What are the four elements required for a successful negligence claim?

Duty, breach, causation, and damages - all four must be present.

True or False: Engineers only owe duties to their direct clients under contract.

False. Modern legal doctrine extends duties to foreseeable third parties who may be affected by the engineer's work.

The level of competence a reasonably prudent engineer would exercise is called _____.

Standard of care

Which type of professional negligence involves providing false information without reasonable care?
A) Breach of contract
B) Negligent misrepresentation
C) Strict liability
D) Intentional tort

B) Negligent misrepresentation

What is the difference between statute of limitations and statute of repose?

Limitations runs from injury discovery; repose runs from project completion with absolute cutoff.

An engineer designs a bridge using outdated load requirements, causing structural failure. What element of negligence involves the engineer's substandard performance?

Breach of duty

True or False: Professional liability insurance typically covers intentional wrongdoing and fraud.

False. Intentional wrongdoing and fraud are typically excluded from professional liability coverage.

Claims-made coverage protects against claims made during the _____ period.

Policy

Which contract element requires both parties to exchange something of value?
A) Offer
B) Acceptance
C) Consideration
D) Capacity

C) Consideration

What type of damages are limited by consequential damages waiver clauses?

Indirect losses like lost profits and business interruption costs.

An engineer specifies wrong materials causing equipment damage. The harm was directly caused by the specification error. This demonstrates which negligence element?

Causation

True or False: Limitation of liability clauses typically apply to gross negligence.

False. These clauses generally do not apply to gross negligence or willful misconduct.

The legal responsibility for injuries caused by defective products is called _____.

Product liability

Which expert witness responsibility involves distinguishing facts from professional opinions?
A) Objective analysis
B) Clear communication
C) Professional integrity
D) Conflict avoidance

B) Clear communication

What determines the standard of care in professional negligence cases?

What a reasonably prudent engineer with similar training would do under similar circumstances.

A building collapses due to an engineer's reckless disregard of safety codes. This likely constitutes which level of negligence?

Gross negligence

True or False: Engineers must guarantee error-free work to meet the standard of care.

False. The standard requires reasonable competence, not perfection or error-free work.

Contractual provision where one party compensates the other for certain losses is _____.

Indemnification

Which product defect type involves inadequate warnings about foreseeable risks?
A) Design defect
B) Manufacturing defect
C) Failure to warn
D) Strict liability

C) Failure to warn

Why might an engineer be liable to building occupants without contractual relationship?

Modern doctrine extends duty to foreseeable third parties who may be harmed.

An engineer designs HVAC systems but accepts a structural project. What professional liability principle does this violate?

Practice only within areas of competence

True or False: Occurrence coverage protects against acts during the policy period regardless of claim timing.

True. Occurrence coverage applies to acts during the policy period, not when claims are made.

Pre-determined compensation amounts for specific contract breaches are called _____.

Liquidated damages

Which tort liability type applies regardless of fault or negligence?
A) Negligent tort
B) Intentional tort
C) Strict liability
D) Professional negligence

C) Strict liability

What creates mutual obligations and rights between contracting parties?

Privity of contract - the direct contractual relationship between parties.

A geotechnical report recommends 4-foot foundations, but engineer designs 3-foot depth to save costs, causing frost damage. This demonstrates what type of professional conduct?

Breach of standard of care for disregarding specialist recommendations without justification.

True or False: Expert witnesses must be licensed in the same engineering discipline as the case.

True. Expert witnesses must be licensed professional engineers in the relevant discipline.

Coverage needed when changing professional liability policies or retiring is called _____.

Tail coverage or extended reporting period

Which essential contract element requires parties to understand and agree to terms?
A) Consideration
B) Capacity
C) Mutual assent
D) Legality

C) Mutual assent

What type of warranty is assumed by law without explicit statement?

Implied warranty, such as fitness for intended purpose.

An engineer fails to warn about known structural risks in a report used by contractors. Several workers are injured. What type of liability exposure exists?

Negligent misrepresentation to foreseeable third parties who relied on the information.

True or False: Professional liability insurance deductibles must be paid before coverage begins.

True. The deductible or self-insured retention amount must be paid first.

Civil wrong other than breach of contract that causes harm is _____.

Tort

Which risk management practice helps reduce liability exposure through systematic verification?
A) Clear contracts
B) Quality control
C) Documentation
D) Communication

B) Quality control

What determines when statute of limitations begins under the discovery rule?

When plaintiff discovers or reasonably should have discovered the injury.

A project completes January 1, 2020. Injury discovered January 1, 2025. With 3-year limitations and 8-year repose, when do deadlines expire?

Limitations: January 1, 2028; Repose: January 1, 2028. Both expire same date.

True or False: Certificate of insurance modifies the actual policy terms and coverage.

False. It only proves coverage exists and provides summary information without modifying terms.

Document proving professional liability insurance exists without modifying policy terms is _____.

Certificate of insurance

Which design defect evaluation method considers whether reasonable alternatives would reduce risk?
A) Consumer expectation test
B) Risk-utility test
C) Strict liability test
D) Negligence standard

B) Risk-utility test

How does gross negligence differ from ordinary negligence in professional liability?

Gross negligence shows reckless disregard; ordinary negligence is failure to meet care standard.

An engineer stamps plans outside their expertise area, causing design failures. What professional principle was violated and what level of negligence occurred?

Violated competence requirement; likely gross negligence for practicing outside qualified area.

True or False: Statutes of repose can bar claims before the plaintiff discovers any injury.

True. Repose provides absolute cutoff regardless of discovery, potentially barring unknown claims.