Obligation-Conflict Resolution

Case 88-6 (1988) · Whistleblowing - City Engineer

Case Precedents

How this case resolved it competition structure in OntServe

Engineer A Project Withdrawal Duty prevails over Engineer A 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):

Loyalty Versus Public Protection Conflict

Engineer A Proper Authority Reporting Duty prevails over Engineer A 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):

Loyalty Versus Public Protection Conflict

Open tensions recorded without a resolution: Engineer A Faithful Agent Duty vs Engineer A Public Safety Duty

What the board concluded

From the Board's conclusions in Case 88-6:

Engineer A did not fulfill her ethical obligations by informing the City Administrator and certain members of the city council of her concerns.

Recorded violations: Failure to Report Externally violates Engineer A Public Safety Duty Covert Advisory Continuation violates Engineer A Authority Circumvention Reporting Duty Failure to Report Externally violates Engineer A Proper Authority Reporting Duty Covert Advisory Continuation violates Engineer A Project Withdrawal Duty

How comparable cases resolved this and related tensions

Read at the type level, this resolution is: Faithful Agent Obligation yields to Safety Withdrawal and Notification 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 (5)
24-1 Balancing Client Directives and Public...	Safety Obligation	Faithful Agent Obligation	Same tension, resolved the same way
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
92-6 Public Welfare - Hazardous Waste	Safety Obligation	Faithful Agent Obligation	Same tension, resolved the same way
97-13 Duty To Report Unrelated Information...	Faithful Agent Obligation	Safety Obligation	Same tension, resolved the opposite way
Related tension: one duty type matches (13)
24-5 Sustainable Development and Resilient...	Faithful Agent Obligation	Professional Accountability 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
08-10 Public Welfare—Design of Medical Equipment	Faithful Agent Obligation	Reporting 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
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
89-7 Duty To Report Safety Violations	Safety Obligation	Confidentiality Obligation	The prevailing type here also prevails there, over a different duty
18-9 Public Health and Safety—Building Codes to...	Safety Obligation	Proactive Risk Disclosure 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)
89-7 Duty To Report Safety Violations	Engineer A Authority Notification Duty	Engineer A Faithful Agent Duty	Code Exception Disclosure Release
24-1 Balancing Client Directives and Public...	Engineer L Watershed Safety Duty	Engineer L Faithful Agent Duty	Public Safety Faithful Agent Conflict
76-4 Public Welfare - Knowledge of Information...	Engineer Doe Authority Reporting Duty	Engineer Doe Faithful Agent Duty	No Written Report Directive
82-2 Confidentiality of Engineering Report	Engineer A Client Confidentiality Duty	Engineer A Faithful Agent Duty	Engineer A Good Faith Assumption; Report Copy Sent to Realty Firm
96-8 Peer Review - Confidentiality Agreements	Engineer A Authority Cooperation Duty	Engineer A Confidentiality Duty	Confidentiality Versus Cooperation Dilemma