Obligation-Conflict Resolution

Case 20-4 (2020) · Public Health, Safety, and Welfare—Drinking Water Quality

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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Engineer B Post-Override Regulatory Reporting prevails over Engineer B Faithful Agent Boundary
the two obligations are in tension (competesWith)
the yielding obligation gives way only under (defeasibleUnder):
  • MWC Override of Engineers A and B
Engineer A Post-Override Regulatory Reporting prevails over Engineer A Faithful Agent Boundary
the two obligations are in tension (competesWith)
the yielding obligation gives way only under (defeasibleUnder):
  • MWC Override of Engineers A and B
What the board concluded
  • In fulfillment of their ethical obligations under the Code, Engineers A and B should formally communicate their concerns to the MWC, including that they believe the project will not be successful.
  • Both Engineers A and B have ethical obligations to notify the MWC and other appropriate authorities that prematurely changing the water source puts the public health and safety at risk.
How comparable cases resolved the same tension

A faithful-agent duty yields to a public-protection obligation. The yielding obligation ("Faithful Agent") recurs across cases; the obligation that overrides it and the context under which it yields differ case by case. This is the case-law move: not a single rule, but a family of context-indexed resolutions.

Case Obligation that prevailed Yielding obligation Context (defeasibleUnder)
24-01
Balancing Client Directives and Public...
Engineer L Client Override Regulatory Report Engineer L Faithful Agent Boundary Engineer L Confirmed Risk Without Safeguards; Engineer L Resource Constrained Client
Engineer L Client Budget Pressure Refusal Engineer L Faithful Agent Boundary Engineer L Confirmed Risk Without Safeguards; Engineer L Resource Constrained Client
95-5
Failure To Include Information In...
Engineer B Expert Witness Neutrality Engineer B Faithful Agent Boundary Engineer B Adversarial Engagement; Engineer B Client Defense Bias
Engineer B Complete Technical Reporting Engineer B Faithful Agent Boundary Engineer B Adversarial Engagement; Engineer B Client Defense Bias
04-8
Public Welfare—Client Action Following...
Engineer A Safety Obligation Wetland Fill Engineer A Faithful Agent Limits Wetland Engineer A Confirmed Environmental Risk; Engineer A Faithful Agent Duty Conflict
Engineer A Wetland Confidentiality Limits Engineer A Faithful Agent Limits Wetland Engineer A Confirmed Environmental Risk; Engineer A Faithful Agent Duty Conflict