Obligation-Conflict Resolution
Case 93-8 (1993) · Use Of Broad Indemnification Clause For Pollution Services
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 competition structure in OntServe
Featured
Engineer A Liability Protection Duty
prevails over
Client Indemnification Duty
the two obligations are in tension (competesWith)
the yielding obligation gives way only under (defeasibleUnder):
- Limited Pollution Insurance Availability
Engineer A Responsibility Acceptance Duty
prevails over
Client Indemnification Duty
the two obligations are in tension (competesWith)
the yielding obligation gives way only under (defeasibleUnder):
- Limited Pollution Insurance Availability
What the board concluded
- It would not be ethical for Engineer A to continue to require a broad indemnification provision in all of his agreements where he provides pollution-related services. Engineer A should tailor the indemnification agreement to accept reasonable liability and consider current availability of professional liability insurance as appropriate to the project.
Recorded violations:
Continued Indemnification Requirement violates Engineer A Liability Protection Duty
Continued Indemnification Requirement violates Engineer A Responsibility Acceptance Duty
How comparable cases resolved the same tension
Read at the type level, this resolution is: Legal Obligation yields to Professional Accountability Obligation. Comparison across cases happens at this level; the duty types recur while each case's obligations instantiate them.
| Case | Prevailing type | Yielding type | Relation to this case |
|---|---|---|---|
|
24-5
Sustainable Development and Resilient...
|
Faithful Agent Obligation | Professional Accountability Obligation | The prevailing type here yields there |
|
23-4
Acknowledging Errors in Design
|
Objectivity Obligation | Professional Accountability Obligation | The prevailing type here yields there |
|
21-2
Public Health, Safety, and ...
|
Public Safety Obligation | Legal Obligation | The yielding type here also yields there, to a different duty |
|
21-2
Public Health, Safety, and ...
|
Future Conditions Consideration Obligation | Legal Obligation | The yielding type here also yields there, to a different duty |
|
85-3
P.E. Requirement for County Surveyor Position
|
Competence Obligation | Legal Obligation | The yielding type here also yields there, to a different duty |
|
85-3
P.E. Requirement for County Surveyor Position
|
Ethical Conduct Obligation | Legal Obligation | The yielding type here also yields there, to 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) |
|---|---|---|---|
|
90-5
Failure To Report Information Affecting...
|
Engineer A Tenant Safety Duty | Engineer A Confidentiality Duty | Safety Endangerment Confidentiality Release |