Engineering Law Lecture 1

1. Welcome to Law for Engineers
BLAW2000/5024
Unit Controller and Lecturer
Dr Stephen Monterosso
Email: s.monterosso@curtin.edu.au
Ph: 9266 3879
Room: 407 329
Consultation by appointment Mon-Thurs

2. Law for Engineers
Topic 1
Introduction to the law

3. Outcomes
Practical awareness of fundamental principles of the law;
An understanding of the nature and structure of the Australian legal
system;
A basic knowledge of legal concepts and principles relating to the field
of engineering;
An appreciation of the engineer’s ethical and legal responsibility to the
profession and society; and
An ability to apply relevant legal principles to solve hypothetical legal
problems

4. Overview
Topics in Engineering Law
Australian legal system
Contract law – general, contents, tenders
Tort Law – negligence
Tort Law –negligent misstatement
Tort Law-defective design and structures
Employment Law including Discrimination and Workers Compensation
Intellectual property law (Copyright, Patent & Design)

5. Study materials
All on Blackboard
Tutorials (commence NEXT week for both face to face and Online)
Questions at the end of each topic should be attempted before each week’s class
commencing with Topic 1 questions in the Study Guide for next week.

6. Assessment
Major Assignment (Due September 19@1pm) 50%
Final examination (Exam Period Face to Face or IRIS) 50%

7. Blackboard
Log on via www.oasis.curtin.edu.au
You will need your
– Username; and
– Password
During the semester the following will be posted on Blackboard:
– Lecture PowerPoint slides, ilectures
– Study Guide
– Unit outline
– Assignments
– Announcements, additional material

8. Contact with me
Email
 Must provide name and student number
 Use appropriate subject heading
 Polite and professional language
 No SMS slang
 Not a substitute for lectures and tutorials

9. Why teach law to engineers?!
 In this course we will expose you to a large number of potential risks and
important legal issues that can be avoided (hopefully)!!
 These include:
 Australian legal system and structures, Contract Law, Negligence and
Negligent Misstatement, Intellectual Property, Employment and
Occupational Health and Safety

10. Why teach law to engineers?!
‘If an engineer encounters a law related problem, he/she will not know that it is
law related unless the engineer knows such problems might exist in the work
being undertaken.’
If he/she at least has a broad idea of what might turn up, then the engineer will
know that it is time to contact a lawyer, explain the situation and set the lawyer
to work”. Ron Ward, University of New South Wales
This course will equip you with the knowledge to identify and avoid engineering
law related problems.

11. Some engineering-related problems
A construction firm used improper moving equipment during bridge
construction resulting in a land slide and the death of three employees.
A school board-owner recovered from the engineers for breach of the
engineers’implied duty, in the contract between the school board and
the engineers, to specify the use of reasonably good materials.
A car manufacture sued an ex-employee (engineer) for using design
drawings to design a new car for a rival company.

12. Some engineering-related problems
A Housing Association could maintain an action against an engineer for
negligently misrepresenting that the project met the state's minimum
building codes, when it did not.
The owner of a townhouse complex brought suit against an architectural
firm, soils engineer and structural engineer after cracks developed in the
foundations.

13. Topic 1 outcomes
Understand the nature of law and its role in society;
Understand the concept of common law and its meanings;
Classify law into criminal and civil and discuss characteristics of each;
and
Understand the basics of studying law and answering legal questions.

14. Nature of law
 Definitions of law
 Legal systems
 Classification of law
 Sources of law

15. Meaning of law
The ground rules of the system.
An instrument of social engineering.
Body of rules and regulations that govern society.
A means of ordering society and resolving disputes.
A mechanism to regulate social and economic behaviour of those who
live in society.
Other?

16. Meaning of law
For the purposes of our course law can be defined as:
Those rules established by parliaments and courts that will be
recognised and enforced by the courts

17. Law and ethics
 The relationship between law and ethics
 Ethics – “an agreed standard of morality”
 Professional ethics
– Understanding of the profession
– Professional responsibilities
– Sets standards of behaviour
– Ethical issues
Confidentiality
Trust and good faith
Communication
Use of technology

18. Code of Ethics for Engineers
Engineering has a direct and vital impact on the quality of life for all people.
Engineers must adhere to the highest principles of ethical conduct.
As members of this profession, engineers are expected to exhibit the highest
standards of honesty and integrity.
Services provided by engineers require honesty, impartiality, fairness, and equity,
and must be dedicated to the protection of the public health, safety, and welfare.

19. Legal systems

20. Legal systems
• Civil law system
– Derived from Roman law
– Primary source of law is legislation
– Substantive and procedural law contained in comprehensive
documents called codes
– Forms the basis of most Western European legal systems
• Common law system
– Derived from Anglo-Saxon law
– Based on case law and statute
– Procedure, methods and decisions of the English court
– Forms the basis of English law and found in most commonwealth
countries

21. Meanings of common law
Common Law
System of law Law common to all Source of law

22. Common law and equity
Common law
– A comprehensive system
– Remedies are not discretionary (eg. damages)
– Common law rights are valid against the whole world
Equity
– Not a comprehensive system; basic maxims (eg Equity regards
substance rather than form)
– Based on principles of fairness and conscience
– Remedies are discretionary (eg injunction)
– Equitable rights are valid only against those persons specified by the
court

23. Classification of law
International/national
Public/private
Substantive/procedural
Criminal/civil

24. Civil Law
Parties involved
Burden of proof
Remedies
E.g Sue an engineer for negligence/negligent misstatement or defective
design

25. Criminal law
Parties involved
Burden of proof
Standard of proof
Sanctions
E.g Prosecution of an engineer or architect for industrial
manslaughter as a result of a death of a worker on site

26. SOURCES OF LAW
COMMON
LAW
EQUITY STATUTE OTHER ORIGINS

27. Studying law
Locating sources of law
The four step-process
Introduction – identify the area of law and issues
Discuss/explain the relevant law – statute/case law
Apply the law to the problem
Conclude
NB: It is essential to study pages 10-15 of the Study Guide Topic 1 in
particular the use of a 4 step answering technique for problem
questions

28. Summary
The importance of law
Classification of law
Sources of law
Law within an engineering context
Next Lecture
The Australian Legal System