I finally wrote National Practice Exam in the morning. It was really hard. At first I felt I’m doing really good but as time passed … holly hell… I realized I’m not as good as I think. Each question I read I could tell that I’ve studied that or not but some of the answers were so close that if you have not studied good enough and understood the concept, it would have not been possible to choose the correct answer. In order to answer some of the questions you only should have relied on your memory.
I got up at about 06:45 AM, had a quick breakfast and went out to get the car ready as it started snowing the day before. It was (and it’s still!) -7 º C and it was snowing. I drove to Franklin station, parked there and took LRT. My Goodness…all cars were so full that I put myself in with difficulty. Obviously it was rush hour and everyone was going to work. Fortunately I was there on time. There were 100 multiple-choice question and we had 2 hours. The hall (In Telus Convention Centre) was cold and in the last 30 min. noisy. I told that to the exam. director but he, who was an old man with white hear, just looked at me and said nothing! Dumb ass, son of a bitch!
Here are some of the questions (and their answers) which I still remember:
1- Vicarious liability:
It is recognized that the employer is vicariously (indirectly) liable for negligent performance of an employer.
2- Rule of Contra Proferentem:
The rule provides that where a contract is ambiguous, it will be construed against the party that drafted the provision.
3- Consideration:
Consideration is an essential part of an enforceable contract, amongst the others which are:
a- Offer and acceptance of the offer
b- Mutual intent.
c- Consideration.
d- Capacity to contract
And e- Lawful purpose
Consideration is the motive, cause, price or impelling (Something to urge to drive forward) that induces a contracting party to enter into a contract. A promise made by an engineer to design a structure for the payment of a fee is an example of a situation where consideration exists.
Where consideration is not present in the form of promises or other mutual exchange of something of value, no contract is formed unless the document is sealed.
4- The purpose of arbitration:
As a lawsuit is not always the best way to dispute between contracting parties, particularly disputes of a technical engineering nature, the dispute may also be resolved by a somewhat less formal procedure called arbitration. Arbitration has developed to provide an alternative that is intended to be less costly, less protracted (Lengthen) and less public than litigation (lawsuit)
5- A sample case study of 4 different individuals (professionals and firms) who advertise their competencies and it is to find that which one is closer to the requirements of Codes of Ethics.
6- Discharge of the contract.
When a contract is discharged where frustration arises?
7- Kickbacks, bribes, gifts and offers in International contracts
Acceptance of the all offers mentioned above is not recommended in the other countries as it could be against the country’s rules and leads to legal actions against the offeree.
I think there's a chance of passing the exam, but if I don't ... heavens I have to write it again or... I don't know what to do! Confused!
I got up at about 06:45 AM, had a quick breakfast and went out to get the car ready as it started snowing the day before. It was (and it’s still!) -7 º C and it was snowing. I drove to Franklin station, parked there and took LRT. My Goodness…all cars were so full that I put myself in with difficulty. Obviously it was rush hour and everyone was going to work. Fortunately I was there on time. There were 100 multiple-choice question and we had 2 hours. The hall (In Telus Convention Centre) was cold and in the last 30 min. noisy. I told that to the exam. director but he, who was an old man with white hear, just looked at me and said nothing! Dumb ass, son of a bitch!
Here are some of the questions (and their answers) which I still remember:
1- Vicarious liability:
It is recognized that the employer is vicariously (indirectly) liable for negligent performance of an employer.
2- Rule of Contra Proferentem:
The rule provides that where a contract is ambiguous, it will be construed against the party that drafted the provision.
3- Consideration:
Consideration is an essential part of an enforceable contract, amongst the others which are:
a- Offer and acceptance of the offer
b- Mutual intent.
c- Consideration.
d- Capacity to contract
And e- Lawful purpose
Consideration is the motive, cause, price or impelling (Something to urge to drive forward) that induces a contracting party to enter into a contract. A promise made by an engineer to design a structure for the payment of a fee is an example of a situation where consideration exists.
Where consideration is not present in the form of promises or other mutual exchange of something of value, no contract is formed unless the document is sealed.
4- The purpose of arbitration:
As a lawsuit is not always the best way to dispute between contracting parties, particularly disputes of a technical engineering nature, the dispute may also be resolved by a somewhat less formal procedure called arbitration. Arbitration has developed to provide an alternative that is intended to be less costly, less protracted (Lengthen) and less public than litigation (lawsuit)
5- A sample case study of 4 different individuals (professionals and firms) who advertise their competencies and it is to find that which one is closer to the requirements of Codes of Ethics.
6- Discharge of the contract.
When a contract is discharged where frustration arises?
7- Kickbacks, bribes, gifts and offers in International contracts
Acceptance of the all offers mentioned above is not recommended in the other countries as it could be against the country’s rules and leads to legal actions against the offeree.
I think there's a chance of passing the exam, but if I don't ... heavens I have to write it again or... I don't know what to do! Confused!
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