Additive manufacturing MECH3775 - law for engineers

What is a law derived from statute?

A law that is made by parliament. They are referred to as acts of parliament (eg/ human rights act 1998). The law is written down and applied by the courts.

What is a law derived from cases?

eg/ the criminal offence of murder is not written in a statute, it is derived entirely from case law

if parliaments does not agree with the direction of the law, they can make statutory law that changes the court made principles, and the courts must follow the law in statutes

What is the importance of contracts

contacts are the legal foundation for business and consumer transactions (facilitating exchange of goods and services, credit agreements, and the sale of houses)

contracts are legally binding - can be written or spoken

parties to to contracts also enjoy certain rights, according to the terms of the contract

in business they allow certainty in business transactions, they allow planning and determination of future obligations, and allocate risks of things go wrong. 

What are the 4 stages of the formation of contracts?

1. offer

2. acceptance 

3. consideration 

4. intention to form legal relations 

Can contracts be unilateral?

Yes

an offer takes the form of a promise made in return for performance of a task eg/a reward for returning lost property (usually do not take place in a business)

What does a legally binding offer (contract) require?

1. clear states terms - cannot be too vague

2. intention to do business - there are 2 types of precontractual statement that are not considered offers

   1. invitation to treat - adverts, display of goods in shops

   2. negotiations - negotiations may precede the formation of a contract

3. communication of the offer - the offeree must know of the offer to accept

What is a tender?

a competitive offer to provide goods and services. a request for tenders is considered an invitation to treat(advert)

How can contract offers be terminated?

by death of the offeror or refusal and counteroffer. some offers will contain a specific time offer for acceptance, others will lapse after a reasonable time.

How can an contract acceptance be valid?

the acceptance must be:

• a mirror image of the offer (cannot change the terms - but can counteroffer)

• unconditional 

• communicated to the offeror  (can be verbal or written)

What is consideration of a contract?

a detriment to one party and a benefit to the other

in engineering this could be the movement of money in exchange for the movement of goofs/services

What are the 6 rules of consideration of a contract?

1. consideration cannot be past (cannot occur before the promise)

2. it must move from the promisee 

3. a contract promising a benefit to a 3rd party cannot be enforced by that 3rd party (they have not considered)

4. it must be sufficient, but it need not be adequate. (could pay £1)

5. the promise of additional payment to complete the originally contracted for obligations is not normally enforceable

6. part payment of a debt is not usually sufficient consideration (must pay it all)  

In ca contract what is intention to create legal relations?

domestic agreements are not legally binding, business agreements are usually considered to contain the intention to create legal relations

What are contractual terms?

Contractual terms can be express and specifically communicated by the
offeror. Terms can also be implied by custom, statute or the courts

what are contractual defects?

even if there is an offer, acceptance, consideration, intent to form legal relations and a clear terms a contract may still not be valid:

• misrepresentation

• mistake (must be fundamental to prevent contractual agreement)

• duress and undue influence

• illegality  

How are contracts usually discharged? and what are some exceptions?

by the complete performance

exceptions:

1. one party prevents the other from performing the contract

2. part performance can be voluntarily accepted

3. substantial performance

4. agreement to not go through with the contract

5. frustration - performance is no longer possible due to events outside the party’s control

What are remedies for breach of contract?

damages compensate for loss or damages due to the breach. the aim is to put the parties in the position they would have been in if the contract had been performed

What is Tort Law?

unlike contract law imposes obligations in general. If you sue for
negligence, this is a form of tort

What are the types of Tort:

• Negligence

• occupiers liability

• trespass to the person

• trespass on land

• defamation

• privacy

What are the 4 aims of tort law:

1. corrective justice

2. compensation

3. deterrence 

4. vindication

What is negligence

the omission to do something you should basically

eg/ personal injury claims, economic loss and claims based on defective products 

What is the case of Donoghue V Stevenson

Mrs Donoghue’s friend bought her a drink that contained a decomposing snail and she became ill. She sues Stevenson (manufacturer), should could not sue the owner of the cafe as her friend had bought the drink so there was no contract between Donaghue and the cafe owner.

What are 3 important principles from Donogue V Stevenson

1. manufacturer of products is liable to the ultimate consumer of the goods

2. categories of negligence are never closed

3. a single universal requirement to take reasonable care = the ‘neighbor principle’

What are 4 points to consider about defective products?

1. what is a product (basically anything with packaging)

2. a consumer is someone likely to be affected by the goods

3. what are the limits of duty of care? (reasonable forseeability, proximity, public interest)

4. what can be claimed for? (can recover consequential losses not pure economic)

what is the consumer protection act 1987?

introduces a degree of strict liability for products in english law. removes the need to prove any intent or carelessness on the aprt to prove causal link

What is vicarious liability ?

allows people to be sued for the torts of others. eg employers being responsible for their employees, but not usually independent contractors

What are the 4 aspects of health and safety law?

1. liability for premises

2. basics of health and safety law

3. civil liability for workplace injuries

4. criminal liability

What is liability for premises?

activities on premises are covered by the general principles of negligence. However, if harm occurs due to the structural condition, liability may exist under 2 statues.

the occupiers liability acts of 1957 and 1984

What is the occupiers liability act of 1957

the occupier is required to take reasonable care to ensure the visitor is reasonably safe for the purpose the visitor is on the premises

What is the occupiers liability act 1984?

the act deals with trespassers. there is a limited duty of care owed when:

1. the occupier has reasonable knowledge of the danger

2. occupiers must know, or suspect people may enter the premises

3. the risk is one for which it is reasonable for the occupier to offer some protection

What are the basics of health and safety law?

employers have duty to take all reasonable care to provide safe working conditions for their employees

What is civil liability for industrial industries?

following an injury at work and employee can pursue either an action for breach of the common law duty of care of the employers or an action due to breach of statutory duty

What is criminal law and health and safety?

can prosecute offences under health and safety at work act 1974

• eg gross negligence manslaughter prosecutions when someones actions have result in the death of someone

How does international law impact engineering business?

1. laws governing airplanes and vessels that travel around the world 

2. international trade laws, which can influence specifications and requirements for certain types of products 

3. contracts between businesses based in different countries

4. law of the sea, governs mining and other utlilisation of resources from the seabed

What are the two types of contract that businesses may use for those that provide work for them?

1. contract of service - workers and employees

2. contract of services - independent contractors

What are the common law duties of an employee?

1. do the job with reasonable care and skill

2. obey all reasonable orders

3. act in good faith towards employer

What are the common law duties of the employer?

1. pay as agreed in contract 

2. not undermine the trust/confidence of the employee

3. provide with safe working conditions

what are protected characteristics

• age

• disability

• gender-reassignment

• marriage and civil partnership

• pregnancy and maternity

• race

• religion and belief

• sex

• sexual orientation

How can the duty to not put a person with a disability at a disadvantage be fulfilled?

1. adjustments to working arrangements

2. physical alteration to the premises

3. aids to facilitate carrying out duties

What is dismissal and redundancy?

employment can be illegally brought to an end, and in some circumstances, the employee may able able to bring an action against the employer

(wrongful - termination without notice)

(unfair - must be employed for 2 years)

What is intellectual property law?

provides protection for intellectual (mental efforts) as opposed to other areas of law that protect tangible property or rights to physical things such as land

How do statues provide protection of intellectual property?

1. copyright

2. patents

3. trade marks

4. registered designs

5. unregistered designs

What is copright?

Copyright is directed to protection of copies of the work, not the actual
ideas, but is still a flexible tool to protect various works

only applies to original acts

must:

1. establish a connection with the UK (author/publication)

2. establish a connection with other EU member state or states with which UK has reciprocal copyright agreements

What is a patent?

It gives an inventor the right to exclusive use of their invention. patents are only granted for limited periods (usually 20 years), and are published, potentially allowing others to improve on the invention. They can cover new products or improvements on existing products.

To register, the invention must be new, involve an inventive step and
must be capable of industrial application.

The right to register a patent is held by the inventor or their employer,
if developed during course of their employment

What is a trademark?

Trade Marks allow businesses, goods and services to be immediately
recognisable by their customers

to be a trademark it must:

1. names of people

2. names of products can be registered but only if they relate to the quality, characteristic or geographical origin

3. Non-verbal marks

What are registered designs?

The designer or their employer owns the design and it can be registered for 5 years and then up to 5 periods of 5 years

the owner has exclusive rights of commercial exploitation and can issue licences for it’s use

What are unregistered designs?

The right is associated with functional designs

What are the common law protections that can protect IP and business reputation?

• passing off - a tort protects the reputation of a business (needs goodwill, misrepresentation and damage) (can involve similar packaging for a similar product, false description to make a product sound the same, claiming work as own, suggesting another business vouches for your work when they don’t) 

• Malicious falsehood

• breach of confidence