Engineering Communications Engineering Law. Overview General ConceptsGeneral Concepts ContractsContracts TortsTorts Strict Liability in TortStrict Liability.

Engineering Communications

Engineering LawEngineering Law

OverviewOverview

• General ConceptsGeneral Concepts

• ContractsContracts

• TortsTorts

• Strict Liability in TortStrict Liability in Tort

• AssignmentAssignment

• Why engineering law?Why engineering law?

• Ignorance versus knowledgeIgnorance versus knowledge– Due diligenceDue diligence– Standard of careStandard of care

• Law versus Case LawLaw versus Case Law

General ConceptsGeneral Concepts

ContractsContracts

• Legally binding agreement or promise to Legally binding agreement or promise to exchange goods or serviceexchange goods or service– Clear and specific offerClear and specific offer– Consideration (payment)Consideration (payment)– AcceptanceAcceptance– VoluntaryVoluntary– Parties of legal capacityParties of legal capacity– Legal contentLegal content

• Delays or inadequate performance due to Delays or inadequate performance due to war, strikes, and acts of Godwar, strikes, and acts of God

• Modified or canceled only in writingModified or canceled only in writing

• Time is of the essenceTime is of the essence

• Headings are not contentHeadings are not content

• Governed by county and state in which Governed by county and state in which signedsigned

• American Arbitration AssociationAmerican Arbitration Association

Boilerplate ClausesBoilerplate Clauses

• Mutual agreementMutual agreement

• Impossibility of Impossibility of performanceperformance

• Illegality of the contractIllegality of the contract

• FraudFraud

Discharge of ContractsDischarge of Contracts

• Breach of ContractBreach of Contract– Party fails to satisfy all obligations Party fails to satisfy all obligations

of contractof contract• Willful or unintentionalWillful or unintentional• Redress: fulfill contract; no punitive Redress: fulfill contract; no punitive

damagesdamages

Breach of ContractBreach of Contract

• NegligenceNegligence–Action taken without proper care Action taken without proper care

resulting in damagesresulting in damages• Standard of CareStandard of Care• Willful or unintentionalWillful or unintentional• Punitive damagesPunitive damages

NegligenceNegligence

• MisrepresentationMisrepresentation– Intentional false statement known to be false at Intentional false statement known to be false at

the time it is madethe time it is made

• FraudFraud– A reckless or intentional misstatement of a A reckless or intentional misstatement of a

material factmaterial fact– Meant to deceiveMeant to deceive– Resulting in misleading the innocent party to Resulting in misleading the innocent party to

contractcontract– To the innocent party’s detrimentTo the innocent party’s detriment– Prove beyond reasonable doubtProve beyond reasonable doubt

Misrepresentation & FraudMisrepresentation & Fraud

• Civil wrongCivil wrong

• Must be injury (damage)Must be injury (damage)

• LiabilityLiability– Product Product – ManufacturingManufacturing– DesignDesign– CodeCode

• Design professionals versus ManufacturersDesign professionals versus Manufacturers– Who loses the job versus who loses the money?Who loses the job versus who loses the money?

TortsTorts

• Manufacturing, design, and labelingManufacturing, design, and labeling

• UsageUsage

• Unreasonable dangerousUnreasonable dangerous

• Caused injuryCaused injury

• Reasonably foreseeableReasonably foreseeable

Case Law – Defects (Strict Case Law – Defects (Strict Liability)Liability)

• Intellectual PropertyIntellectual Property– Patents, copyrights, and trademarksPatents, copyrights, and trademarks

• SecuritySecurity– Hackers & privacyHackers & privacy

• InsuranceInsurance– Errors and omissions Errors and omissions – Going bareGoing bare

Other Legal TopicsOther Legal Topics

• Select and read a caseSelect and read a case

• Prepare a case brief formPrepare a case brief form

• Due April 5Due April 5

• http://www.engr.unr.edu/~internships/courses/301/Legal.htm

AssignmentAssignment