Obligation-Conflict Resolution
Case 04-11 (2004) · Advertising — Use of Business Cards—P.E. Designation
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
Featured
Business Development Representative Firm Licensure Prerequisite Ethical Activity
prevails over
Engineer A Multi-State Advertising State Registration Law Conformance
the two obligations are in tension (competesWith)
the yielding obligation gives way only under (defeasibleUnder):
- Sit4-BusinessCard-StateB-SocialDistribution
- Sit4-ThirdPartyRedistribution-StateC
Engineer A Situation 1 Truthful Advertising Obligation Violation
prevails over
Antitrust Commercial Speech Tempering of Advertising Ethics Recognition
the two obligations are in tension (competesWith)
the yielding obligation gives way only under (defeasibleUnder):
- Engineering Advertising Antitrust Legal Framework
Engineer A Situation 4 Social Context Non-Violation Recognition
prevails over
Engineer D Situation 4 Improper Complaint Filing Prohibition
No State context committed for this edge.
Engineer D Situation 4 Improper Complaint Filing Prohibition
prevails over
Engineer D Improper Complaint Filing Judgment Failure
the two obligations are in tension (competesWith)
the yielding obligation gives way only under (defeasibleUnder):
- Situation 4 - Third-Party Social Context Business Card Redistribution
Engineer A Situation 1 Physical Address Omission Ethics Violation
prevails over
Engineer A Situation 1 Mailing Address Omission Business Card
the yielding obligation gives way only under (defeasibleUnder):
- Sit1-BusinessCard-NoAddress-NoLicensureStates
Engineer A Situation 4 Social Context Card Distribution No Violation
prevails over
Engineer A Multi-State Advertising State Registration Law Conformance
the two obligations are in tension (competesWith)
the yielding obligation gives way only under (defeasibleUnder):
- Sit4-BusinessCard-StateB-SocialDistribution
- Sit4-ThirdPartyRedistribution-StateC
Open tensions recorded without a resolution:
Engineer A Situation 1 Physical Address Omission Ethics Violation vs Engineer A Situation 1 Qualifications Non-Misrepresentation Business Card
Engineer A Situation 3 Non-Engineering Services Scope Maintenance State B vs Engineer A Situation 3 Office-Licensure Differentiation Business Card
Engineer A Situation 4 Social Context Non-Violation Recognition vs Engineer D Situation 4 Secondhand Information Complaint Filing Restraint
What the board concluded
- Situation 1. Engineer A's actions were not consistent with the NSPE Code of Ethics.
- Situation 2. Engineer A's actions were consistent with the NSPE Code of Ethics.
- Situation 3. Engineer A's actions were consistent with the NSPE Code of Ethics.
How comparable cases resolved the same tension
Engineer A Multi-State Advertising State Registration Law Conformance yields to Business Development Representative Firm Licensure Prerequisite Ethical Activity. The yielding obligation ("Engineer A Multi-State Advertising State Registration Law Conformance") recurs across cases; the obligation that overrides it and the context under which it yields differ case by case. This is the case-law move: not a single rule, but a family of context-indexed resolutions.
| Case | Obligation that prevailed | Yielding obligation | Context (defeasibleUnder) |
|---|---|---|---|
|
23-1
Competence in Design Services
|
Engineer B Domain-Specific Competence Verification Rural Roadway Contract | County A Competitive Procurement Fairness Local Advertisement Policy | Public Safety at Risk - Deficient Roadway Design |
|
15-12
Engineer’s Obligation to Consider Feasible Options
|
Creative Third Path Solution Exploration Engineer A Route | Eminent Domain Availability Disclosure Engineer A State Route | Farmhouse Owner Refusal — Third-Party Property Rights; Historic Farmhouse Third-Party Impact |
|
14-8
Obligation to Former Employer and Former...
|
Confidentiality Obligation — Engineer A Former Employer and Client Technical Information | Faithful Agent Duty — Engineer A to State Employer | Engineer A Conflict of Interest — Cross-Side Employment; Engineer A Cross-Side Employment Transition; Engineer A Prior Specialized Knowledge Participation Bar — Water Rights Proceeding |
|
22-4
Duty to Report Misconduct
|
Engineer Doe Post-Termination Environmental Regulatory Reporting | Multi-Jurisdiction Ethics Review Obligation Engineer A Both States | Engineer A Multi-Jurisdiction Rule Stringency Differential |
|
98-4
Expert Witness Testimony - Serving...
|
Engineer A Unrelated Matter Adverse Forensic Engagement Permissibility Assertion in ABC Manufacturing Product Liability Matter | Engineer A Switching Sides Prohibition Non-Application Recognition Unrelated Product Liability Matter | Unrelated Matters Factual Separation Across Three Engagements |