1. SOSC 111 - Science Technology and Society Today: Lesson 20 Engineering and the Law November 6, 1998 Dr. Vincent Duffy - IEEM http://www- ieem.ust.hk/dfaculty/duffy/111 email: vduffy@ust.hk 1

2. Administrative - election day results n Original plan for Exam 2 and Final u Final is cumulative, Exam 2 is not. u Exam 2 is to be held Nov. 16, Monday eve. 6:30-8:10pm. u Final : scheduled Dec. 15, Tuesday 8:30-11:30am, G017 n Option 1 u leave everything the same. u If more than half choose option 1, we will keep everything the same.

3. Administrative - election day results n Total level for exam: (113 respondents) n Option 1: 57 (50.44%) n Option 2: 37 In which, 28 (will); 6 (will not) and 3(not stated) (32.74%) n Option 3: 19 (16.8%) n Section 1: Exam : Total respondents =47 (class size is 48) n Option 1: 26 (55.3%) n Option 2: 13 In which, 12 (will) and 1(will not) (27.65%) n Option 3: 8 (17.02%) n Section 2: Exam : Total respondents = 38 (class size is 40) n Option 1: 24 (63.1%) n Option 2: 11 In which, 9 (will): 1 (will not) and 1 (not stated) (28.95%) n Option 3: 3 (7.89%) n Section 3: Exam: Total respondents = 28 (class size is 32) n Option 1: 7 (25%) n Option 2: 13 In which, 7 (will); 4 (will not) and 2 (not stated) (46.43%) n Option 3: 8 (28.57%)

4. Introduction to Engineering and the law n build on new material about law & eng/bus. u review reading on law of contract & tort u discuss the differences between contract and tort law 5

5. QOTD n Q.1. Why do engineers/scientists need to worry about the law? n Q.2. What is the difference between law of contract and law of tort? n Q.3. Why do we need the law of Tort? Why is the law of Contract not enough? Please give an example. 7

6. Contract Law n elements of a legally binding contract F intention to create legal relations F offer and acceptance, F capacity-adult of sound mind, etc. F and legality F genuine consent F privity of contract -what does it mean? n An example - privity of contract u Mr. Beswick sold coal business to his nephew F brother/sister’s son -- he is to be paid yearly pension F and Mrs. Beswick is to receive if he should die F only those in the contract have rights from the contract 9

7. n Mr. Tso buys a hairdryer for his wife u the hairdryer explodes and Mrs. Tso is burned u Can Mrs. Tso sue her husband? F no, it is a gift, no contract u can Mr. Tso sue the retailer? F no he is not the injured party u even if he could F the limits of the judgement would be the cost of hairdryer n This case represents: u an example of Limitations of the law of contract 10

8. Another Hong Kong example n What does this show an example of? u Mrs. Donahue and friend went to a cafe u friend bought Ginger Beer for Mrs. Donahue u Allegedly: A rotting snail fell out of the bottle F she suffered shock and serious stomach disorder u What could Mrs. Donahue do? n This is an example of ? u Limitations of the law of contract u nearly the beginning of Tort Law 11

9. Why Tort and limitations? n the contract law gives protection to people who voluntary enter into an agreement n those who are affected involuntarily n have no recourse/ability to be heard or compensated in contract law n Tort law developed to address this limitation 12

10. Tort Law n tort u french word meaning ‘wrong’ was committed u differences between ‘contract’ and ‘tort’ n two key questions are asked u whose fault was the accident u what is the extent of blame of each party 13

11. n Sayers v. Urban Council (1958) u Mrs. Sayers was locked in a public lavoratory u shouted for help, and then climbed over the wall u she fell and was hurt badly u who should compensate her? anyone? u she has no contract w/the owners of the facility n Judge determined u who was at fault and how much u in this case (75/25 faulty lock) 14

12. Contract & Tort: Differences n the contract law gives protection to people who voluntary enter into an agreement n those who u are affected involuntarily u do not have a contract and do not consent n have no recourse/ability to be heard or compensated in contract law n Tort ‘wronged’ law u duty to protect/be fair imposed by law u judged by the merits of the case 15

13. Why do we need the law of tort? Why is contract law not enough? n remember Mrs. Tso? F her husband bought her a hairdryer that exploded n remember Mrs. Sayers? u locked in a public toilet and got hurt climbing out n see example w/Mrs. Donahue u in your reading (to be handed out today) u summarized in class today 16

14. n minimum compliance - what does it mean? u someone follows the law, but doing not more than is required u doing the minimum in order to not break the law, u satisfying the minimum requirement, u following the minimum standard 17

15. Why do engineers and scientists need to worry about the law? n So they don’t end up in bad contracts n Manufacturers are not so well protected (as in the past) from neglecting the care of users. u (or minimum compliance is not enough)