Obligation-Conflict Resolution

Case 23-4 (2023) · Acknowledging Errors in Design

Case Precedents

How this case resolved it competition structure in OntServe

Engineer T Truthful Testimony Duty prevails over Engineer T Error Acknowledgment Duty

the two obligations are in tension (competesWith)

this resolution as a triple in OntServe

the yielding obligation gives way only under (defeasibleUnder):

Unresolved Design Error Question

What the board concluded

From the Board's conclusions in Case 23-4:

It was ethical for Engineer T and Engineer B to conclude no error had been made in design, based on review and analysis of the facts from both from a legal/contractual perspective and from an ethical perspective. Engineer T’s design approach represented professional practice consistent with the standard of care.
It was ethical for Engineer T not to acknowledge an error after the accident occurred because there was no error. However, based on hindsight, other ways to approach the project may have prevented the accident and worker injury, and this was a missed opportunity to hold paramount the public safety, health, and welfare. Engineer T is encouraged to share this hard “lesson learned” as part of...
It was ethical for Engineer T to refrain from acknowledging an error during the deposition because there was no error. Engineer T should respond clearly and honestly when questioned about the project, including views on alternative design approaches vis-à-vis the public safety, health, and welfare, but should not characterize the work as a design error.

How comparable cases resolved this and related tensions

Read at the type level, this resolution is: Professional Accountability Obligation yields to Objectivity 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)
93-8 Use Of Broad Indemnification Clause For...	Professional Accountability Obligation	Legal Obligation	Same tension, resolved the opposite way
85-3 P.E. Requirement for County Surveyor Position	Competence Obligation	Legal Obligation	Same tension, resolved the opposite way
Related tension: one duty type matches (26)
24-1 Balancing Client Directives and Public...	Safety Obligation	Faithful Agent Obligation	The yielding type here prevails there
76-4 Public Welfare - Knowledge of Information...	Safety Obligation	Faithful Agent Obligation	The yielding type here prevails there
89-7 Duty To Report Safety Violations	Safety Obligation	Faithful Agent Obligation	The yielding type here prevails there
89-7 Duty To Report Safety Violations	Safety Obligation	Confidentiality Obligation	The yielding type here prevails there
18-9 Public Health and Safety—Building Codes to...	Safety Obligation	Proactive Risk Disclosure Obligation	The yielding type here prevails there
18-9 Public Health and Safety—Building Codes to...	Safety Obligation	Safety Withdrawal and Notification Obligation	The yielding type here prevails there
90-5 Failure To Report Information Affecting...	Safety Obligation	Confidentiality Obligation	The yielding type here prevails there
92-6 Public Welfare - Hazardous Waste	Safety Obligation	Faithful Agent Obligation	The yielding type here prevails there
96-8 Peer Review - Confidentiality Agreements	Safety Obligation	Confidentiality 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
21-2 Public Health, Safety, and ...	Future Conditions Consideration Obligation	Legal Obligation	The prevailing type here yields there
21-2 Public Health, Safety, and ...	Public Safety Obligation	Legal Obligation	The prevailing type here yields there
97-13 Duty To Report Unrelated Information...	Faithful Agent Obligation	Safety 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
85-3 P.E. Requirement for County Surveyor Position	Ethical Conduct Obligation	Legal Obligation	The prevailing type here yields there
85-4 Objectivity of Engineer Retained as Expert	Faithful Agent Obligation	Objectivity Obligation	The prevailing type here yields there
24-5 Sustainable Development and Resilient...	Faithful Agent Obligation	Professional Accountability Obligation	The yielding type here also yields there, to a different duty
98-5 Public Health And Safety - Code Enforcement	Public Safety Obligation	Competence Obligation	The yielding type here also yields there, to a different duty
22-2 Sharing As-Built Drawings	Disclosure Obligation	Faithful Agent Obligation	The prevailing type here also prevails there, over 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
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

No other committed case closely matches this exact pair of obligations yet.