A.)List and briefly discuss how any three (3) areas of the law impacts the practice of Engineering:
i. Health and safety legislation- OSHA
ii. The integrity legistation
iii. The Companies Act
iv. The law of contract in respect of contracts of employment or labour contracts
Health and safety legislation- OSHA
The Occupational Safety and Health (Amendment) Act 2006 hereinafter called OSHA, is a primary legislation governing health, safety and welfare at work. With regards to OSHA and the field of engineering, the both may be connected where in the workplace a potential OSHA violation needs to be validated or disputed. Many work related accidents occur during the construction or ...view middle of the document...
In other words, a contract is an exchange of promises with a specific remedy for breach of those promises. In the engineering field labour contracts or contracts of employment are predominant in the private sectors. The contract gives both the employee and employer certain rights and obligations. The most common example is that you have a right to be paid for the work you do. Your employer has a right to give reasonable instructions to you and for you to work at your job. These rights and obligations are called contractual terms. Contractual terms may include amount of wages including overtime and bonus, hours of work, sick pay, holiday pay and how much time off you are entitled too etc. Other stipulations cover such matters as repayment of the costs of transportation, housing, training, and other expenses. It all varies on the company that the engineer is working for.
B.) What are the difficulties which we have to be aware of when we have been drawn into an oral (unwritten contract)?
The law of contracts is mainly about the enforcement of promises. Not all promises that are made are enforceable. Contracts are agreements between persons or other legal entities in which one party agrees to perform a service or provide a good in exchange for the payment of money or other goods or services. There are two types of contracts in which we may enter, written or unwritten/ oral contracts. A written contract is a legally binding agreement outlined in a written document between two or more parties which must be read, understood and signed by parties involved in order to be valid. An unwritten or oral contract is an agreement between parties that is either partly in writing or partly dependent on spoken words or that is entirely dependent on spoken words.
An oral contract is as legally binding as a written contract; the issue with oral contract is proving its existence. An oral contract, by definition doesnâ€™t have writing to support its terms, conditions or even existence. The existence of an oral contract can be more difficult to prove depending on...