Obligation-Conflict Resolution
Case 96-8 (1996) · Peer Review - Confidentiality Agreements
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
Featured
Engineer A Authority Cooperation Duty
prevails over
Engineer A Confidentiality Duty
the two obligations are in tension (competesWith)
the yielding obligation gives way only under (defeasibleUnder):
- Confidentiality Versus Cooperation Dilemma
Engineer A Public Safety Duty
prevails over
Engineer A Confidentiality Duty
the two obligations are in tension (competesWith)
the yielding obligation gives way only under (defeasibleUnder):
- Confidentiality Versus Cooperation Dilemma
What the board concluded
- If Engineer A determines that Engineer B’s work is or may be in violation of state and local safety requirements and endangers public health, safety and welfare, the appropriate action is for Engineer A to immediately discuss these issues with Engineer B in an effort to seek clarification and early resolution of this issue. If Engineer A and Engineer B are unable to resolve the issue, Engineer...
Recorded violations:
Design Work Execution violates Engineer A Public Safety 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 |
|
90-5
Failure To Report Information Affecting...
|
Reporting Obligation | Confidentiality Obligation | Same tension, resolved the same way |
| Related tension: one duty type matches (9) | |||
|
82-2
Confidentiality of Engineering Report
|
Confidentiality Obligation | Faithful Agent Obligation | The yielding type here prevails there |
|
17-3
Public Health, Safety and...
|
Reporting Obligation | Reporting Obligation | The prevailing type here yields there |
|
17-3
Public Health, Safety and...
|
Proactive Risk Disclosure 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 |
|
89-7
Duty To Report Safety Violations
|
Safety Obligation | Confidentiality Obligation | The yielding type here also yields there, to a different duty |
|
90-5
Failure To Report Information Affecting...
|
Safety Obligation | Confidentiality Obligation | The yielding type here also yields there, to 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) |
|---|---|---|---|
|
90-5
Failure To Report Information Affecting...
|
Engineer A Tenant Safety Duty | Engineer A Confidentiality Duty | Safety Endangerment Confidentiality Release |
|
89-7
Duty To Report Safety Violations
|
Engineer A Safety Precedence Duty | Engineer A Confidentiality Duty | Code Exception Disclosure Release |
|
88-6
Whistleblowing - City Engineer
|
Engineer A Proper Authority Reporting Duty | Engineer A Faithful Agent Duty | Loyalty Versus Public Protection Conflict |
|
22-2
Sharing As-Built Drawings
|
Engineer D Formal Sharing Channel Duty | Engineer D Faithful Agent Duty | Informal As-Built Sharing Impropriety Appearance; Pre-Bid Selective Sharing Award Risk |
|
18-9
Public Health and Safety—Building Codes to...
|
Engineer A Public Safety Duty | Engineer A Client Persuasion Duty | Client Duty Versus Public Safety Conflict; Owner Cost Based Refusal |