Obligation-Conflict Resolution

Case 24-1 (2024) · Balancing Client Directives and Public Welfare: Stormwater Management Dilemma

Case Precedents

How this case resolved it competition structure in OntServe

Engineer L Watershed Safety Duty prevails over Engineer L Faithful Agent Duty

the two obligations are in tension (competesWith)

this resolution as a triple in OntServe

the yielding obligation gives way only under (defeasibleUnder):

Public Safety Faithful Agent Conflict

What the board concluded

From the Board's conclusions in Case 24-1:

It was not unethical for Engineer L to cease work when requested by Client X, without voicing concern about unquantified increased risk. Later, Engineer L did comply with Code provisions that require engineers to notify their employers or clients if a project will not be successful.
It would not be ethical for Engineer L to continue working on Client X’s project when Client X refuses to invest in the protective measures identified by Engineer L. Continuing to work on the project after concerns about runoff were quantified would in effect mean Engineer L was placing the clients’ financial interest above the engineer’s paramount obligation to the public health, safety, and...

How comparable cases resolved this and related tensions

Read at the type level, this resolution is: Faithful Agent Obligation yields to Safety 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 (8)
76-4 Public Welfare - Knowledge of Information...	Safety Obligation	Faithful Agent Obligation	Same tension, resolved the same way
89-7 Duty To Report Safety Violations	Safety Obligation	Faithful Agent Obligation	Same tension, resolved the same way
88-6 Whistleblowing - City Engineer	Safety Withdrawal and Notification Obligation	Faithful Agent Obligation	Same tension, resolved the same way
92-6 Public Welfare - Hazardous Waste	Safety Obligation	Faithful Agent Obligation	Same tension, resolved the same way
24-5 Sustainable Development and Resilient...	Faithful Agent Obligation	Professional Accountability Obligation	Same tension, resolved the opposite way
97-13 Duty To Report Unrelated Information...	Faithful Agent Obligation	Safety Obligation	Same tension, resolved the opposite way
93-3 Appropriate Notification And Review Of...	Faithful Agent Obligation	Peer Review Cooperation Obligation	Same tension, resolved the opposite way
85-4 Objectivity of Engineer Retained as Expert	Faithful Agent Obligation	Objectivity Obligation	Same tension, resolved the opposite way
Related tension: one duty type matches (16)
08-10 Public Welfare—Design of Medical Equipment	Faithful Agent Obligation	Reporting Obligation	The yielding type here prevails there
23-4 Acknowledging Errors in Design	Objectivity Obligation	Professional Accountability Obligation	The prevailing type here yields there
18-9 Public Health and Safety—Building Codes to...	Safety Obligation	Proactive Risk Disclosure Obligation	The prevailing type here yields there
18-9 Public Health and Safety—Building Codes to...	Safety Obligation	Safety Withdrawal and Notification Obligation	The prevailing type here yields there
22-2 Sharing As-Built Drawings	Disclosure Obligation	Faithful Agent 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 yielding type here also yields there, to a different duty
89-7 Duty To Report Safety Violations	Reporting 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
17-3 Public Health, Safety and...	Proactive Risk Disclosure Obligation	Reporting Obligation	The prevailing type here also prevails there, over a different duty
98-5 Public Health And Safety - Code Enforcement	Public Safety Obligation	Competence Obligation	The prevailing type here also prevails there, over a different duty
89-7 Duty To Report Safety Violations	Safety Obligation	Confidentiality Obligation	The prevailing type here also prevails there, over a different duty
21-2 Public Health, Safety, and ...	Future Conditions Consideration Obligation	Legal Obligation	The prevailing type here also prevails there, over a different duty
21-2 Public Health, Safety, and ...	Public Safety Obligation	Legal Obligation	The prevailing type here also prevails there, over a different duty
93-8 Use Of Broad Indemnification Clause For...	Professional Accountability Obligation	Legal Obligation	The prevailing type here also prevails there, over a different duty
90-5 Failure To Report Information Affecting...	Safety Obligation	Confidentiality Obligation	The prevailing type here also prevails there, over a different duty
96-8 Peer Review - Confidentiality Agreements	Safety 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)
88-6 Whistleblowing - City Engineer	Engineer A Proper Authority Reporting Duty	Engineer A Faithful Agent Duty	Loyalty Versus Public Protection Conflict
89-7 Duty To Report Safety Violations	Engineer A Safety Precedence Duty	Engineer A Faithful Agent Duty	Code Exception Disclosure Release
92-6 Public Welfare - Hazardous Waste	Engineer B Paramount Public Welfare Duty	Engineer B Faithful Agent Duty	Client Business Relationship Conflict
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
76-4 Public Welfare - Knowledge of Information...	Engineer Doe Authority Reporting Duty	Engineer Doe Faithful Agent Duty	No Written Report Directive