Woolpert Risk Awareness Program - Module 2

1. True or false? A contract is a promise to perform in exchange for a benefit.

True

False

2. To determine if a professional has breached its duty, the professional’s actions are measured against:

Experts in the professional’s field

The professional’s co-workers

The ordinary level of skill and care that is common and appropriate in the same situation

None of the above

3. True or false? Woolpert is liable if a subcontractor that Woolpert hires is negligent.

True

False

4. True or false? Tort liability is the same as contract liability.

True

False

5. True or false? Negligence is a type of tort.

True

False

6. True or false? In performing your duty as a professional, your work must be perfect.

True

False

7. True or false? Strict liability is liability without fault.

True

False

8. Sources of your duty as a professional include:

Codes

Design standards

Professional registration laws

Both (A) and (B)

All of the above

9. When a problem arises on a project, what’s one of the first things you should do?

Contact Woolpert’s Chief Operations Officer

Contact OSHA

Review the terms and conditions of the contract

Go home

10. True or false? Contract liability always requires the design professional to be negligent.

True

False

11. Negligence is:

A primary form of contract liability

An intentional wrong

The failure to exercise reasonable care

None of the above

12. A material breach of a contract is:

A minor deviation from the terms of the contract

A substantial failure to perform

Both of the above

None of the above

13. True or false? Legal claims against design professionals can be based on contract liability.

True

False

14. Negligence for the professional is:

The failure to exercise the highest standard of care

The failure to exercise the minimal standard of care

The failure to exercise the ordinary standard of care

None of the above

15. Legal liability arises when:

You have a duty to perform

You fail to perform the duty

You perform the duty but not to the appropriate standard of care

All of the above

None of the above

16. True or false? Legal claims against design professionals do not need to be based on allegations of negligence.

True

False

17. Strict liability:

Never applies to design professionals

Always applies to design professionals

May apply to design professional if the design professional agrees to it in the contract

18. True or false? A contract is always a written agreement.

True

False

19. To be found negligent, there must be:

A contract, a breach of the contract, proximate cause, and damages

A duty, a breach of a contract, proximate cause, and damages

A duty, a breach of that duty, and proximate cause

A duty, a breach of that duty, proximate cause, and damages

20. True or false? Contract liability always requires a breach of the contract.

True

False

21. True or false? Loss of profits is a form of consequential damages.

True

False

22. What is a tort?

A criminal act

A dessert

A civil wrong

A breach of contract

23. True or false? The client does not need to prove damages for you to be found liable under the contract.

True

False

24. True or false? You can be liable for negligence even if the individual claiming negligence does not suffer any damages.

True

False

25. True or false? A contract can never change the legal standard of care of a design professional.

True

False

26. Should we agree to indemnify our client for a breach of contract?

Yes

No

Maybe

27. True or false? A professional can change the standard of care through the contract.

True

False

28. What is the highest level of care for a professional?

Perfection

Near perfection

Average

Undeterminable

None of the above