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
Featured
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 |