Obligation-Conflict Resolution

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

Case Precedents

How this case resolved it competition structure in OntServe

Engineer A Imminent Danger Notification Duty prevails over Engineer A Confidentiality Duty

the two obligations are in tension (competesWith)

this resolution as a triple in OntServe

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)

this resolution as a triple in OntServe

the yielding obligation gives way only under (defeasibleUnder):

Safety Endangerment Confidentiality Release

What the board concluded

From the Board's conclusions in Case 90-5:

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 (12)
82-2 Confidentiality of Engineering Report	Confidentiality Obligation	Faithful Agent Obligation	The yielding type here prevails there
17-3 Public Health, Safety and...	Proactive Risk Disclosure Obligation	Reporting Obligation	The prevailing type here yields there
17-3 Public Health, Safety and...	Reporting Obligation	Reporting Obligation	The prevailing type here yields there
08-10 Public Welfare—Design of Medical Equipment	Internal Escalation Obligation	Reporting Obligation	The prevailing type here yields there
08-10 Public Welfare—Design of Medical Equipment	Faithful Agent Obligation	Reporting Obligation	The prevailing type here yields there
85-4 Objectivity of Engineer Retained as Expert	Faithful Agent Obligation	Objectivity Obligation	The prevailing type here yields there
89-7 Duty To Report Safety Violations	Safety Obligation	Confidentiality Obligation	The yielding type here also yields there, to a different duty
93-3 Appropriate Notification And Review Of...	Faithful Agent Obligation	Peer Review Cooperation Obligation	The yielding type here also yields there, to a different duty
96-8 Peer Review - Confidentiality Agreements	Safety Obligation	Confidentiality Obligation	The yielding type here also yields there, to a different duty
23-4 Acknowledging Errors in Design	Objectivity Obligation	Professional Accountability Obligation	The prevailing type here also prevails there, over a different duty
76-4 Public Welfare - Knowledge of Information...	Reporting Obligation	Faithful Agent Obligation	The prevailing type here also prevails there, over a different duty
89-7 Duty To Report Safety Violations	Reporting Obligation	Faithful Agent 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)
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