Legal Aspects of Engineering, Design, & Innovation
Edition: 11
Copyright: 2023
Pages: 750
Edition: 11
Copyright: 2023
Pages: 726
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This 11th Edition of Legal Aspects of Engineering, Design and Innovation incorporates new legal issues for the benefit of students, professors and those needing a broad overview of the engineering and design legal landscape. Many topics, such as environmental law, intellectual property and products liability have been expanded upon. In addition, more emphasis has been placed on encouraging discussion in the classroom in order to pull into the conversation problems that don’t clearly fall into black letter law, but rather reflect professional aspirations and address ethics challenges that engineers and design professionals face on a daily basis. New ethics cases have been added and are correlated with the main chapters. This edition follows a similar structure as the 10th Edition, where the main topic is discussed at the beginning of each chapter with cases, if applicable, appearing at the end with an updated “For Discussion” section and supplemental readings. By expanding the “For Discussion” section, it is hoped that students as well as others, will not only find answers to common legal problems in the book, but will consider how to improve the legal landscape in which they work.
Thank you for choosing Legal Aspects of Engineering, Design and Innovation.
About the Author
Preface
Acknowledgments
PART 1
Overview
CHAPTER 1 The Engineer and Design Professional in Management
Highlights
Engineering and Design Management
Executive Qualities
Engineering Projects
Legal Analysis
For Discussion
Suggested Readings
CHAPTER 2 Ethics
Highlights
Federal Definition of a Professional
State Registration Laws
Professional Societies
Public Service
Code of Ethics
Foreign Corrupt Practices Act and Truthful Cost or Pricing Data
Cases
For Discussion
CHAPTER 3 Development of Law
Highlights
Beginnings of Law
United States Legal Structure
Court Decisions or Case Law
Cases
For Discussion
Suggested Reading
CHAPTER 4 Courts, Trial Procedure, and Evidence
Highlights
Courts
Pretrial Procedure
Trial Procedure
Types of Evidence
The Engineer as an Expert Witness
Cases
For Discussion
Supplemental Reading
PART 2
Contracts
CHAPTER 5 Introduction to Contracts
Highlights
Definition of Contract
Sources of Contract Law
Elements of a Valid Contract
Classifications of Contracts
Cases
For Discussion
CHAPTER 6 Parties
Highlights
Infants
Insane and Incompetent Persons
Intoxicated Persons
Corporations
Other Business Entities
Governments
Professional Persons
Cases
For Discussion
CHAPTER 7 Third- Party Rights
Highlights
Assignment
Third- Party Beneficiary Contracts
Warranties
Cases
For Discussion
CHAPTER 8 Agreement
Highlights
Contract Formation
Electronic Contracting
Cases
For Discussion
CHAPTER 9 Reality of Agreement
Highlights
Situations in Which Assent is Not Voluntary
Remedies
Cases
For Discussion
Recommended Readings
CHAPTER 10 Consideration
Highlights
Essentials of Consideration
Cases
For Discussion
CHAPTER 11 Lawful Subject Matter
Highlights
Intent
Contracts Contrary to Statute or Common Law
Contracts Contrary to Public Policy
Effect of Illegality on Contracts
Cases
For Discussion
CHAPTER 12 Statute of Frauds
Highlights
English Statute of Frauds
Contemporary Application of the Statute of Frauds
Other Activity Regulated by the Statute of Frauds
Cases
For Discussion
CHAPTER 13 Performance, Excuse of Performance, and Breach
Highlights
Performance
By Operation of Law
Cases
For Discussion,
CHAPTER 14 Remedies
Highlights
Damages
Restitution
Equitable Remedies
Enforcement of Remedies
Cases
For Discussion
CHAPTER 15 Sales and Warranties
Highlights
Ownership
Sales Contracts
Warranties
Performance and Breach
Seller’s Remedies
Buyer’s Remedies
Cases
For Discussion
PART 3
Project and Contract Management
CHAPTER 16 Project Design and Contracting Procedure
Highlights
Project Stages
Parties to a Contract
Types of Construction
Project Delivery Systems
Construction, Manufacturing, Engineering and Architectural Services
Direct Employment or Contract
Payment Arrangements
Contractor’s Cost
Cases
For Discussion
CHAPTER 17 Contract Preparation, Specifications and Management
Highlights
Preparation of Contract Documents
Specifications and Drawings
Specification Writing
Arrangement
Managing a Contract Award
Collusion
Cases
For Discussion
CHAPTER 18 Agency
Highlights
Creation of Agency
Agent’s Authority
Agent’s Duties
Principal’s Duties
Third-Party Rights and Duties
Termination
Partnerships and Corporations
Cases
For Discussion
PART 4
Property
CHAPTER 19 Tangible Property
Highlights
Real Property
Transfer of Real Property
Tangible Personal Property
Forms of Ownership
Water Rights
Cases
For Discussion
Further Reading
CHAPTER 20 Introduction to Intellectual Property
Highlights
Brief History of Intellectual Property Law
The Future of Intellectual Property
Intellectual Property and Criminal Law
Cases
For Discussion
CHAPTER 21 Patents
Highlights
Cases
For Discussion
CHAPTER 22 Trademarks
Highlights
Cases
Discussion
CHAPTER 23 Copyrights
Highlights
Cases
For Discussion
Further Reading
CHAPTER 24 Trade Secrets
Highlights
For Discussion
PART 5
Torts
CHAPTER 25 Common Torts Highlights
Who can be Sued Under Tort Law
Negligence
Torts Against a Person
Torts Against Reputation
Torts Against Property
Torts Against Economic Rights
Nuisance
Time Limitations
Discharge of Torts
Cases
For Discussion
CHAPTER 26 Products Liability
Highlights
History
Products Liability Claims and 21st Century Trends
Statutes
Summary
Cases
For Discussion
Recommended Reading
Reference
PART 6
Governmental Regulation
CHAPTER 27 Administrative Law
Highlights
Why Agencies?
Administrative Abuses
Administrative Agency Activities
Agency Oversight
Appealing an Agency Decision
Cases
For Discussion
CHAPTER 28 Labor
Highlights
Historical Background
Contemporary Labor Relations Law
Unfair Labor Practices
Strikes and Picketing
Featherbedding
Summary
Cases
For Discussion
CHAPTER 29 Workers’ Compensation
Highlights
The Historical Perspective
Workers’ Compensation
Cases
For Discussion
CHAPTER 30 Safety
Highlights
OSHA
Cases
For Discussion
Appendices
APPENDIX A Professional Ethics Codes - NSPE, AIA, IEEE
APPENDIX B NSPE Cases
Index
Study Tag Index
Cynthia M. Gayton, Esq. holds a Bachelor of Arts degree in International Affairs from The George Washington University in Washington, DC and a Juris Doctor degree from George Mason University School of Law in Arlington. She resides in Arlington, Virginia and Harper’s Ferry, West Virginia. Cynthia is a member of both the State Bar of Virginia and the District of Columbia Bar. Ms. Gayton operates a sole practice that specializes in intellectual property and corporate law. She is a volunteer attorney instructor for the Washington Area Lawyers for the Arts, for which she teaches courses on entrepreneurship and the arts. In addition, Ms. Gayton is a Professorial Lecturer in Engineering Law at The George Washington University School of Engineering and Applied Sciences where she has taught since 2003. She was an Attorney-Advisor for the United States Department of the Interior in the Branch of Acquisitions and Intellectual Property. At the American Institute of Architects (AIA), she was Associate Counsel. Prior to her work at the AIA, she was an associate practicing complex antitrust litigation at Morgan Lewis & Bockius. Ms. Gayton is the author of several articles published by VINE: The Journal of Information Knowledge Management Systems, including: “Business Ethics, Restrictions on Employment and Knowledge Management,” VINE, Vol. 38, no. 2, 2008; “Commercial Satellite Imagery: CI, KM, and Trade Secret Law,” VINE, Vol. 37, no. 2, 2007, “Beyond Terrorism: Data Collection and Responsibility for Privacy,” Vol. 36, no. 4, 2006; “Alexandria Burned—Securing Knowledge Access in the Age of Google,” Vol. 36, no. 2, 2006.
This 11th Edition of Legal Aspects of Engineering, Design and Innovation incorporates new legal issues for the benefit of students, professors and those needing a broad overview of the engineering and design legal landscape. Many topics, such as environmental law, intellectual property and products liability have been expanded upon. In addition, more emphasis has been placed on encouraging discussion in the classroom in order to pull into the conversation problems that don’t clearly fall into black letter law, but rather reflect professional aspirations and address ethics challenges that engineers and design professionals face on a daily basis. New ethics cases have been added and are correlated with the main chapters. This edition follows a similar structure as the 10th Edition, where the main topic is discussed at the beginning of each chapter with cases, if applicable, appearing at the end with an updated “For Discussion” section and supplemental readings. By expanding the “For Discussion” section, it is hoped that students as well as others, will not only find answers to common legal problems in the book, but will consider how to improve the legal landscape in which they work.
Thank you for choosing Legal Aspects of Engineering, Design and Innovation.
About the Author
Preface
Acknowledgments
PART 1
Overview
CHAPTER 1 The Engineer and Design Professional in Management
Highlights
Engineering and Design Management
Executive Qualities
Engineering Projects
Legal Analysis
For Discussion
Suggested Readings
CHAPTER 2 Ethics
Highlights
Federal Definition of a Professional
State Registration Laws
Professional Societies
Public Service
Code of Ethics
Foreign Corrupt Practices Act and Truthful Cost or Pricing Data
Cases
For Discussion
CHAPTER 3 Development of Law
Highlights
Beginnings of Law
United States Legal Structure
Court Decisions or Case Law
Cases
For Discussion
Suggested Reading
CHAPTER 4 Courts, Trial Procedure, and Evidence
Highlights
Courts
Pretrial Procedure
Trial Procedure
Types of Evidence
The Engineer as an Expert Witness
Cases
For Discussion
Supplemental Reading
PART 2
Contracts
CHAPTER 5 Introduction to Contracts
Highlights
Definition of Contract
Sources of Contract Law
Elements of a Valid Contract
Classifications of Contracts
Cases
For Discussion
CHAPTER 6 Parties
Highlights
Infants
Insane and Incompetent Persons
Intoxicated Persons
Corporations
Other Business Entities
Governments
Professional Persons
Cases
For Discussion
CHAPTER 7 Third- Party Rights
Highlights
Assignment
Third- Party Beneficiary Contracts
Warranties
Cases
For Discussion
CHAPTER 8 Agreement
Highlights
Contract Formation
Electronic Contracting
Cases
For Discussion
CHAPTER 9 Reality of Agreement
Highlights
Situations in Which Assent is Not Voluntary
Remedies
Cases
For Discussion
Recommended Readings
CHAPTER 10 Consideration
Highlights
Essentials of Consideration
Cases
For Discussion
CHAPTER 11 Lawful Subject Matter
Highlights
Intent
Contracts Contrary to Statute or Common Law
Contracts Contrary to Public Policy
Effect of Illegality on Contracts
Cases
For Discussion
CHAPTER 12 Statute of Frauds
Highlights
English Statute of Frauds
Contemporary Application of the Statute of Frauds
Other Activity Regulated by the Statute of Frauds
Cases
For Discussion
CHAPTER 13 Performance, Excuse of Performance, and Breach
Highlights
Performance
By Operation of Law
Cases
For Discussion,
CHAPTER 14 Remedies
Highlights
Damages
Restitution
Equitable Remedies
Enforcement of Remedies
Cases
For Discussion
CHAPTER 15 Sales and Warranties
Highlights
Ownership
Sales Contracts
Warranties
Performance and Breach
Seller’s Remedies
Buyer’s Remedies
Cases
For Discussion
PART 3
Project and Contract Management
CHAPTER 16 Project Design and Contracting Procedure
Highlights
Project Stages
Parties to a Contract
Types of Construction
Project Delivery Systems
Construction, Manufacturing, Engineering and Architectural Services
Direct Employment or Contract
Payment Arrangements
Contractor’s Cost
Cases
For Discussion
CHAPTER 17 Contract Preparation, Specifications and Management
Highlights
Preparation of Contract Documents
Specifications and Drawings
Specification Writing
Arrangement
Managing a Contract Award
Collusion
Cases
For Discussion
CHAPTER 18 Agency
Highlights
Creation of Agency
Agent’s Authority
Agent’s Duties
Principal’s Duties
Third-Party Rights and Duties
Termination
Partnerships and Corporations
Cases
For Discussion
PART 4
Property
CHAPTER 19 Tangible Property
Highlights
Real Property
Transfer of Real Property
Tangible Personal Property
Forms of Ownership
Water Rights
Cases
For Discussion
Further Reading
CHAPTER 20 Introduction to Intellectual Property
Highlights
Brief History of Intellectual Property Law
The Future of Intellectual Property
Intellectual Property and Criminal Law
Cases
For Discussion
CHAPTER 21 Patents
Highlights
Cases
For Discussion
CHAPTER 22 Trademarks
Highlights
Cases
Discussion
CHAPTER 23 Copyrights
Highlights
Cases
For Discussion
Further Reading
CHAPTER 24 Trade Secrets
Highlights
For Discussion
PART 5
Torts
CHAPTER 25 Common Torts Highlights
Who can be Sued Under Tort Law
Negligence
Torts Against a Person
Torts Against Reputation
Torts Against Property
Torts Against Economic Rights
Nuisance
Time Limitations
Discharge of Torts
Cases
For Discussion
CHAPTER 26 Products Liability
Highlights
History
Products Liability Claims and 21st Century Trends
Statutes
Summary
Cases
For Discussion
Recommended Reading
Reference
PART 6
Governmental Regulation
CHAPTER 27 Administrative Law
Highlights
Why Agencies?
Administrative Abuses
Administrative Agency Activities
Agency Oversight
Appealing an Agency Decision
Cases
For Discussion
CHAPTER 28 Labor
Highlights
Historical Background
Contemporary Labor Relations Law
Unfair Labor Practices
Strikes and Picketing
Featherbedding
Summary
Cases
For Discussion
CHAPTER 29 Workers’ Compensation
Highlights
The Historical Perspective
Workers’ Compensation
Cases
For Discussion
CHAPTER 30 Safety
Highlights
OSHA
Cases
For Discussion
Appendices
APPENDIX A Professional Ethics Codes - NSPE, AIA, IEEE
APPENDIX B NSPE Cases
Index
Study Tag Index
Cynthia M. Gayton, Esq. holds a Bachelor of Arts degree in International Affairs from The George Washington University in Washington, DC and a Juris Doctor degree from George Mason University School of Law in Arlington. She resides in Arlington, Virginia and Harper’s Ferry, West Virginia. Cynthia is a member of both the State Bar of Virginia and the District of Columbia Bar. Ms. Gayton operates a sole practice that specializes in intellectual property and corporate law. She is a volunteer attorney instructor for the Washington Area Lawyers for the Arts, for which she teaches courses on entrepreneurship and the arts. In addition, Ms. Gayton is a Professorial Lecturer in Engineering Law at The George Washington University School of Engineering and Applied Sciences where she has taught since 2003. She was an Attorney-Advisor for the United States Department of the Interior in the Branch of Acquisitions and Intellectual Property. At the American Institute of Architects (AIA), she was Associate Counsel. Prior to her work at the AIA, she was an associate practicing complex antitrust litigation at Morgan Lewis & Bockius. Ms. Gayton is the author of several articles published by VINE: The Journal of Information Knowledge Management Systems, including: “Business Ethics, Restrictions on Employment and Knowledge Management,” VINE, Vol. 38, no. 2, 2008; “Commercial Satellite Imagery: CI, KM, and Trade Secret Law,” VINE, Vol. 37, no. 2, 2007, “Beyond Terrorism: Data Collection and Responsibility for Privacy,” Vol. 36, no. 4, 2006; “Alexandria Burned—Securing Knowledge Access in the Age of Google,” Vol. 36, no. 2, 2006.