SOSC 111 - Science SOSC 111 - Science Technology and SocietyTechnology and Society

Today: Today: Lesson 21Lesson 21Engineering and the Law Engineering and the Law

November 9, 1998November 9, 1998

Dr. Vincent Duffy - IEEMDr. Vincent Duffy - IEEM

http://www-ieem.ust.hk/dfaculty/http://www-ieem.ust.hk/dfaculty/duffy/111 duffy/111

email: vduffy@ust.hkemail: vduffy@ust.hk 1

Yuen Tat-cheong v. Urban CouncilYuen Tat-cheong v. Urban Council5:30pm, Shamshuipo, 5:30pm, Shamshuipo, Mrs. Yuen & son (31/2 years old)Mrs. Yuen & son (31/2 years old)returning from shopping in Shun Hing marketreturning from shopping in Shun Hing marketA hawker/vendor fleeing from Duties officialsA hawker/vendor fleeing from Duties officialsbanged into the boybanged into the boya wok of boiling oil fell on the boy’s facea wok of boiling oil fell on the boy’s faceMrs. Yuen wanted damages from Duties officialMrs. Yuen wanted damages from Duties officialJudge decided, though unfortunate, Duties officials Judge decided, though unfortunate, Duties officials were not to blame, not negligentwere not to blame, not negligent

2

What is illustrated here?

The limitations in Tort are illustrated in the The limitations in Tort are illustrated in the case of Mrs. Yuen case of Mrs. Yuen boy hurt, but duty officers were not to blame- boy hurt, but duty officers were not to blame-

therefore no compensation to the boytherefore no compensation to the boy

3

Q.1. What are the limits of Tort Law?Q.1. What are the limits of Tort Law? Q.2. Please give an example of the use of ‘law as Q.2. Please give an example of the use of ‘law as

a weapon’.a weapon’. Q.3. Please give an example of the use of‘law as Q.3. Please give an example of the use of‘law as

a protector’.a protector’. Q.4. What do ‘caveat emptor’ and ‘privity of Q.4. What do ‘caveat emptor’ and ‘privity of

contract’ represent? Attitudes about what?contract’ represent? Attitudes about what? Q.5. Why is minimum compliance not enough?Q.5. Why is minimum compliance not enough?

4

Limitations on law of tortLimitations on law of tort law/standards as a weapon law/standards as a weapon law as protector - balanced outlook on lawlaw as protector - balanced outlook on law

how judges/federal agencies interpret the lawhow judges/federal agencies interpret the law

definitions and examplesdefinitions and examples old contract law associated terms such as old contract law associated terms such as minimum compliance revisitedminimum compliance revisited

5

Law/standards as a weapon

Two ASME volunteersTwo ASME volunteers (American Society of Mechanical Engineers)(American Society of Mechanical Engineers) interpreted ASME code/standards in a way that interpreted ASME code/standards in a way that

Hydrolevel Corporation’s product could not Hydrolevel Corporation’s product could not compete w/devices built by the competitorcompete w/devices built by the competitor

Only trouble is that the ‘volunteers’ for ASMEOnly trouble is that the ‘volunteers’ for ASME were employees of the rival competitor were employees of the rival competitor

6

Law as protector balanced outlook on lawbalanced outlook on law

sometimes judges/federal agencies interpret the lawsometimes judges/federal agencies interpret the law Hickel’s law Hickel’s law

After offshore oilspills in California 1969After offshore oilspills in California 1969 the spills caused damage to the beaches and sealifethe spills caused damage to the beaches and sealife was it the fault of federal authorities for lack of was it the fault of federal authorities for lack of

enforcement?enforcement? was it the drillers fault for not following laws?was it the drillers fault for not following laws?

7

Hickel’s law:

the drillers argued that they did follow the law the drillers argued that they did follow the law and should not be penalizedand should not be penalized

Hickel, a federal official, interpreted the law Hickel, a federal official, interpreted the law differently and was harsh to the drillers differently and was harsh to the drillers

he wanted to get the drillers attentionhe wanted to get the drillers attention He was mad at the drillersHe was mad at the drillers He said you have to ‘hit the the polluters hard He said you have to ‘hit the the polluters hard

so they don’t pollute again’ so they don’t pollute again’

8

Hickel’s Law

that is Hickel’s law : ‘hit the polluters hard so that is Hickel’s law : ‘hit the polluters hard so they dont do it again’they dont do it again’

Hickel’s law : gives extra harsh penalty to get Hickel’s law : gives extra harsh penalty to get attention and avoid others doing the same thingattention and avoid others doing the same thing

allows protection for those that can not protect allows protection for those that can not protect themselves themselves

9

Why is Hickel’s law important?

in this case it is protection for the environment in this case it is protection for the environment and local beaches and sealifeand local beaches and sealife

the drillers met the minimum requirement, but the drillers met the minimum requirement, but the federal officials were still mad about the the federal officials were still mad about the embarrassment caused to them by the accident embarrassment caused to them by the accident

the drillers were penalized many $$.the drillers were penalized many $$. it is an example of why the minimum it is an example of why the minimum

compliance is sometimes not enoughcompliance is sometimes not enough other terms for minimum compliance could be: other terms for minimum compliance could be:

following the minimum standard, minimum following the minimum standard, minimum law, or minimum requirementlaw, or minimum requirement

10

Q.4 What are ‘caveat emptor’ and ‘privity of Q.4 What are ‘caveat emptor’ and ‘privity of contract’? What attitudes to they represent?contract’? What attitudes to they represent? ‘‘privity of contract’ - if you are not party to a contract privity of contract’ - if you are not party to a contract

you have no rights arising from ityou have no rights arising from it caveat emptor means ‘buyer beware’ caveat emptor means ‘buyer beware’

if you enter contract of sound mind, then buy at your riskif you enter contract of sound mind, then buy at your risk

old ideas about liability old ideas about liability previously the buyer was limited to action against sellerpreviously the buyer was limited to action against seller when did they change? and why? (see reading)when did they change? and why? (see reading) 1916 - General Motors Car Wheel fell off McPherson’s car1916 - General Motors Car Wheel fell off McPherson’s car also an example of where ‘minimum compliance’ failsalso an example of where ‘minimum compliance’ fails

11

Q.5. minimum compliance - what does it mean?Q.5. minimum compliance - what does it mean? someone follows the law, but doing not more than is requiredsomeone follows the law, but doing not more than is required doing the minimum in order to not break the law,doing the minimum in order to not break the law, satisfying the minimum requirement, satisfying the minimum requirement, following the minimum standardfollowing the minimum standard examples of the Tampa Bay Bridge, Titanic, Hickle’s Law, examples of the Tampa Bay Bridge, Titanic, Hickle’s Law,

McPherson case illustrate why the law, or minimum compliance, McPherson case illustrate why the law, or minimum compliance, is not enoughis not enough

minimum compliance makes companies risk being subject to minimum compliance makes companies risk being subject to ‘Hickle’s Law‘Hickle’s Law

old attitudes such as ‘buyer beware’ are consistent with thought old attitudes such as ‘buyer beware’ are consistent with thought about following the ‘minimum requirement’ or ‘minimum about following the ‘minimum requirement’ or ‘minimum compliance’compliance’

Old exam 2 posted on webpage todayOld exam 2 posted on webpage today12