Obligation-Conflict Resolution

Case 93-8 (1993) · Use Of Broad Indemnification Clause For Pollution Services

Case Precedents

How this case resolved it competition structure in OntServe

Engineer A Liability Protection Duty prevails over Client Indemnification Duty

the two obligations are in tension (competesWith)

this resolution as a triple in OntServe

the yielding obligation gives way only under (defeasibleUnder):

Limited Pollution Insurance Availability

Engineer A Responsibility Acceptance Duty prevails over Client Indemnification Duty

the two obligations are in tension (competesWith)

this resolution as a triple in OntServe

the yielding obligation gives way only under (defeasibleUnder):

Limited Pollution Insurance Availability

What the board concluded

From the Board's conclusions in Case 93-8:

It would not be ethical for Engineer A to continue to require a broad indemnification provision in all of his agreements where he provides pollution-related services. Engineer A should tailor the indemnification agreement to accept reasonable liability and consider current availability of professional liability insurance as appropriate to the project.

Recorded violations: Continued Indemnification Requirement violates Engineer A Responsibility Acceptance Duty Continued Indemnification Requirement violates Engineer A Liability Protection Duty

How comparable cases resolved this and related tensions

Read at the type level, this resolution is: Legal Obligation yields to Professional Accountability Obligation. Comparison across cases happens at this level; the duty types recur while each case's obligations instantiate them. Cases below are grouped by how much of that pairing they share. A duty type that yields here may prevail elsewhere, which is the context-dependence itself, not an inconsistency.

Same tension: both duty types match, so the board ruled on this exact pairing. Related tension: only one duty type matches; the other duty differs, so these show how a type behaves elsewhere rather than a ruling on this pairing.

Case	Prevailing type	Yielding type	Relation to this case
Same tension: both duty types match (2)
85-3 P.E. Requirement for County Surveyor Position	Competence Obligation	Legal Obligation	Same tension, resolved the same way
23-4 Acknowledging Errors in Design	Objectivity Obligation	Professional Accountability Obligation	Same tension, resolved the opposite way
Related tension: one duty type matches (16)
24-5 Sustainable Development and Resilient...	Faithful Agent Obligation	Professional Accountability Obligation	The prevailing type here yields there
98-5 Public Health And Safety - Code Enforcement	Public Safety Obligation	Competence Obligation	The prevailing type here yields there
97-13 Duty To Report Unrelated Information...	Faithful Agent Obligation	Safety Obligation	The prevailing type here yields there
21-2 Public Health, Safety, and ...	Future Conditions Consideration Obligation	Legal Obligation	The yielding type here also yields there, to a different duty
21-2 Public Health, Safety, and ...	Public Safety Obligation	Legal Obligation	The yielding type here also yields there, to a different duty
85-3 P.E. Requirement for County Surveyor Position	Ethical Conduct Obligation	Legal Obligation	The yielding type here also yields there, to a different duty
85-4 Objectivity of Engineer Retained as Expert	Faithful Agent Obligation	Objectivity Obligation	The yielding type here also yields there, to a different duty
24-1 Balancing Client Directives and Public...	Safety Obligation	Faithful Agent Obligation	The prevailing type here also prevails there, over a different duty
76-4 Public Welfare - Knowledge of Information...	Safety Obligation	Faithful Agent Obligation	The prevailing type here also prevails there, over a different duty
89-7 Duty To Report Safety Violations	Safety Obligation	Faithful Agent Obligation	The prevailing type here also prevails there, over a different duty
89-7 Duty To Report Safety Violations	Safety Obligation	Confidentiality Obligation	The prevailing type here also prevails there, over a different duty
18-9 Public Health and Safety—Building Codes to...	Safety Obligation	Proactive Risk Disclosure Obligation	The prevailing type here also prevails there, over a different duty
18-9 Public Health and Safety—Building Codes to...	Safety Obligation	Safety Withdrawal and Notification Obligation	The prevailing type here also prevails there, over a different duty
90-5 Failure To Report Information Affecting...	Safety Obligation	Confidentiality Obligation	The prevailing type here also prevails there, over a different duty
92-6 Public Welfare - Hazardous Waste	Safety Obligation	Faithful Agent Obligation	The prevailing type here also prevails there, over a different duty
96-8 Peer Review - Confidentiality Agreements	Safety Obligation	Confidentiality 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)
18-9 Public Health and Safety—Building Codes to...	Engineer A Public Safety Duty	Engineer A Client Persuasion Duty	Client Duty Versus Public Safety Conflict; Owner Cost Based Refusal
90-5 Failure To Report Information Affecting...	Engineer A Tenant Safety Duty	Engineer A Confidentiality Duty	Safety Endangerment Confidentiality Release