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
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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 the same tension

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.

Case Prevailing type Yielding type Relation to this case
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
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...
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
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
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
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
92-6
Public Welfare - Hazardous Waste
Engineer B Paramount Public Welfare Duty Engineer B Faithful Agent Duty Client Business Relationship Conflict