• Nepal follows a federal democratic system based on 2015 A.D. constitution.
• Nepal’s legal system is based on a combination of customary law, religious practices and modern legal principles.
• The Muluki Ain (Civic code) governs civil matters like contracts, property and family relation.
• There is separation of power in government i.e. Legislative, Executive and Judiciary.
• Court includes Supreme Court, High Court and District Court.

1.2 Essentials of a valid contract

Valid contract is a legally accepted agreement between parties that follows all the necessary rules, regulation and requirements.

• Offer and Acceptance: One part purposes (offer) terms and other agrees (accept).
• Intention to create legal relations: Both parties to be legally bound.
• Lawful consideration: There must be something of value exchanged between parties.
• Capacity: Both parties must have the legal ability to enter into a contract.
• Free consent: Agreement are made without pressure, fraud or mistake.

1.3 Difference between Void and Voidable contracts

1.4 Significance of a contract

• Agreement Clarity: Clearly defines terms, reducing confusion.
• Legal Binding: Creates enforceable obligations between parties.
• Dispute Prevention: Minimize conflicts by setting clear expectations.
• Business Assurance: Supports secure transactions and deals.
• Responsibility: Holds parties accountable for their commitments.
• Protection: Safe guard interest and rights of parties.
• Proof: Provide written evidence of agreement.

1.5 Factors to be considered in preparing a contract document

• Use simple and precise language to avoid misunderstandings.
• Clearly define scope of work.
• Enlist terms and condition which includes payment terms, deadlines and other condition.
• Define duties of each party involved.
• Address the protection of sensitive information.
• Specify which law governs the contract.
• Allow for future changes if needed.

1.6 Interpretation of contractual clauses

• It involves understanding and explain the meaning of specific term and provision within a contract.
• Ensure clarity to everyone about their right and duties.
• Prevents dispute and misunderstanding.

`1.7 Duties and Liabilities of designers and professionals

Duties of designer and professionals:

• Provide service with skillful work.
• Be truthful and transparent in all deal.
• Prioritize client needs and interest.
• Follow law and regulation relevant to profession.
• Keep client information private.

Liabilities of designers and professionals:

• Responsible for their mistake or error.
• May face legal action for professional misconduct.
• Responsible for damages caused by their negligence.
• Professional reputation can suffer due to poor work.
• Liable for compensating clients for losses due to professional mistake.

1.8 Conditions for establishment of professional negligence

1. Duty:

• Professionals have a duty to perform their task with care.
• Provide certain standard of service.

2. Breach:

• Professional failed to meet the expected standard of service.

3. Proximity cause:

• Professional action directly cause harm or impact the service.

4. Damage:

• Harmed party suffered losses due to the professional’s actions.

1.9 Types of Business Enterprises

1. Sole proprietorship:

• Owned and operated by one person.
• Owner makes all decisions and takes all profit.
• Owner is responsible for debt and losses.

2. Partnership:

• Managed and owned by two or more individual.
• Owners share decision making and profits.
• Partner share debts and responsibilities.

3. Limited company:

• Exits as a separate legal entity from its owners.
• Owner’s personal assets are protected from business debts.
• Ownership divided into shares held by shareholders.

2.0 Intellectual property right

1. Copyright:

• Idea protection.
• Safeguard original creation.
• Gives creator control over reproduction, distribution and public display.
• Lasts for creator’s lifetime plus a specific period.

2. Patent:

• Invention protection.
• Secure new and useful invention.
• Grants exclusive rights to use, make or sell the invention.
• Usually last around 20 years.

3. Design:

• Visual protection.
• Covers the appearance of products like shapes.
• Grants protection against copying the design visual aspects.
• Last for several years.

4. Trademarks:

• Brand protection.
• Protects symbol, name that disguise products or service.
• Helps consumers recognize and trust a specific brand.
• Can be renewed timely as its in use.

References:

• Giddens, A. (2009). Sociology. Polity Press.
• Kumar, A. (2014). Engineering Ethics and Human Values. Laxmi Publications.
• Schaefer, R.T. (2018). Sociology: A Brief Introduction. McGraw-Hill Education.
• Manual of Engineering Professional Practice (Nepal Engineering Council)

The post Legal Aspects of Professional Engineering in Nepal appeared first on OnlineEngineeringNotes.

Moral:

• It is a personal sense of right and wrong that guides individual behavior based on values.

Ethics:

• It is a shared principles of right and wrong that helps groups or professions make decisions.

Professionalism:

• Behaving responsibly and ethically in one’s field of work.

1.2 Characteristics of ethical decision making

1. Consideration of consequence: Evaluating potential outcomes of choices.
2. Fairness: Treating all parties equally.
3. Transparency: Making decision openly and honestly.
4. Respect for others: Recognizing the rights and dignity of individual.
5. Honesty: Providing accurate information and truthfulness.
6. Accountability: Taking responsibility for choices and action.
7. Long term view: Considering sustainable decision.

1.3 Liability of engineers in design, construction and implementation of projects

 Liability is a legal responsibility for actions or outcomes.

Sources of liability:

1. Liabilities due to contract:

• Breaking agreement made.
• Not keeping promises.

2. Liabilities due to criminal law:

• Committing criminal activity.
• Engaging in illegal activities can result in legal liability.

3. Liabilities due to tort:

• Causing harm or injury to others.
• Negligence or intentional harm leading to legal liability.

Types of Liability:

1. Vicarious Liability:

• Being responsible for someone else’s actions.
• If your employee does something wrong at work you are also responsible.

Test to ascertain degree of vicarious liability:

• Control test: To check if the person who caused harm was directed by other parties.
• Business integration test: To check if the person causing harm was closely connected to the liable party’s business.
• Multiple test: Both control and business factor.

2. Partnership Liability:

Sharing responsibility in a business group.

1.4 Loss of professionalism

Causes:

• Lack of respect
• Poor communication
• Dishonesty
• Lack of accountability
• Unethical action

1.5 Ethical issue in professional engineering in dealing with other professions

• Accounting: Providing false financial information.
• Banking: Misusing private client data.
• Law: Offering biased or incorrect legal advice.
• Journalism: Giving inaccurate technical information to media.
• Management: Sacrificing safety for quicker profit.

References:

• Giddens, A. (2009). Sociology. Polity Press.
• Kumar, A. (2014). Engineering Ethics and Human Values. Laxmi Publications.
• Schaefer, R.T. (2018). Sociology: A Brief Introduction. McGraw-Hill Education.
• Manual of Engineering Professional Practice (Nepal Engineering Council)

The post Ethics and Professionalism in Engineering appeared first on OnlineEngineeringNotes.

A society refers to a group of individual who share common values, norms and interactions within a specific geographical or social boundary.

Types of Society:

1. Tribal Society:

• People live in small groups close to nature.
• Usually rely on hunting, gathering or simple farming.
• Strong sense of community and shared traditions.

2. Agrarian Society:

• People live in village or small town.
• Mainly depends on farming for pond and resource.
• Society is centered around agriculture and land ownership.

3. Industrial Society:

• People live in large cities and urban areas.
• People have various job beyond farming.
• Society focuses on production, industry and urban living.

Essential elements of society:

• Culture: Shared beliefs, value, custom, language and tradition.
• Social norms: Social rules on how we act and talk with each other.
• Social institution: Organized structure like family, education, religion and government.
• Economic system: Resource are produced, distributed and consumed.
• Communication: Exchange information through language and technology.
• Political system: Governance, laws and decision.
• Social hierarchy: Important people based on status, power and wealth.

1.2 Factors and classical theories of social change

Factors causing social change:

• Technology advancement
• Economic change
• Cultural shifts
• Political movement
• Environmental factors
• Demographic change
• Education and media
• Health advanced
• Conflicts and wars

Classical theories of social change:

1. Cyclical:

• Society goes through repetitive cycle of change, returning to similar pattern over time.
• Example: Season Change.

2. Evolution:

• Society progress and develop over time, moving towards more complex and advanced forms.
• Example: Hunting-gathering groups to advanced industrial societies.

3. Functional:

• Change happen to maintain balance and harmony in society, fulfilling necessary function.
• Example: Economic changes ensures enough resources to all people.

4. Conflict:

• Change is driven by conflicts and struggle between different groups varying interest.
• Example: Labor strikes leading to better working condition.

1.3 Impacts and Consequences of technology on socio-economic parameters

1.4 Effects of major technological development

1.5 Roles of engineers in society

• To tackle real world challenge and find solution.
• Create new technologies, product and system.
• Create plans and blueprints of building and products.
• Ensure structure and technologies are safe to use.
• Develop eco-friendly solution and reduce impact.
• Explore new possibilities and improve existing technologies.
• Shape the future by creating and advancing technology.
• Promote sustainable development.

References:

• Giddens, A. (2009). Sociology. Polity Press.
• Kumar, A. (2014). Engineering Ethics and Human Values. Laxmi Publications.
• Schaefer, R.T. (2018). Sociology: A Brief Introduction. McGraw-Hill Education.
• Manual of Engineering Professional Practice (Nepal Engineering Council)

The post Society and Technology in Engineering appeared first on OnlineEngineeringNotes.