Obligation-Conflict Resolution

Case 60-3 (1960) · Case Number 60-3

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
Featured
PE Firm Sub-Professional Bid Competitive Bidding Rationale-Scope Permissibility prevails over PE Firm Ethics Code Scope Non-Application to Sub-Professional Bid
the yielding obligation gives way only under (defeasibleUnder):
  • Engineering Code Non-Applicability to Sub-Professional Activities
PE Firm Sub-Professional Bid Honest Representations prevails over PE Firm Sub-Professional Bid PE Credential Non-Exploitation
the yielding obligation gives way only under (defeasibleUnder):
  • Free Competition Framework Governing Sub-Professional Bid
PE Firm Sub-Professional Bid Ethics Code Persistence prevails over PE Firm Ethics Code Scope Non-Application to Sub-Professional Bid
the two obligations are in tension (competesWith)
the yielding obligation gives way only under (defeasibleUnder):
  • Engineering Code Non-Applicability to Sub-Professional Activities
PE Firm Sub-Professional Bid Identity Transparency prevails over PE Firm Sub-Professional Bid PE Credential Non-Exploitation
the two obligations are in tension (competesWith)
the yielding obligation gives way only under (defeasibleUnder):
  • Free Competition Framework Governing Sub-Professional Bid
Open tensions recorded without a resolution: PE Firm Ethics Code Scope Non-Application to Sub-Professional Bid vs PE Firm Professional Dignity Preservation in Sub-Professional Commercial Activities PE Firm Mixed-Practice Work Category Segregation and Client Transparency vs PE Firm Sub-Professional Bid Competitive Bidding Rationale-Scope Permissibility PE Firm Sub-Professional Bid Competitive Bidding Rationale-Scope Permissibility vs PE Firm Sub-Professional Bid Ethics Code Persistence
What the board concluded
  • The provisions of the Canons and Rules do not apply to services solely of a sub-professional nature.