QUESTION ONE (30 MARKS)

a) Five reasons why Software Engineering is not considered a mature profession

yet:
1. Lack of standardized education and certification programs.
2. Insufficient professional ethics and conduct guidelines.
3. Limited recognition and respect from other established professions.
4. Inadequate professional development and continuing education opportunities.
5. Lack of comprehensive regulatory frameworks and professional bodies.
b) Two factors affecting ethical decision-making:
1. Personal values and beliefs.
2. Societal norms and expectations.
c) Four factors justifying recovery for breach of contract:
1. The breach caused financial loss or damage to the other party.
2. The breach was a material breach, significantly affecting the contract’s
performance.
3. The non-breaching party had fulfilled their obligations under the contract.
4. The non-breaching party provided reasonable notice or an opportunity to remedy
the breach.
d) Five issues related to intellectual property and information technology:
1. Copyright infringement and piracy.
2. Unauthorized access and data breaches.
3. Software licensing and distribution.
4. Patent infringement and technology transfer.
5. Cyberbullying and online harassment.
e) Four new offenses recognized by the Computer Misuse Act (1990):
1. Unlawful access to a computer system.
2. Unlawful access, modification, or deletion of data.
3. Unlawful use of a computer to cause damage.
4. Unlawful use of a computer to intercept communications.
f) Five Commandments for Computer Ethics as per the Care of the Computer Ethics
Institute of the Brookings Institution:
1. Respect for intellectual property.
2. Respect for privacy.
3. Avoidance of harm.
4. Respect for the law.
5. Professional responsibility.
g) Ethical principles:
1. Autonomy: Respecting individuals’ rights to make informed decisions.
2. Beneficence: Acting for the well-being of others.
3. Non-maleficence: Avoiding harm to others.
4. Justice: Ensuring fairness and equality.
5. Confidentiality: Protecting sensitive information.
QUESTION TWO (20 MARKS)
a) Ethical Dilemma: A situation where a person is faced with two or more conflicting
moral choices, each with potential consequences that violate ethical principles.
b) Unethical behavior in the scenario:
1. The student accessed others’ records without permission.
2. The student continued to access others’ records after informing the system
administrator.
3. The student did not immediately report the loophole to the system administrator.
c) Ethical Dilemmas in the scenario:
1. The student’s duty to report the loophole versus the temptation to exploit it.
2. The student’s responsibility to protect others’ privacy versus his own curiosity.
3. The student’s obligation to act in the best interest of the university versus his
own personal gain.
d) i) Breach of contract: A failure to perform any term of a contract without lawful
excuse.
ii) Four ways in which a contract can be brought to an end:
1. Performance: When all parties fulfill their contractual obligations.
2. Mutual agreement: When parties agree to terminate the contract.
3. Frustration: When unforeseen circumstances make performance impossible or
impractical.
4. Breach: When one party fails to perform their obligations, allowing the other party
to terminate the contract.

QUESTION THREE (20 MARKS)

a) i) Intellectual property: Rights granted to creators and inventors over their
creations and inventions, allowing them to control the use and distribution of their
work.
ii) Five factors justifying Intellectual Property as a property:
1. Encourages innovation and creativity.
2. Protects the rights of creators and inventors.
3. Promotes economic growth and development.
4. Ensures fair compensation for creators and inventors.
5. Balances the interests of creators and the public.
b) Four factors why the new parents’ action is wrong:
1. Invasion of privacy: The nanny has a reasonable expectation of privacy, and the
Sullivans’ secret monitoring violates this right.
2. Lack of consent: The nanny was not informed or consented to being monitored,
which is a violation of her rights.
3. Potential harm: The nanny may feel uncomfortable or threatened by the
surveillance, which could negatively impact her performance and the child’s well-
being.
4. Erosion of trust: The nanny may feel betrayed and lose trust in the Sullivans,
which can damage their relationship and the quality of care provided to the child.
c) Three factors why Information privacy is a negative right:
1. Protection from arbitrary interference: Information privacy ensures that
individuals are free from unwarranted intrusion or surveillance by others,
including the government.
2. Preservation of autonomy: Information privacy allows individuals to control their
personal information and make decisions about its collection, use, and
dissemination.
3. Safeguarding individual dignity: Information privacy respects the inherent dignity
and worth of individuals by protecting their personal information from
unauthorized access or misuse.

QUESTION FOUR (20 MARKS)

i) Ethical decision-making: The process of evaluating and choosing among
alternatives in a manner consistent with ethical principles and values.
ii) Refuting the action of copying a music CD from a friend instead of buying it using
four factors considered in ethical decision-making:
1. Respect for intellectual property: Copying a CD without paying for it violates the
rights of the artist or creator, who has invested time, effort, and resources in
producing the music.
2. Fairness and justice: Copying a CD without paying for it is unfair to the artist or
creator, who should be compensated for their work. It also deprives them of
potential income and recognition.
3. Consequences and responsibilities: Copying a CD without paying for it can have
negative consequences for the artist or creator, such as reduced sales and
financial losses. It also disregards the responsibilities that come with consuming
and enjoying creative works.
4. Moral character and integrity: Copying a CD without paying for it demonstrates a
lack of respect for the artist’s work and a disregard for ethical principles, which
can erode moral character and integrity.
iii) The importance of deterrence to Unethical And Illegal Behavior:
Deterrence is crucial in preventing unethical and illegal behavior as it serves as a
warning or threat of punishment, which can discourage individuals from engaging in
such actions.
Three conditions for deterrence to Unethical And Illegal Behavior:
1. Certainty: The likelihood of detection and punishment must be high for
deterrence to be effective.
2. Severity: The consequences or punishment for unethical and illegal behavior
must be severe enough to deter individuals from engaging in such actions.
3. Culpability: Individuals must feel responsible for their actions and understand
that they will be held accountable for their unethical and illegal behavior.
Ethics are not laws because:
1. Ethics are based on moral principles and values, while laws are based on legal
principles and regulations.
2. Ethics are subjective and can vary across cultures and individuals, while laws
are objective and apply to everyone within a jurisdiction.
3. Ethics are voluntary and rely on personal conscience, while laws are mandatory
and enforced by the state.

QUESTION FIVE
a) i) Define Negligence
Negligence refers to the failure to exercise the level of care that a reasonably
prudent person would have exercised under similar circumstances, resulting in harm
to another person or property. It is a tort claim used in personal injury cases, such as
car accidents or slip-and-fall incidents
.
a) ii) Elaborate the Four Elements of Negligence
To establish a negligence claim, a plaintiff must prove the following four elements:
1. Duty: The defendant owed a legal duty to the plaintiff to act with reasonable
care
.
2. Breach: The defendant failed to meet this duty by acting or failing to act in a
certain way
3. Causation: The defendant's breach of duty caused the plaintiff's injury
.
4. Damages: The plaintiff suffered harm or injury as a result of the defendant's
actions
b) Five Threatening Factors Affecting Ethical Decision Making by IT Professionals
1. Pressure to Meet Deadlines: IT professionals may feel compelled to
prioritize project timelines over ethical considerations, leading to shortcuts that
compromise ethical standards.
2. Lack of Clear Ethical Guidelines: Without clear organizational policies or
industry standards, IT professionals may struggle to make ethical decisions,
especially in complex situations.
3. Fear of Retaliation: Professionals might avoid reporting ethical violations or
making ethical decisions if they fear negative consequences, such as job loss
or professional backlash.
4. Technological Complexity: The rapid evolution of technology can create
ethical dilemmas that are difficult to navigate, especially when there are no
clear precedents or guidelines.
5. Financial Constraints: Limited resources can force IT professionals to
choose between ethical practices and cost-effective solutions, potentially
leading to unethical decisions.