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
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Current Case Engineer A Tenant Direct Notification Imminent Structural Danger
prevails over
Engineer A Confidentiality Non-Override Imminent Structural Safety Compliance Failure
the two obligations are in tension (competesWith)
the yielding obligation gives way only under (defeasibleUnder):
- Attorney Confidentiality Instruction Over Immediate Safety Findings
- Current Case: Public Safety at Risk — Imminent Structural Danger to Tenants
- Immediate Structural Threat to Tenant Safety
Current Case Engineer A Forensic Expert Non-Advocate Objectivity Compliance Failure
prevails over
Engineer A Confidentiality Non-Override Imminent Structural Safety Compliance Failure
the two obligations are in tension (competesWith)
the yielding obligation gives way only under (defeasibleUnder):
- Attorney Confidentiality Instruction Over Immediate Safety Findings
- Current Case: Public Safety at Risk — Imminent Structural Danger to Tenants
- Immediate Structural Threat to Tenant Safety
Current Case Engineer A Section II.1.c. Exception Clause Activation
prevails over
Engineer A Confidentiality Non-Override Imminent Structural Safety Compliance Failure
the two obligations are in tension (competesWith)
the yielding obligation gives way only under (defeasibleUnder):
- Attorney Confidentiality Instruction Over Immediate Safety Findings
- Current Case: Public Safety at Risk — Imminent Structural Danger to Tenants
- Immediate Structural Threat to Tenant Safety
BER-82-2 Engineer A Client Confidentiality Breach Without Prior Consent
prevails over
BER-82-2 Engineer A Unauthorized Home Inspection Report Disclosure to Real Estate Firm
the two obligations are in tension (competesWith)
the yielding obligation gives way only under (defeasibleUnder):
- BER 82-2: Confidential Information Held — Home Inspection Findings
Engineer A Client Safety Violation Insistence Withdrawal Failure Attorney Confidentiality
prevails over
Engineer A Passive Acquiescence Attorney Confidentiality Independent Ethical Failure
the two obligations are in tension (competesWith)
the yielding obligation gives way only under (defeasibleUnder):
- Immediate Structural Threat to Tenant Safety
Current Case Engineer A Attorney-Directed Confidentiality Non-Override Imminent Tenant Safety
prevails over
Engineer A Confidentiality Non-Override Imminent Structural Safety Compliance Failure
the two obligations are in tension (competesWith)
the yielding obligation gives way only under (defeasibleUnder):
- Attorney Confidentiality Instruction Over Immediate Safety Findings
- Current Case: Public Safety at Risk — Imminent Structural Danger to Tenants
- Immediate Structural Threat to Tenant Safety
Current Case Engineer A Licensure-Grounded Superior Knowledge Public Safety Duty
prevails over
Engineer A Confidentiality Non-Override Imminent Structural Safety Compliance Failure
the two obligations are in tension (competesWith)
the yielding obligation gives way only under (defeasibleUnder):
- Attorney Confidentiality Instruction Over Immediate Safety Findings
- Current Case: Public Safety at Risk — Imminent Structural Danger to Tenants
- Immediate Structural Threat to Tenant Safety
BER-84-5 Engineer A Cost-Pressure Safety Recommendation Abandonment
prevails over
BER-84-5 Engineer A Passive Acquiescence to Client Cost-Driven Safety Override
the two obligations are in tension (competesWith)
the yielding obligation gives way only under (defeasibleUnder):
- BER 84-5: Client Cost-Driven Rejection of On-Site Safety Representative
- BER 84-5: Public Safety at Risk from Dangerous Construction Without Oversight
Current Case Engineer A Public Authority Notification Imminent Structural Danger
prevails over
Engineer A Attorney Confidentiality Compliance Imminent Tenant Safety Violation
the two obligations are in tension (competesWith)
the yielding obligation gives way only under (defeasibleUnder):
- Immediate Structural Threat to Tenant Safety
Open tensions recorded without a resolution:
Current Case Engineer A Attorney-Directed Confidentiality Non-Override Imminent Tenant Safety vs Current Case Engineer A Confidentiality Scope Limitation Public Danger Disclosure
Current Case Engineer A Competing Confidentiality-Safety Provision Contextual Balancing vs Engineer A Confidentiality Non-Override Imminent Structural Safety Compliance Failure
Engineer A Confidentiality Non-Override Imminent Structural Safety Compliance Failure vs Engineer A Forensic Expert Non-Advocate Objectivity Suppression Violation
What the board concluded
- It was unethical for Engineer A to not report the information directly to the tenants and public authorities.