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SENIMAR

Total questions: 6

Worksheet time: 4mins

Name
Class
Date
1.

In the video program, Testing Water ... and Ethics, the

ultimate solution selected by the decision makers to

their ethical dilemma actually protected the

engineering firm's self interest by maintaining its

established relationship with its client even though

that required the firm and its engineers to violate the

full reporting duty of the NSPE Code of Ethics.

According to the program epilogue, this was an

ethically viable alternative under these facts because:

a)

Jim Duffy simply deferred his judgment

about what was right to his immediate

supervisors even though he clearly

disagreed with their decision.

b)

The Company decided to go along with this

important client, but if the client had not

been one of such great significance to the

firm, the Company would have simply

reported the results from all wells.

c)

After considering and exploring several

ethically viable alternatives, the Company

decided on a course of action that it

believed would minimize the bad and

maximize the good consequences in the

long term

d)

Jim Duffy was primarily interested in one

dimension of the problem, the obligation to

tell the truth, not loyalty to the Company

and his boss.

2.

In the video, Testing Water ... and Ethics, the final

resolution protected the self-interests of the

engineering firm while delivering what the client

wants by compromising as noted in question 1. Which

of these statements illustrates why the decision is also

consistent with the Josephson Ethical Decision

Making Criteria?

a)

There was no ethical dilemma in this case, making

the decision maker's pursuit of self-interest

acceptable under these circumstances.

b)

Since there was a true ethical dilemma in this case,

the decision maker must always sacrifice his self-

interest to protect the real stakeholders.

c)

Because Anderson Properties is a significant client

of Porter-Rodman Engineering, Promise keeping,

e.g. fulfill contract promises, is more important

than abiding by the law, e.g. an ethical duty to

report completely.

d)

The decision maker selected the option that

sacrificed the ethical principle of Abiding by the

Law to advance the ethical principle of Promise

Keeping in order to produce the greatest balance

of good results over bad results.

3.

Based on the text readings on the law, indemnities,

and standard of care, which of the following statements are

NOT correct based upon the

prevailing themes of those columns?

a)

If a client requires you to agree by contract

to "abide by the highest professional standards,"

he is simply requiring you to agree to the same

standard imposed by the common law of

negligence if no such provision is included.

b)

At a minimum, a limited form indemnity

provision is necessary in engineering contracts

because without one, the engineer could not be

held accountable for negligent acts.

c)

A limited form indemnity agreement in an

engineering contract is redundant because the

limited form indemnity makes an engineer liable

for negligence as a matter of contract law just as

does tort law.

4.

In the case of "The City of San Diablo v. Delacourt

Engineering" in the readings, Delacout Engineering

agreed to "hold harmless, indemnify and defend the

City from and against any and all claims or liability

arising out of ... the work." Which of the following

statements are true about this case?

a)

Delacourt was not negligent in the

performance of its duties and the judge dismissed

the negligence claim filed against Delacourt by

the victim's family.

b)

Delacourt was negligent in the

performance of its duties, and it also had to pay

the City's legal costs and damages after the boy

drowned.

c)

Whether Delacourt was negligent or not

was irrelevant with respect to the legal duty for

Delacourt to reimburse the City for its legal costs

and damages in the case.

5.

It is clear that an enforceable contract

need not be written in legalese, typically sounding like

a lawyer, to be enforced by the court, and plain simple

language is a better approach.

a)

TRUE

b)

FALSE

6.

You must place all contract

agreements in written form, signed by both

parties, and it is necessary to hire an attorney

to create the contract, otherwise a court will

not enforce the terms.

a)

TRUE

b)

FALSE