Profession, code of ethics, tort and liability

Profession

A profession is an occupation based on specialised higher education and training, giving skilled service to society, governed by a code of ethics and regulated by a professional body, e.g. engineering, medicine, law. Its features: specialised knowledge, service motive, code of ethics, licence/registration, autonomy, accountability and continuous learning.

Code of ethics for engineers

A code of ethics is a set of principles guiding the conduct of engineers. Main provisions (Nepal Engineering Council code of conduct and general engineering codes):

1. Hold public safety, health, welfare and environment paramount.
2. Work only within one's competence.
3. Be honest and truthful in all statements, reports and estimates.
4. Act as a faithful agent of employer and client; keep confidentiality.
5. Avoid conflict of interest and never take bribes or gifts.
6. Compete fairly; do not injure the reputation of colleagues.
7. Give credit to others' work and share knowledge.
8. Keep professional knowledge and registration up to date.
9. Report violations of code or dangers to public.
10. Uphold the dignity and honour of the profession.

Tort

A tort is a civil wrong (other than breach of contract) that causes injury or loss to another person, for which the court awards compensation (damages). Examples: negligence, nuisance, defamation, trespass.

Features: breach of a legal duty fixed by law, harm to a person, remedy by damages or injunction. Engineers are exposed to tort of negligence (duty, breach, causation, damage).

Liability

Liability is the legal responsibility to compensate or be punished for a wrong. Kinds: civil, criminal, contractual, professional (negligence), vicarious (employer for employee) and strict liability. An engineer who causes harm by negligence is liable in tort to pay damages, may be liable under criminal law if gross, and may face discipline by the Council.