Obligation-Conflict Resolution

Case 85-4 (1985) · Objectivity of Engineer Retained as Expert

Case Precedents

How this case resolved it competition structure in OntServe

Engineer A Former Client Loyalty Duty prevails over Engineer A Objectivity Duty

the two obligations are in tension (competesWith)

this resolution as a triple in OntServe

the yielding obligation gives way only under (defeasibleUnder):

Engineer A Successive Adverse Retention Conflict

What the board concluded

From the Board's conclusions in Case 85-4:

It was unethical for Engineer A to agree to provide a separate engineering and safety analysis report.

Recorded violations: Failure to Consult Former Client violates Engineer A Former Client Loyalty Duty Adverse Party Engagement Acceptance violates Engineer A Former Client Confidentiality Duty

How comparable cases resolved this and related tensions

Read at the type level, this resolution is: Objectivity Obligation yields to Faithful Agent 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 (9)
97-13 Duty To Report Unrelated Information...	Faithful Agent Obligation	Safety Obligation	Same tension, resolved the same way
08-10 Public Welfare—Design of Medical Equipment	Faithful Agent Obligation	Reporting Obligation	Same tension, resolved the same way
24-1 Balancing Client Directives and Public...	Safety Obligation	Faithful Agent Obligation	Same tension, resolved the opposite way
22-2 Sharing As-Built Drawings	Disclosure Obligation	Faithful Agent Obligation	Same tension, resolved the opposite way
76-4 Public Welfare - Knowledge of Information...	Safety Obligation	Faithful Agent Obligation	Same tension, resolved the opposite way
76-4 Public Welfare - Knowledge of Information...	Reporting Obligation	Faithful Agent Obligation	Same tension, resolved the opposite way
89-7 Duty To Report Safety Violations	Safety Obligation	Faithful Agent Obligation	Same tension, resolved the opposite way
89-7 Duty To Report Safety Violations	Reporting Obligation	Faithful Agent Obligation	Same tension, resolved the opposite way
92-6 Public Welfare - Hazardous Waste	Safety Obligation	Faithful Agent Obligation	Same tension, resolved the opposite way
Related tension: one duty type matches (21)
23-4 Acknowledging Errors in Design	Objectivity Obligation	Professional Accountability Obligation	The yielding type here prevails there
17-3 Public Health, Safety and...	Reporting Obligation	Reporting Obligation	The yielding type here prevails there
89-7 Duty To Report Safety Violations	Safety Obligation	Confidentiality Obligation	The yielding type here prevails there
89-7 Duty To Report Safety Violations	Reporting Obligation	Confidentiality Obligation	The yielding type here prevails there
18-9 Public Health and Safety—Building Codes to...	Safety Obligation	Proactive Risk Disclosure Obligation	The yielding type here prevails there
18-9 Public Health and Safety—Building Codes to...	Safety Obligation	Safety Withdrawal and Notification Obligation	The yielding type here prevails there
90-5 Failure To Report Information Affecting...	Reporting Obligation	Confidentiality Obligation	The yielding type here prevails there
90-5 Failure To Report Information Affecting...	Safety Obligation	Confidentiality Obligation	The yielding type here prevails there
96-8 Peer Review - Confidentiality Agreements	Reporting Obligation	Confidentiality Obligation	The yielding type here prevails there
96-8 Peer Review - Confidentiality Agreements	Safety Obligation	Confidentiality Obligation	The yielding type here prevails there
88-6 Whistleblowing - City Engineer	Safety Withdrawal and Notification Obligation	Faithful Agent Obligation	The prevailing type here yields there
82-2 Confidentiality of Engineering Report	Confidentiality Obligation	Faithful Agent Obligation	The prevailing type here yields there
17-3 Public Health, Safety and...	Proactive Risk Disclosure Obligation	Reporting Obligation	The yielding type here also yields there, to a different duty
21-2 Public Health, Safety, and ...	Future Conditions Consideration Obligation	Legal Obligation	The yielding type here also yields there, to a different duty
21-2 Public Health, Safety, and ...	Public Safety Obligation	Legal Obligation	The yielding type here also yields there, to a different duty
93-8 Use Of Broad Indemnification Clause For...	Professional Accountability Obligation	Legal Obligation	The yielding type here also yields there, to a different duty
08-10 Public Welfare—Design of Medical Equipment	Internal Escalation Obligation	Reporting Obligation	The yielding type here also yields there, to a different duty
85-3 P.E. Requirement for County Surveyor Position	Competence Obligation	Legal Obligation	The yielding type here also yields there, to a different duty
85-3 P.E. Requirement for County Surveyor Position	Ethical Conduct Obligation	Legal Obligation	The yielding type here also yields there, to a different duty
24-5 Sustainable Development and Resilient...	Faithful Agent Obligation	Professional Accountability Obligation	The prevailing type here also prevails there, over a different duty
93-3 Appropriate Notification And Review Of...	Faithful Agent Obligation	Peer Review Cooperation 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)
82-2 Confidentiality of Engineering Report	Engineer A Client Confidentiality Duty	Engineer A Faithful Agent Duty	Engineer A Good Faith Assumption; Report Copy Sent to Realty Firm