Obligation-Conflict Resolution
Case 76-4 (1976) · Public Welfare - Knowledge of Information Damaging to Client's Interest
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 Doe Authority Reporting Duty
prevails over
Engineer Doe Faithful Agent Duty
the two obligations are in tension (competesWith)
the yielding obligation gives way only under (defeasibleUnder):
- No Written Report Directive
Engineer Doe Paramount Public Duty
prevails over
Engineer Doe Faithful Agent Duty
the two obligations are in tension (competesWith)
the yielding obligation gives way only under (defeasibleUnder):
- No Written Report Directive
What the board concluded
- Doe has an ethical obligation to report his findings to the authority upon learning of the hearing.
How comparable cases resolved this and related tensions
Read at the type level, this resolution is: Faithful Agent 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 | Faithful Agent Obligation | Same tension, resolved the same way |
|
08-10
Public Welfare—Design of Medical Equipment
|
Faithful Agent Obligation | Reporting Obligation | Same tension, resolved the opposite way |
| Related tension: one duty type matches (16) | |||
|
24-5
Sustainable Development and Resilient...
|
Faithful Agent Obligation | Professional Accountability Obligation | The yielding type here prevails there |
|
97-13
Duty To Report Unrelated Information...
|
Faithful Agent Obligation | Safety Obligation | The yielding type here prevails there |
|
93-3
Appropriate Notification And Review Of...
|
Faithful Agent Obligation | Peer Review Cooperation Obligation | The yielding type here prevails there |
|
85-4
Objectivity of Engineer Retained as Expert
|
Faithful Agent Obligation | Objectivity 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 |
|
24-1
Balancing Client Directives and Public...
|
Safety Obligation | Faithful Agent Obligation | The yielding type here also yields there, to a different duty |
|
22-2
Sharing As-Built Drawings
|
Disclosure Obligation | Faithful Agent Obligation | The yielding type here also yields there, to a different duty |
|
89-7
Duty To Report Safety Violations
|
Safety Obligation | Faithful Agent Obligation | The yielding type here also yields there, to a different duty |
|
88-6
Whistleblowing - City Engineer
|
Safety Withdrawaland Notification Obligation | Faithful Agent Obligation | The yielding type here also yields there, to a different duty |
|
82-2
Confidentiality of Engineering Report
|
Confidentiality Obligation | Faithful Agent Obligation | The yielding type here also yields there, to a different duty |
|
92-6
Public Welfare - Hazardous Waste
|
Safety Obligation | Faithful Agent Obligation | The yielding type here also yields there, to a different duty |
|
89-7
Duty To Report Safety Violations
|
Reporting Obligation | Confidentiality Obligation | The prevailing type here also prevails there, over a different duty |
|
90-5
Failure To Report Information Affecting...
|
Reporting Obligation | Confidentiality Obligation | The prevailing type here also prevails there, over a different duty |
|
96-8
Peer Review - Confidentiality Agreements
|
Reporting Obligation | Confidentiality 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 Authority Notification Duty | Engineer A Faithful Agent 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 |
|
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 |
|
97-13
Duty To Report Unrelated Information...
|
Engineer A Faithful Agent Duty | Engineer A Public Safety Duty | Client Report Omission Directive |
|
24-1
Balancing Client Directives and Public...
|
Engineer L Watershed Safety Duty | Engineer L Faithful Agent Duty | Public Safety Faithful Agent Conflict |