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A licensed professional engineer, working in private practice, designs a gas turbine for a client...

A licensed professional engineer, working in private practice, designs a gas turbine for a client who owns and operates power plants across Canada. Unbeknownst to the client, the professional was negligent in the design process and did not follow well-established turbine codes and standards, which led to a faulty product.

Which of the following scenarios would provide the least valid grounds for the client to open a negligent tort case against the professional?

A.

Due to the faulty design, the turbine overheats, igniting a fire that injures a number of employees.

B.

The plant suffers property damage due to the design flaw, however no written contract exists between the professional and the client.

C.

The plant is unable to successfully install the turbine due to a design flaw, causing a temporary plant shutdown and associated financial loss.

D.

Shortly after turbine installation, the design flaw causes the turbine to fail catastrophically, resulting in significant damage to the plant's industrial equipment.

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