Obligation-Conflict Resolution

Case 97-13 (1997) · Duty To Report Unrelated Information Observed During Rendering Of Services

Professional obligations conflict, and the board applies no fixed rule for which one wins. Each resolution is recorded as three edges: competesWith (the tension), prevailsOver (the obligation the board allowed to win in this case), and defeasibleUnder (the situation under which the yielding obligation gives way). The same tension is then traced across comparable cases, where its resolution shifts with context. Hover any obligation or state to see its definition; click to open it in OntServe.
How this case resolved it competition structure in OntServe
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Engineer A Faithful Agent Duty prevails over Engineer A Public Safety Duty
the two obligations are in tension (competesWith)
the yielding obligation gives way only under (defeasibleUnder):
  • Client Report Omission Directive
What the board concluded
  • It was ethical for Engineer A to retain the information in his engineering notes but not include it in the final written report as requested.
  • It was ethical for Engineer A not to report this information to any other public agency or authority as long as corrective action is taken by the public agency within a relatively short period of time.
How comparable cases resolved the same tension

Read at the type level, this resolution is: Safety Obligation yields to Faithful Agent Obligation. Comparison across cases happens at this level; the duty types recur while each case's obligations instantiate them.

Case Prevailing type Yielding type Relation to this case
24-1
Balancing Client Directives and Public...
Safety Obligation Faithful Agent Obligation Same tension, resolved the opposite way
76-4
Public Welfare - Knowledge of Information...
Safety Obligation Faithful Agent Obligation Same tension, resolved the opposite way
89-7
Duty To Report Safety Violations
Safety Obligation Faithful Agent Obligation Same tension, resolved the opposite way
92-6
Public Welfare - Hazardous Waste
Safety Obligation Faithful Agent Obligation Same tension, resolved the opposite way
89-7
Duty To Report Safety Violations
Safety Obligation Confidentiality Obligation The yielding type here prevails there
90-5
Failure To Report Information Affecting...
Safety Obligation Confidentiality Obligation The yielding type here prevails there
96-8
Peer Review - Confidentiality Agreements
Safety Obligation Confidentiality Obligation The yielding type here prevails there
22-2
Sharing As-Built Drawings
Disclosure Obligation Faithful Agent Obligation The prevailing type here yields there
76-4
Public Welfare - Knowledge of Information...
Reporting Obligation Faithful Agent Obligation The prevailing type here yields there
89-7
Duty To Report Safety Violations
Reporting Obligation Faithful Agent Obligation The prevailing type here yields there
88-6
Whistleblowing - City Engineer
Safety Withdrawaland Notification Obligation Faithful Agent Obligation The prevailing type here yields there
24-5
Sustainable Development and Resilient...
Faithful Agent Obligation Professional Accountability Obligation The prevailing type here also prevails there, over a different duty
93-3
Appropriate Notification And Review Of...
Faithful Agent Obligation Peer Review Cooperation Obligation The prevailing type here also prevails there, over a different duty
08-10
Public Welfare—Design of Medical Equipment
Faithful Agent Obligation Reporting Obligation The prevailing type here also prevails there, over a different duty
85-4
Objectivity of Engineer Retained as Expert
Faithful Agent Obligation Objectivity Obligation The prevailing type here also prevails there, over a different duty

Closest instance-level matches, ranked on the specific obligations and contexts of this case:

Case Obligation that prevailed Yielding obligation Context (defeasibleUnder)
76-4
Public Welfare - Knowledge of Information...
Engineer Doe Paramount Public Duty Engineer Doe Faithful Agent Duty No Written Report Directive
93-3
Appropriate Notification And Review Of...
Engineer B Faithful Agent Duty Engineer B Peer Notification Duty Franchiser Nondisclosure Directive
24-5
Sustainable Development and Resilient...
Engineer K Faithful Agent Duty Engineer K Sustainability Promotion Duty City Officials Public Accountability
08-10
Public Welfare—Design of Medical Equipment
Engineer A Faithful Agent Duty Engineer A Conditional Reporting Duty Internal Mechanisms Available MedTech