Obligation-Conflict Resolution

Case 93-3 (1993) · Appropriate Notification And Review Of Another Engineer's Work

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 B Faithful Agent Duty prevails over Engineer B Peer Notification Duty
the two obligations are in tension (competesWith)
the yielding obligation gives way only under (defeasibleUnder):
  • Franchiser Nondisclosure Directive
What the board concluded
  • Engineer B's act of notifying Engineer A of his relationship with franchiser was not consistent with the Code.
  • The Board was split on the second question and could not reach agreement.
Recorded violations: Engagement Acceptance Without Clarification violates Engineer B Instruction Clarification Duty Disclosure to Reviewed Engineer violates Engineer B Faithful Agent Duty
How comparable cases resolved the same tension

Read at the type level, this resolution is: Peer Review Cooperation 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 The prevailing type here yields 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...
Safety 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
89-7
Duty To Report Safety Violations
Safety 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
92-6
Public Welfare - Hazardous Waste
Safety 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
97-13
Duty To Report Unrelated Information...
Faithful Agent Obligation Safety 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)
97-13
Duty To Report Unrelated Information...
Engineer A Faithful Agent Duty Engineer A Public Safety Duty Client Report Omission Directive
92-6
Public Welfare - Hazardous Waste
Engineer B Paramount Public Welfare Duty Engineer B Faithful Agent Duty Client Business Relationship Conflict
08-10
Public Welfare—Design of Medical Equipment
Engineer A Faithful Agent Duty Engineer A Conditional Reporting Duty Internal Mechanisms Available MedTech