on a defective bridge design, and it collapses, both may be held jointly liable.
* Why Option D Is Correct:
* Joint tortfeasorscommit a tort together, making themcollectively responsible.
* Why Other Options Are Incorrect:
* A (None of the options)- Incorrect becausejoint tortfeasors exist in law.
* B (Plaintiffs together)- Plaintiffs arethe injured parties, not the wrongdoers.
* C (Opposing parties)- Joint tortfeasors are on thesame side as defendants.
Reference:
Ontario Joint Liability Act- Defines responsibilities of multiple defendants in a tort case.
OACETT Professional Practice Guidelines- Encouragescollaborative accountability in engineering projects.
질문 # 77
Mike is an OACETT C. Tech. He works for a municipal government in their infrastructure department. He is responsible for designing and approving the sewage and water management systems in new residential developments. Mike is currently revising the design for the sewage and water management system for a development that is six months behind schedule due to a series of worker and materials shortages. The developer is also experiencing severe financial pressures, as a result of cost over runs caused by the shortages. As he is revising the sewage and water management system designs, Mike notices a flaw in the water catchment system built around a small lake that is a key selling feature of the residential development. The design flaw means that, while the relevant standards are still met, in severe rainfall events the catchment system will be very susceptible to flooding. The flooding may in turn make the area dangerous for the residents using the park and recreational area around the lake.
Mike brings this design flaw to the attention of his manager. His manager then schedules a meeting with the developer to discuss the design flaw. The developer indicates that the design cannot be changed due to budget constraints and existing commitments to the present design. Mike's manager then communicates this to Mike. He directs Mike to stamp the designs. What should Mike do in this situation?
If Mike chooses to stamp the designs, what could one possible consequence be for him professionally given the professional practice issue in the situation?
- A. The developer could contact OACETT with a professional practice complaint
- B. There would be no consequence because there is no professional practice issue
- C. The manager could recommend him for a promotion for supporting the company appropriately
- D. He could have to complete additional technical courses at the local college to learn the expertise he needs to complete the solar panel installation
정답:A
설명:
Comprehensive and Detailed In-Depth Explanation:
In this scenario, Mike is a Certified Technician (C.Tech.) working in a municipal government infrastructure department. As a professional under the Ontario Association of Certified Engineering Technicians and Technologists (OACETT), he is required to adhere to the Code of Ethics and Professional Practice Guidelines.
Ethical and Professional Responsibility:
* Public Safety and Welfare:
* OACETT's Code of Ethics explicitly states that certified members must prioritize public welfare and safety over financial or business interests.
* The design flaw in the water catchment system makes the area highly susceptible to flooding during severe rainfall, which presents a safety hazard for the community.
* Professional Responsibility and Accountability:
* As a C.Tech., Mike has a duty to identify and report deficiencies in engineering designs that could result in public harm.
* By stamping the flawed design, Mike would be accepting responsibility for a system that he knows is inadequate, which could lead to legal liability, professional discipline, or reputational damage.
* Consequences of Stamping the Design:
* If Mike proceeds with stamping the design despite knowing its flaws, he could face disciplinary action from OACETT.
* The correct answer, B, indicates that the developer (or another stakeholder) could file a professional practice complaint against him with OACETT.
* OACETT may then conduct an investigation under its disciplinary procedures, which could result in penalties such as:
* Reprimand or Suspension of Certification
* Revocation of Membership
* Fines or Other Professional Sanctions
Analysis of Incorrect Options:
* Option A (Incorrect):
* There is a professional practice issue because stamping a flawed design that compromises public safety violates OACETT's ethical and professional standards.
* Option C (Incorrect):
* While the manager may value Mike's decision to comply, supporting a flawed design does not align with professional integrity.
* Promotions should be based on ethical and competent practice, not on avoiding conflicts with developers.
* Option D (Incorrect):
* The question does not mention solar panel installation.
* Additional technical courses are not an appropriate consequence in this case, as the issue is not a lack of technical expertise but an ethical and professional responsibility failure.
References to Certified Engineering Technologist (CET) Objectives and Documents:
* OACETT Code of Ethics: "Members shall regard the welfare of the public, the environment, and the employer as paramount."
* Professional Misconduct under the Ontario Professional Engineers Act and OACETT Bylaws:
Stamping or approving a flawed design knowingly can be considered negligence or professional misconduct.
* Risk Management in Engineering Practice: Ethical engineers and technologists must identify risks and ensure that public safety concerns are addressed, regardless of business pressures.
By refusing to stamp the design, Mike upholds his professional integrity and protects public safety, fulfilling his ethical obligations as a Certified Technician.
질문 # 78
What is the term for a legal obligation an individual has towards another to adhere to a certain standard when performing any act that may harm the other?
- A. Occupier's liability
- B. Duty of care
- C. Reasonableness
- D. Professional liability
정답:B
설명:
Theduty of careis alegal obligationrequiring individuals or organizations toact reasonablyandavoid actions that could foreseeably harm others.
Step-by-Step Explanation:
* Definition of Duty of Care-
* Duty of care means that aperson or organization must take reasonable steps to prevent harm to others.
* It applies inprofessional practice, engineering, workplace safety, and general negligence law.
* Example in Engineering-
* An engineer mustdesign structures that meet safety standardsto prevent harm to users.
* Why Other Options Are Incorrect:
* A (Professional liability)- Refers to alegal responsibility for professional mistakesbut does not define the obligation itself.
* B (Occupier's liability)- Specifically refers to theresponsibility of property ownersfor injuries on their premises.
* C (Reasonableness)- Atest used in negligence cases, but not the same as duty of care.
Reference:
Ontario Negligence Act- Establishes theduty of care in legal cases.
OACETT Code of Ethics - Public Welfare Clause- Requires members toprotect public health, safety, and welfare.
질문 # 79
Alex is an OACETT C.E.T. He works at an IT company that completes unique software programming for industrial and medical tools and equipment. There was sample hardware in the office that Alex did not think the company needed. He took the hardware home to see if he could adapt it for a project he was working on for his own interest. He did not intend to make money off of the project; he simply wanted to see if an idea he had was feasible. The next week the company owner asked all employees about the whereabouts of the sample hardware. The company owner indicated that the hardware needed to be returned to the manufacturer and that the company would get charged for it if it was not returned. Alex did not say anything to the company owner about having taken the sample hardware.
By this time, he had already disassembled it and used different parts in his own project. He was not able to put the sample hardware back together.
What can Alex do to avoid a similar situation in the future?
- A. Not admit at any time that he has done anything wrong.
- B. Quit the company before the company owner can file a complaint with OACETT.
- C. Not take the hardware apart when he has it at home but just use it for visual ideas.
- D. Ask the company owner for permission to use the hardware before taking it home.
정답:D
설명:
1. Ethical Lessons from Alex's Case
* Alextook company property without permissionandaltered it, resulting ina financial loss for his employer.
* His actionsviolated professional ethics, specificallyconfidentiality, honesty, and responsibility.
2. How to Avoid Future Ethical Issues:
* Always seek explicit permission before using company resources for personal projects.
* Understand company policies on equipment usagebefore making assumptions.
* Keep a professional record of approvals to protect against misunderstandings.
3. Why Option C is Correct:
* Getting permission before using company property is the only ethical and professional course of action.
* Itensures transparency, accountability, and compliance with workplace policies.
4. Why Other Options Are Incorrect:
* A (Just use the hardware for visual ideas)- Still unethical becausethe item was taken without permission.
* B (Not admitting wrongdoing)- Completely unethical andcould damage credibility and career prospects.
* D (Quitting to avoid accountability)- This would beirresponsible and does not resolve the ethical issue.
Reference:
OACETT Code of Ethics - Honesty & Transparency in Professional Conduct
Ontario Employment Standards Act - Employee Responsibilities & Use of Company Property
질문 # 80
Which one of the following statements with respect to negligent misrepresentation is correct?
- A. Misrepresentation occurs after a contract is in place.
- B. Misrepresentation rarely comes from the contract itself.
- C. Misrepresentation is a false statement or conduct that induces a party to enter into a contract.
- D. A contract that was entered into by inducement from misrepresentation is enforceable.
정답:C
설명:
Negligent misrepresentationoccurs whenfalse statements lead someone to enter into a contract, causing them harm.
Step-by-Step Explanation:
* Definition of Negligent Misrepresentation:
* Afalse or misleading statementmadewithout reasonable care, leading tofinancial loss.
* Why Option C Is Correct:
* Misrepresentationhappens beforea contract is finalized,inducing the other party to agree.
* Why Other Options Are Incorrect:
* A (After contract is in place)- Misrepresentationhappens before, not after.
* B (Rarely from contract itself)- False statementsoften appear in contracts.
* D (Misrepresented contract is enforceable)- Courtscan voidcontracts made under misrepresentation.
Reference:
Ontario Contract Law - Misrepresentation Doctrine
OACETT Ethics - Honesty in Business Practices Clause
질문 # 81
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