Bill Woodhead
Practical Law of Architecture,
Engineering, and Geoscience
Third Canadian Edition
Brian M. Samuels
Samuels & Co., Barristers and Solicitors
Doug R. Sanders
Borden Ladner Gervais LLP
Toronto
Copyright © 2016 Pearson Canada Inc.. Pearson Prentice Hall. All rights reserved. This work is protected
by Canadian copyright laws and is provided solely for the use of instructors in teaching their courses and
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by Brian M. Samuels and Doug R. Sanders, to post this material online only if the use of the website is
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reproduced material bears this copyright notice.
,Contents
Preface 3
Chapter 1 The Canadian Legal System 4
Chapter 2 Regulation of the Professions 5
Chapter 3 Ethical Considerations 6
Chapter 4 Property Law 7
Chapter 5 Business Organizations 10
Chapter 6 Contracts 12
Chapter 7 Breach of Contract 14
Chapter 8 Interpreting and Drafting Contracts 16
Chapter 9 Selected Contract Issues 17
Chapter 10 Getting to a Contract 20
Chapter 11 Specific Contracts and Clauses 24
Chapter 12 Torts 26
Chapter 13 Common Issues in Contract and Tort 28
Chapter 14 Dispute Resolution and Expert Evidence 30
Chapter 15 Risk, Responsibility, and Dispute Avoidance 32
Chapter 16 Insurance 33
Chapter 17 Bonds 36
Chapter 18 Construction Liens 38
Chapter 19 Delay and Impact Claims 40
Chapter 20 Labour Law 42
Chapter 21 Employment Law 44
Chapter 22 Health and Safety Law 46
Chapter 23 Environmental Law 47
Chapter 24 Aboriginal Law 49
Chapter 25 Securities Law 50
Chapter 26 Privacy Law 51
Chapter 27 Internet Law 52
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,Preface
Practical Law of Architecture, Engineering, and Geoscience was designed to serve a
wide variety of courses. It is appropriate for students who are studying the legal aspects
of any sector of the construction industry, or any other project-driven industry with a
network of parties contractually related to one another.
This Test Item File provides sample questions and answers for each of the 27 chapters of
Practical Law of Architecture, Engineering, and Geoscience. Four types of questions are
used: True or False, Short Answer, Multiple Choice, and Essay.
Copyright © 2016 Pearson Canada Inc. 3
, Chapter 1 The Canadian Legal System
TRUE FALSE
1. Civil litigants have an automatic right of appeal to the Supreme Court of Canada.
Answer: False Page: 2 Difficulty: Moderate Skill: Applied
SHORT ANSWER
2. What rule applies when federal and provincial legislation have a direct operational
conflict?
Answer: The federal legislation trumps the provincial legislation to the extent of the
contradiction. This is called the doctrine of paramountcy.
Page: 1 Difficulty: Moderate Skill: Applied
MULTIPLE CHOICE
3. Which of the following is a federal power under the Canadian Constitution?
a. fisheries
b. management of hospitals
c. governance of the professions
d. contracts
Answer: a
Comment: The others are within provincial government jurisdiction.
Page: 1 Difficulty: Easy Skill: Applied
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