How this case resolved it competition structure in OntServe
- Limited Pollution Insurance Availability
- 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.
How comparable cases resolved this and related tensions
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. 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) | |||
|
85-3
P.E. Requirement for County Surveyor Position
|
Competence Obligation | Legal Obligation | Same tension, resolved the same way |
|
23-4
Acknowledging Errors in Design
|
Objectivity Obligation | Professional Accountability Obligation | Same tension, resolved the opposite way |
| Related tension: one duty type matches (16) | |||
|
24-5
Sustainable Development and Resilient...
|
Faithful Agent Obligation | Professional Accountability Obligation | The prevailing type here yields there |
|
98-5
Public Health And Safety - Code Enforcement
|
Public Safety Obligation | Competence 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 |
|
21-2
Public Health, Safety, and ...
|
Future Conditions Consideration Obligation | Legal Obligation | The yielding type here also yields there, to a different duty |
|
21-2
Public Health, Safety, and ...
|
Public Safety 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 |
|
85-4
Objectivity of Engineer Retained as Expert
|
Faithful Agent Obligation | Objectivity Obligation | The yielding type here also yields there, to a different duty |
|
24-1
Balancing Client Directives and Public...
|
Safety Obligation | Faithful Agent Obligation | The prevailing type here also prevails there, over a different duty |
|
76-4
Public Welfare - Knowledge of Information...
|
Safety Obligation | Faithful Agent Obligation | The prevailing type here also prevails there, over a different duty |
|
89-7
Duty To Report Safety Violations
|
Safety Obligation | Faithful Agent 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 |
|
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 |
|
18-9
Public Health and Safety—Building Codes to...
|
Safety Obligation | Safety Withdrawal and Notification 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 |
|
92-6
Public Welfare - Hazardous Waste
|
Safety Obligation | Faithful Agent 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) |
|---|---|---|---|
|
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 |
|
90-5
Failure To Report Information Affecting...
|
Engineer A Tenant Safety Duty | Engineer A Confidentiality Duty | Safety Endangerment Confidentiality Release |