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OACETT Internationally Educated Professional Practice Exam Sample Questions (Q94-Q99):

NEW QUESTION # 94
Which of the following are ways to discharge a contract?

A. Injunction, specifications, or liquidated damages
B. Performance, agreement, or frustration
C. Undue influence, duress, or misrepresentation
D. Injunction, mistake, or duress

Answer: B

Explanation:
Acontract is dischargedwhen theparties are legally released from their obligations. The three main ways are:
* Performance- Both partiesfulfill their contractual obligations.
* Agreement- The partiesmutually agree to end the contract.
* Frustration- The contractbecomes impossible to perform due to unforeseen events(e.g., a natural disaster destroys a construction site).
Why Option A Is Correct:
* These are thelegally recognized methodsof ending a contract.
Why Other Options Are Incorrect:
* B (Undue influence, duress, misrepresentation)- Theseinvalidatecontracts, but do not always discharge them.
* C & D (Injunction, mistake, damages, etc.)- Theseare legal remedies, not contract termination methods.
Reference:
Ontario Contract Law - Discharge of Contracts Principles
OACETT Professional Practice Guidelines - Contractual Obligations

NEW QUESTION # 95
Which one of the following statements is correct about tort law?

A. The plaintiff initiates the civil case, and the burden of proof rests with the defense.
B. The plaintiff initiates the civil case, and the burden of proof rests with the plaintiff.
C. The plaintiff initiates the criminal case, and the burden of proof rests with the defense.
D. The plaintiff initiates the criminal case, and the burden of proof rests with the plaintiff.

Answer: B

Explanation:
Intort law (civil law), theplaintiff(the person who claims harm) must prove that thedefendant(the accused party) is legally responsible for the harm.
Step-by-Step Explanation:
* What is Tort Law?
* Atortis a civil wrong where one party'sactions or negligence cause harmto another.
* Common examples:negligence, defamation, product liability, and falseimprisonment.
* Who Initiates the Case?
* In tort law, theplaintiff (injured party) starts the lawsuit.
* Who Bears the Burden of Proof?
* Theplaintiff must provide evidencethat the defendant is liable.
* Standard of proof:"Balance of probabilities"(more likely than not).
* Why Other Options Are Incorrect:
* B (Burden of proof on defense)- Incorrect; in civil law, theplaintiffmust prove their case.
* C & D (Plaintiff initiates criminal cases)-Only the government (prosecution) can initiate criminal cases.
Reference:
Ontario Negligence Act- Outlines burden of proof in civil cases.
OACETT Professional Conduct Guidelines- Legal responsibility in professional disputes.

NEW QUESTION # 96
What does it mean to have a restrictive right under the OACETT Act to use the designation C.E.T.?

A. No other persons can work as technicians in Ontario.
B. No other persons can use the abbreviation C.E.T. after their name.
C. No other persons can work as technologists in Ontario.
D. No other persons can call themselves technologists in Ontario.

Answer: B

Explanation:
1. What is a Restrictive Right?
* Arestrictive right means that the title "Certified Engineering Technologist (CET)" is legally protected.
* Only individuals whomeet OACETT certification requirementscan use theCET designation.
2. Legal Protection of the CET Title
* The OACETT Actprevents unauthorized individuals from using the title.
* Thisensures public trust and professional credibilityin the field of engineering technology.
3. Why Option C is Correct:
* CET is a legally protected titleunder the OACETT Act.
* Example: Atechnician who is not certified by OACETT cannot call themselves a CET.
4. Why Other Options Are Incorrect:
* A (No one else can call themselves technologists)- Incorrect; other technologists exist, butCET is a protected title.
* B (No one else can work as a technologist)- Individuals can workwithout certification, butthey cannot claim the CET title.
* D (Technicians cannot work in Ontario)- Incorrect;C.Tech is another recognized certification for technicians.
Reference:
OACETT Act - Restrictive Rights for Certified Titles
Ontario Professional Engineers Act - Title Protection Laws

NEW QUESTION # 97
Should employee mental health be recognized and incorporated in a workplace health and safety program?

A. Yes, because more than 80 percent of Canadian employers rate mental health problems and illness to be one of the top three drivers for both short-term and long-term disability claims.
B. No, because employee health should be private.
C. No, because it is costly.
D. Yes, because it is a legal obligation as per WHMIS, 2015.

Answer: A

Explanation:
1. Importance of Mental Health in Workplace Safety
* Mental health issues, including stress, depression, and anxiety, can directly impact workplace performance, productivity, and safety.
* Over 80% of Canadian employersacknowledge that mental healthis a major factor in disability claims, absenteeism, and workplace accidents.
2. Why Employers Should Incorporate Mental Health into Safety Programs
* Reduces workplace accidents# Mental stress canlead to distractions, increasing risks of errors and injuries.
* Boosts employee well-being# Healthy employeesperform better, stay engaged, and take fewer sick days.
* Lowers disability claims and compensation costs# Preventing mental health issuesreduces long- term financial costs for employers.
3. Why Option C is Correct:
* Mental health is a top concern in workplace safety and disability management.
* Recognizing mental health in safety programs benefits both employees and employers.
4. Why Other Options Are Incorrect:
* A (Health should be private)- Employers mustensure a safe work environment, including mental health.
* B (Mental health programs are too costly)-Ignoring mental health costs more in lost productivity and disability claims.
* D (Legal obligation under WHMIS, 2015)- WHMISgoverns hazardous materials, not mental health policies.
Reference:
Canadian Mental Health Association (CMHA) - Workplace Mental Health & Employer Responsibilities Ontario Occupational Health & Safety Act - Psychological Safety in Workplaces

NEW QUESTION # 98
You are a member of OACETT, a principal in XYZ Company and also a member of a city council. The city council approves appropriations for projects undertaken by the city. One such project is an energy conservation project with a large potential reduction in energy costs. XYZ Company has established a good reputation in the energy conservation field. XYZ Company has submitted a proposal to the city council to provide services for this project under consideration.
What is the first thing you should do in a situation where you have a conflict of interest as a professional?

A. Immediately resign from your position to avoid any issues.
B. Withdraw from the project without telling anyone.
C. Disclose your conflict of interest to the appropriate parties.
D. Do nothing because conflicts of interest are common and rarely enforced.

Answer: C

Explanation:
When faced with aconflict of interest, thefirst ethical and legal obligationisfull disclosure.
Step-by-Step Breakdown:
1. What is a Conflict of Interest?
* Occurs whenpersonal, financial, or professional interests interfere with professional duties.
* Example: ACET serving on a city councilalsoowns a private engineering firm bidding on a municipal contract.
2. Why Disclosure is the First Step:
* Transparency prevents ethical violations.
* Allowsemployers, clients, or government authoritiesto decide how to proceed fairly.
* Often, professionalscan still work on projects if safeguards are in place.
3. Why Option A Is Correct:
* Disclosing conflicts ensures fairness and trust.
* Prevents legal repercussions, such asbreaching contract laws or professional misconduct charges.
4. Why Other Options Are Incorrect:
* B (Resigning immediately)- May not be necessary if the conflict can beproperly managed.
* C (Ignoring conflicts)- ViolatesOACETT's Code of Ethics and Ontario business laws.
* D (Withdrawing without disclosing)-Lack of transparency can raise suspicionand legal consequences.
Reference:
OACETT Code of Ethics - Conflict of Interest Policy
Ontario Public Service Conflict of Interest Act - Disclosure Requirements

NEW QUESTION # 99
......

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OACETT Internationally Educated Professional Practice Exam Sample Questions (Q94-Q99):

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