SUMMARY EGINEERING LAW GET 511

1. Define the following

a. Law
b. Engineering law
c. Constitution
d. Rule of law
e. Jurisdiction.

Law: It is a set of rules that are created and enforced through governmental or social institutions in order to
regulate behavior and ensures that individuals or a community adhere to the will of the state.

Engineering law is the empirical study of the application of laws and legal strategy in engineering. It is an
applied law aimed to explain how law interacts with industry

Constitution: A constitution is an expression of the political will of the people, a statement, or an agreement,
as to how the people are to be governed, by whom, and with what responsibilities.

Rule of Law: “The doctrine of English law expounded by Dicey, in Law of the Constitution, that all men are
equal before the law whether they are officials or not

Jurisdiction means Power or right of a legal or political agency to exercise its authority over a person, subject
matter, or territory

2. Define Legal Institutions and list the legal institutions in Nigeria and their function

Legal Institutions: The institutions which enforce and uphold this rule of law

a. Legislature: which makes the laws

b. The Executive: which administers or enforce the laws

c. Judiciary: which interpret/declares the law, and what the rights of the individual are under the law.

3. Define Legal System and list 5 examples of legal system

Legal System: A system has been defined as the principles or procedures for the classification of laws,
matters or procedure relating to them.

a. International law

b. Constitutional and administrative law

c. Civil law

d. Common law

e. Criminal law

f. Contract law

g. Customary law

h. Tort law

i. Property law

j. Equity and trusts

 k. Religious law

4. List the types of law and explain them

i. Divine Law
ii. Eternal Law
iii. Natural Law
iv. Human or Positive Law

Divine Law: Divine Law is referred to as laws made by Almighty God to govern the affairs of man.

Eternal Law: The word eternal means something that would last forever. Eternal laws are laws that have been
applied since the beginning of time and would exist till the end of time.

Natural Law: This law is said to be the law that is innate in all mankind and can be deduced through the use of
reason.

Positive or Human Law: Positive Law can also be regarded as human law. These are laws made by man in
order to guide the conduct of members of the society

5. List the classes of law.

1. Public and Private Law

2. Civil Law and Criminal Law

3. Substantive and Procedural Law

4. Municipal and International Law

5. Written and Unwritten Law

6. Common Law and Equity

Public and Private Law: Public Law is that aspect of Law that deals with the relationship between the state, its
citizens, and other states. Private law, on the other hand, is that category of the law that concerns itself with
the relationship amongst private citizens.

Civil Law and Criminal Law: Civil law is that aspect of Law that deals with the relationship between citizens and
provides means for remedies if the right of a citizen is breached. Criminal Law, on the other hand, can be
referred to as that aspect of Law that regulates crime in the society. It punishes actions which are considered
harmful to the society at large. When treating a criminal case, the standard of proof to be used is proof
beyond reasonable doubt; in civil cases, the standard of proof is on the balance of probabilities.

CASE I: Mr. A wishes to procure goods from a supermarket located in a city centre where Mr. B, a custodian of
personal items, has a rented space for keeping impedimenta under his care. After a while, Mr. A comes back
to take her impedimenta, looked for the caretaker and eventually realized to her dismay that Mr. B had
absconded. Now if Mr. B is eventually found, he would be made to face the following charges:

i. Conversion, which is a criminal offence

ii. Breach of trust, which is a civil wrong.

CASE II : A Macho driver, Mr. D, of a commercial minibus beats traffic light and in an attempt to escape being
caught by traffic police, he rammed onto a car that has right of way, killing the driver and wounding another
passenger in the car. The traffic police charged Mr. D on one side on traffic light infraction, reckless driving
(civil wrong) and on the other manslaughter (criminal offence). The point in these two cases is that true
distinction lies not in the nature of the cases themselves but on the legal consequences arising therefrom. We
discern in both cases that crime and civil wrong are involved.

Municipal/Domestic and International Law: Municipal/Domestic law is the aspect of law which emanates from
and has effect on members of a specific state. International law, on the other hand, is the law between
countries.

Written and Unwritten Law: A law would not be regarded as written just because it is written down in a
document. Written laws are those laws that have been validly enacted by the legislature of a country.
Unwritten laws, on the other hand, are those laws that are not enacted by the legislature.

6. What is the Social significance of law.

The Social Significance of Law The knowledge of law enlightens people on the legal right and duties which
individuals need to exercise in any given society. It is seen to cement society through the enlightenment it
offers. It also provides basis for change in a society. It sets standards for judgment of individual or group
behaviour. If an individual or a group conducts themselves in an unworthy manner that is inimical to social
justice, which if not addressed can promote disorderliness and social injustice. The law is there to provide the
right course of action. Thus law is an essential medium of change. Besides, the knowledge of law provides
understanding on the way public affairs are conducted. Moreso, law is important in the following respects:

i. It promotes accuracy of expression

ii. The knowledge of law affords a person a natural ability to argue persuasively
iii. It also provides finely honed intuition for interpreting literary works because it deploys logic, social
values and systematic approach to analyzing issues and situations.

7. List the sources of Sources of Nigerian Law

i. Customary Law
ii. English law
iii. Local legislature
iv. Judicial Precedent

8. Explain the following

I. Writ
II. Writ of Centiorari
III. Prohibition
IV. Cert. Denied
V. Habeas Corpus
VI. Order of Mandamus

Writ: the term refers to a document written by a court to summon or require someone to do or refrain from
doing something.

Writ of Centiorari: this concerns a written application, seeking Supreme Court decision to hear an appeal from
a lower court. Put in another way, it refers to a decision by the Supreme Court to hear an appeal from a lower
Court.

Prohibition: it refers to a law or decree to prohibit something (to say that an action is illegal).

Cert. denied: it is an abbreviation used in legal citation to indicate that the Supreme Court denied a petition for
writ of certiorari in the case being cited
Habeas Corpus: it denotes a writ requiring a prisoner to be brought into Court for a judge to decide if their
detention is legal.

Order of Mandamus: it is a writ or court order issued by a high court to a lower court or to a tribunal, public
official, etc. instructing it or them to perform a duty, especially one which it should have performed.

9. List and Explain the classification of Civil Wrong

Civil wrongs can be classified under four headings as follows:

i. Breach of Contract: the contract can be written or oral. Also, it should be noted that any time
we make, say, a simple transaction or perhaps board a vehicle, we are directly doing contract.
ii. Tort: Tort refers to any form of wrong. Thus tort implies the following wrongs; - Assault -
Battery - False imprisonment - Trespass - Conversion - Defamation of character - Negligence,
and – Nuisance
iii. Breach of Trust Trust refers to enforceable obligation placed on a trustee by a settlor
(testator) in the interest of a beneficiary. Trust arises in situations like administration of will etc.
iv. Quasi-contract: this refers to what seems to be a contract that can morph into actual contract
under certain conditions such as when one seeks justice.

10. Pleads can crafted in 3 ways. Explain them

i. Pleads a Traverse: in this version, the defendant canvasses, albeit persuasively, to contradict the
facts provided by the plaintiff and thereby show that they are hollow and groundless.
ii. Pleads a Confession and Avoidance: in this, the defendant openly admits the allegation of facts by
the plaintiff and goes ahead to make void and porous those facts thereby whittle down their legal
effects. The defendant may even bring in plea of contributory negligence on the part of the
plaintiff.
iii. Objection in point of law: in this variety, the defendant may again admit the plaintiff’s statement of
fact but plead that in law those facts disclose no cause of action

11. List the Organization of Courts in Nigeria.

i. Supreme Court
ii. Federal Court of Appeal
iii. High Court
iv. National Industrial Court
v. Customary Court of Appeal
vi. Magistrate courts and District court
vii. Customary/Area/Sharia Courts

12. Explain Code of Ethics and Code of conduct.

A Code of Ethics governs decision-making, and a Code of Conduct governs actions. They both represent two
common ways that companies self-regulate. Code of Ethics referred to general principles to help guide
employee behaviour. The document outlines a set of principles that affect decision-making.

A Code of Conduct applies the Code of Ethics to a host of relevant situations. A particular rule in the Code of
Ethics might state that all employees will obey the law. A Code of Conduct might list several specific laws
relevant to different areas of organizational operations, or industry, that employees need to obey. The Code of
Conduct outlines specific behaviours that are required or prohibited as a condition of ongoing employment.
 13. What is the difference and similarities between Code of Ethics and Conduct

i. Similarities between Code of Ethics and Conduct: Both Codes are similar as they are used in an
attempt to encourage specific forms of behavior by employees. Ethics guidelines attempt to
provide guidance about values and choices to influence decision making. Conduct regulations
assert that some specific actions are appropriate, others inappropriate. In both cases, the
organization's desire is to obtain a healthy range of acceptable behaviors from employees.
ii. Differences between Code of Ethics and Conduct: Both are used in an attempt to regulate
behavior in very different ways. Ethical standards generally are wide-ranging and non-
specific, designed to provide a set of values or decision-making approaches that
enable employees to make independent judgments about the most appropriate
course of action. Conduct standards generally require little judgment; you obey or
incur a penalty, and the Code provides a fairly clear set of expectations about which
actions are required, acceptable or prohibited.

14. Define Contract and explain the two classes of contract

Contract may be defined as an agreement between parties intends to give rise to obligations enforceable
by law. There are two classes of contract.

a. Simple contract
b. Sealed contract

i. Simple Contract These are agreements made either by words of mouth or in writing. As far as
simple contract is concerned, there are some elements that are essential to make it enforceable. And
one of them is agreement. The following conditions are essential for the validity of the simple
contract
i. There must be offer and acceptance
ii. There must be consideration
iii. There must be the intention to create legal relation
iv. Capacity of the parties (i.e. they must be capable of contracting)
v. Legality and possibility (whatever we are contracting must be possible and allowed by law)
vi. There must be genuine consent. When any of these elements is missing, the contract may be
void ab initio or voidable.

iii. Contract Under Sealed

A contract under seal is also termed as sealed contract, special contract, deed, covenant,
specialty contract or common-law specialty. A contract under seal is a formal contract which
has the seal of the signer attached. A contract under seal must be in writing or printed on
paper. It is conclusive between the parties when signed, sealed, and delivered.

15. Define offer and Acceptance

Offer

This is an expression of willingness to contract made with the intention that it shall become binding on the
person making it as soon as it is accepted by the person to whom it is addressed. To be capable of
acceptance, the offer must be definite or certain and unambiguous.
Acceptance

This is the final expression or assent to the terms of an offer. Acceptance may be determined by word of
mouth where the offer was made orally.

16. Differentiate between offer and acceptance

OFFER This is an expression of willingness to contract made with the intention that it shall become binding on
the person making it as soon as it is accepted by the person to whom it is addressed. To be capable of
acceptance, the offer must be definite or certain and unambiguous WHILE Acceptance This is the final
expression or assent to the terms of an offer. Acceptance may be determined by word of mouth where the
offer was made orally.

17. Difference Between offer and Invitation to Treat

An agreement can only be complete if the offeree (the person to whom an offer is made) indicates his
acceptance. On his part, the offeror (the person who made an offer) must have done things possible in the
formation of the contract. The offeror may merely initiate negotiations which may or may not ripen to an
agreement. By this reasoning, an invitation to treat is not an offer as such but represents a process of
negotiation that precedes the making of an offer.

18. List the means or methods of termination of an offer

i. By expressed revocation
ii. Lapse of time
iii. Subjected to the condition which fails to be satisfied
iv. Death of one of the Parties
19. Explain the following
i. Capacity to Contract
ii. Consideration

Capacity to Contract

Capacity in law denotes the ability to incur legal liability or right. This automatically implies that some persons
do not possess the capacity to make a contract or at least have their capacity impaired. An outstanding
example is that of an infant or a minor.

Consideration

Usually a contract under seal does not require consideration. Consideration is the price to which the others
promise is brought. It means that English law does not guarantee gratuitous promise. Something must have
been given in return to the promise before the promise will be enforced. For the employer on the building site,
the consideration will be the price paid or the promise to pay for the services rendered. For the contractor who
is employed, the consideration that he gives will be carrying out of the work. Where the consideration is an
act, it is called executed consideration. Where it is a promise to act, it is called executor consideration.

20. List the ways Discharge of Contract can be affected

i. Performance
ii. Express Agreement
iii. Discharge by Frustration
 21. Define and Explain the following
I. Industrial Relation
II. Employment law
III. Unions (Unionism at Workplace)
IV. Trade Union
V. Collective Bargaining

Industrial relation refers to a relationship between the employers and employees. It also refers to a field of
study that examines these types of relationships, especially groups of workers in unions and their employers.
The employers are represented by management and employees are represented by unions

Employment law: Employment law is the section of laws that govern the relationship between an employee
and their employer, including the rights and responsibilities of both parties. It helps to ensure that a workplace
is safe and appropriate to work in, govern the time/period that an employee can work and determine the
wages that an employee can receive.

Importance of Employment law: Employment law is designed to ensure that all parties in a business get
treated fairly and ethically, which can help to keep a business running efficiently. If both an employer and
employee understand what their rights and obligations are, they can be more prepared in certain situations,
such as in a case of salary misclassification. Employment law can also help to prevent work disruptions
between employees and management by setting standards to govern the workplace. Employment law can
mitigate issues that may arise in the workplace as employment discrimination (based on characteristics such
as race, color, religion, gender or national origin).

Unions: These are groups of workers organised together to win a better deal at work. In most workplaces
where unions are active, members will get together to talk about what’s going on – and any problems they are
having.

Trade union: A trade union is an organisation made up of members (a membership-based organisation) and
its membership must be made up mainly of workers

Collective Bargaining: Labour Law defines collective bargaining as the process of arriving at, or attempting to
arrive at, a collective agreement. Collective agreement is an agreement in writing regarding working conditions
and terms of employment concluded between one or more trade unions or other organisations of workers (or
an association of such organisations).

22. Define and Explain the following:

i. Intellectual Property
ii. Patents
iii. Copyrights
iv. Trademarks

Intellectual Property (IP) covers products of intellectual creations, which the law ascribes the exclusive right of
appropriation to the designated owners. Intellectual Property law is a body of laws that governs all the
relevant aspects of intellectual property right, such as Patents, Copyrights, Trademarks, License, Royalty,
Ownership, Registration, etc.
Patents law is channelled towards protecting inventions that extend to things like machines, devices, chemical
compositions, and manufacturing processes. Essentially, the law protects the owner against the independent
development of the patented subject matter. an invention is considered patentable if it meets the following
conditions;

i. It must be new
ii. It must be the result of an inventive step; and
iii. It must be capable of industrial application

Copyright in an intellectual work is that exclusive right of the author of the original work to control or enable
the doing of certain expressly stated acts in respect of the whole or substantial part of the work either in its
original form or in any other recognisably derived from the original form but subject to certain statutory
exceptions. Therefore, the copyright laws refer to the law that seeks to protect the rights of authors of such
works that have been expressed in specific forms for the transformation or reproduction by persons who are
neither authorised nor licensed by the copyright owner. e Copyright Act provides for works protected by
copyright which include; i. Literary works ii. Musical works iii. Artistic works iv. Cinematograph films v. Sound
recordings, etc.

A Trademark is any mark, sign, or combination thereof that the owners' design to identify their product and
differentiate it from other manufacturers' products, especially competitors. There is a peculiar measure of
identity associated with your goods. Distinctiveness is critical for a trademark's registration

23. Explain the following:

i. Health and Safety
ii. Environmental law
iii. A lawsuit
iv. engineering expert witness

Health and Safety Law means law or requirement of any applicable Governmental Authority, and applicable
common law, relating to the protection of the health or safety of any person including employees or persons
performing activities on the behalf of the Company or any of its subsidiaries. it means all laws regulating
health and safety in the workplace, including but not limited to, laws governing compensation for injuries
sustained and illnesses suffered in the course and scope of employment.

Environmental law stands for all legal rules that are aimed at the protection and development of the
environment and its compartments as well as the protection of public health from harm, risks, and nuisances
arising from the environment and the human-made interaction with the environment.

A lawsuit is a proceeding by one or more parties (the plaintiff or claimant) against one or more parties (the
defendant) in a civil court of law. A proceeding is legal action taken against someone. Hence, the term "law
suit" is used with respect to a civil action brought by a plaintiff (a party who claims to have incurred loss as a
result of a defendant's actions) who requests a legal remedy or equitable remedy from a court.

Engineer as a witness An engineering expert witness is a professional engineer who specializes in providing an
expert opinion to clients. This person often has clients ranging from law firms to insurance companies. Most
experts take on a neutral role when it comes to clients and can work for plaintiffs or defendants