Obligation-Conflict Resolution

Case 90-5 (1990) · Failure To Report Information Affecting Public Safety

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 Imminent Danger Notification Duty prevails over Engineer A Confidentiality Duty
the two obligations are in tension (competesWith)
the yielding obligation gives way only under (defeasibleUnder):
  • Safety Endangerment Confidentiality Release
Engineer A Tenant Safety Duty prevails over Engineer A Confidentiality Duty
the two obligations are in tension (competesWith)
the yielding obligation gives way only under (defeasibleUnder):
  • Safety Endangerment Confidentiality Release
What the board concluded
  • It was unethical for Engineer A to not report the information directly to the tenants and public authorities.
Recorded violations: Confidentiality Compliance violates Engineer A Tenant Safety Duty Confidentiality Compliance violates Engineer A Imminent Danger Notification Duty
How comparable cases resolved this and related tensions

Read at the type level, this resolution is: Confidentiality Obligation yields to Reporting 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)
89-7
Duty To Report Safety Violations
Reporting Obligation Confidentiality Obligation Same tension, resolved the same way
96-8
Peer Review - Confidentiality Agreements
Reporting Obligation Confidentiality Obligation Same tension, resolved the same way
Related tension: one duty type matches (9)

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

Case Obligation that prevailed Yielding obligation Context (defeasibleUnder)
89-7
Duty To Report Safety Violations
Engineer A Safety Violation Reporting Duty Engineer A Confidentiality Duty Code Exception Disclosure Release
96-8
Peer Review - Confidentiality Agreements
Engineer A Public Safety Duty Engineer A Confidentiality Duty Confidentiality Versus Cooperation Dilemma
21-2
Public Health, Safety, and ...
Engineer A Public Safety Duty Beyond Law Engineer A Design Compliance Duty Outdated Climate Design Standards