Obligation-Conflict Resolution
Case 20-1 (2020) · Job Qualifications—Disclosure of Material Fact
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
Engineer A BER 19-1 Medical Condition Non-Disclosure Privacy Protection
prevails over
Engineer Intern A Pre-Interview PE Exam Attempt Non-Disclosure
the yielding obligation gives way only under (defeasibleUnder):
- Engineer Intern A Pre-Hire PE Failure Non-Disclosure
Engineer Intern A Faithful Agent Post-Hire Risk Notification
prevails over
Engineer Intern A Prudential Disclosure Relational Self-Protection
the yielding obligation gives way only under (defeasibleUnder):
- Engineer Intern A Prudent Disclosure Foregone Vulnerability
Engineer F BER 03-6 Contractor License Revocation Non-Disclosure
prevails over
Engineer A BER 97-11 Pending Allegation Prudential Weighing
the two obligations are in tension (competesWith)
the yielding obligation gives way only under (defeasibleUnder):
- Engineer A Pending Ethics Complaint Non-Disclosure to Client B
Engineer Intern A PE Exam Failure Non-Disclosure Materiality Assessment
prevails over
Engineer Intern A Pre-Interview PE Exam Attempt Non-Disclosure
the two obligations are in tension (competesWith)
the yielding obligation gives way only under (defeasibleUnder):
- Engineer Intern A Pre-Hire PE Failure Non-Disclosure
Open tensions recorded without a resolution:
Engineer A BER 19-1 Medical Condition Non-Disclosure Privacy Protection vs Engineer Intern A Material Omission Privacy Balance Assessment
Engineer F BER 03-6 Contractor License Revocation Non-Disclosure vs Engineer F BER 03-6 Non-Engineering License Disciplinary History Non-Disclosure
Engineer Intern A Faithful Agent Post-Hire Risk Notification vs Engineer Intern A Licensure Condition Acceptance Honest Representation
Engineer Intern A Licensure Condition Acceptance Honest Representation vs Engineer Intern A PE Exam Failure Non-Disclosure Materiality Assessment
Engineer Intern A Pre-Interview PE Exam Attempt Non-Disclosure vs XYZ Consultants Hiring Authority Licensure Due Diligence Inquiry
What the board concluded
- It was imprudent but not unethical for Engineer Intern A not to have mentioned at the interview his two previous failures to pass the PE exam, as the question was not asked by XYZ Consultants.
How comparable cases resolved the same tension
Engineer Intern A Pre-Interview PE Exam Attempt Non-Disclosure yields to Engineer A BER 19-1 Medical Condition Non-Disclosure Privacy Protection. The yielding obligation ("Engineer Intern A Pre-Interview PE Exam Attempt Non-Disclosure") recurs across cases; the obligation that overrides it and the context under which it yields differ case by case. This is the case-law move: not a single rule, but a family of context-indexed resolutions.
| Case | Obligation that prevailed | Yielding obligation | Context (defeasibleUnder) |
|---|---|---|---|
|
03-6
Employment—Duty To Disclose Revocation Of...
|
Engineer F Contractor License Revocation Non-Disclosure Employment Application | Engineering Firm Hiring Authority Broad Disciplinary Inquiry Due Diligence | -- |
|
22-1
Unlicensed Practice by Nonengineers with...
|
BER Case 92-2 EI Timely Misrepresentation Correction Escalation Obligation Instance | BER Case 92-2 EI Engineer Intern Misrepresentation Correction Obligation Instance | Engineer Intern Credential Misrepresentation in Firm Advertising |
|
16-10
Public Health, Safety and Welfare-Former...
|
Engineer A Public Interest Testimony Obligation at Government Hearing | Engineer A Current Case Post-Employment Confidentiality Agreement Compliance Public Testimony | Engineer A Post-Employment Witness Participation Consideration; Public Safety at Risk from Unresolved Consumer Product Concern |
|
24-02
Use of Artificial Intelligence in...
|
Engineer A Design Safety Compliance | Engineer A AI Design Disclosure | -- |
|
22-7
Impaired Engineering
|
Engineer Intern C Non-Aiding Unlawful Practice Violation Instance | Engineer Intern C Subordinate Complicity Prohibition Violation Instance | Engineer Intern C Unlicensed Responsible Charge Delegation |