Obligation-Conflict Resolution

Case 92-6 (1992) · Public Welfare - Hazardous Waste

Case Precedents

How this case resolved it competition structure in OntServe

Engineer B Paramount Public Welfare Duty prevails over Engineer B 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):

Client Business Relationship Conflict

What the board concluded

From the Board's conclusions in Case 92-6:

It was unethical for Engineer B to merely inform the client of the presence of the drums.
It was unethical for Engineer B to fail to advise his client that he suspected hazardous material and provide a recommendation concerning removal and disposal in accordance with federal, state and local laws.

Recorded violations: Partial Client Disclosure violates Engineer B Drum Hazard Disclosure Duty Partial Client Disclosure violates Engineer B Paramount Public Welfare Duty

How comparable cases resolved this and related tensions

Read at the type level, this resolution is: Faithful Agent Obligation yields to Safety 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 (8)
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
88-6 Whistleblowing - City Engineer	Safety Withdrawal and Notification Obligation	Faithful Agent Obligation	Same tension, resolved the same way
24-5 Sustainable Development and Resilient...	Faithful Agent Obligation	Professional Accountability Obligation	Same tension, resolved the opposite way
97-13 Duty To Report Unrelated Information...	Faithful Agent Obligation	Safety Obligation	Same tension, resolved the opposite way
93-3 Appropriate Notification And Review Of...	Faithful Agent Obligation	Peer Review Cooperation Obligation	Same tension, resolved the opposite way
85-4 Objectivity of Engineer Retained as Expert	Faithful Agent Obligation	Objectivity Obligation	Same tension, resolved the opposite way
Related tension: one duty type matches (16)
08-10 Public Welfare—Design of Medical Equipment	Faithful Agent Obligation	Reporting Obligation	The yielding type here prevails there
23-4 Acknowledging Errors in Design	Objectivity Obligation	Professional Accountability Obligation	The prevailing type here yields there
18-9 Public Health and Safety—Building Codes to...	Safety Obligation	Proactive Risk Disclosure Obligation	The prevailing type here yields 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
17-3 Public Health, Safety and...	Proactive Risk Disclosure Obligation	Reporting Obligation	The prevailing type here also prevails there, over a different duty
98-5 Public Health And Safety - Code Enforcement	Public Safety Obligation	Competence 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
21-2 Public Health, Safety, and ...	Future Conditions Consideration Obligation	Legal Obligation	The prevailing type here also prevails there, over a different duty
21-2 Public Health, Safety, and ...	Public Safety Obligation	Legal Obligation	The prevailing type here also prevails there, over a different duty
93-8 Use Of Broad Indemnification Clause For...	Professional Accountability Obligation	Legal 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)
76-4 Public Welfare - Knowledge of Information...	Engineer Doe Paramount Public Duty	Engineer Doe Faithful Agent Duty	No Written Report Directive
88-6 Whistleblowing - City Engineer	Engineer A Proper Authority Reporting Duty	Engineer A Faithful Agent Duty	Loyalty Versus Public Protection Conflict
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
24-1 Balancing Client Directives and Public...	Engineer L Watershed Safety Duty	Engineer L Faithful Agent Duty	Public Safety Faithful Agent Conflict
89-7 Duty To Report Safety Violations	Engineer A Safety Precedence Duty	Engineer A Faithful Agent Duty	Code Exception Disclosure Release