Exactprep NPPE Questions

The engineer in this scenario owes a duty to the public, the client, and the profession. The discovery of a serious structural flaw that could be dangerous to the public necessitates that the engineer must prioritize the safety of the public over confidentiality agreements, especially when the public's safety is at risk. This aligns with the professional obligation of engineers to hold paramount the safety, health, and welfare of the public as outlined in the general principles of engineering ethics and professional conduct codes, such as those by Engineers Canada. Therefore, despite the confidentiality agreement, the engineer should disclose all facts found during the investigation.

The condition that may be absent from a tort action without affecting the success of the lawsuit is that the defendant had a service agreement with the plaintiff (Option C). For a tort action to be successful, it generally must be shown that the defendant owed the plaintiff a duty of care, breached that duty, and caused damages or loss as a result of that breach. Whether or not a service agreement existed between the parties is irrelevant to the establishment of these elements, especially if the harm resulted from a negligent act that violated a duty of care inherent in the defendant's actions or omissions.

Insider trading occurs when a person knowingly trades based on material information that has not been disclosed to the public (Option B). This action is considered unethical and illegal because it uses confidential information for financial gain, giving an unfair advantage over other investors who do not have access to this information. Regulations typically prohibit trading based on such insider knowledge to ensure fairness and transparency in the financial markets.

The most appropriate and ethical action for the professional member to take is C. The professional should stop production, have the issue fixed, and report the spill if required by provincial law. This decision prioritizes safety, environmental protection, and legal compliance over personal gain or production goals. It aligns with the ethical obligation of professionals to safeguard the health, safety, and welfare of the public and the environment, even if it may impact financial incentives like bonuses.