Obligation-Conflict Resolution
Case 22-6 (2022) · Siting a Truck Stop
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
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Engineer H Objective Complete Reporting Drainage Board Testimony
prevails over
Firm C National Franchise Subcontractor Ethical Compliance ZZZ Truck Stop
the two obligations are in tension (competesWith)
the yielding obligation gives way only under (defeasibleUnder):
- Engineer H Potential Unlicensed Practice at Public Hearing
- Engineer H Testimony Evasion of Tank Leak Concerns
- Unlicensed Practice by Engineer H in State I
Engineer H Sustainable Development Environmental Testimony ZZZ Truck Stop
prevails over
Firm C National Franchise Subcontractor Ethical Compliance ZZZ Truck Stop
the yielding obligation gives way only under (defeasibleUnder):
- Engineer H Potential Unlicensed Practice at Public Hearing
- Engineer H Testimony Evasion of Tank Leak Concerns
- Unlicensed Practice by Engineer H in State I
Engineer H Out-of-State Licensure Compliance ZZZ Truck Stop Drainage Board
prevails over
Firm C National Franchise Subcontractor Ethical Compliance ZZZ Truck Stop
the two obligations are in tension (competesWith)
the yielding obligation gives way only under (defeasibleUnder):
- Engineer H Potential Unlicensed Practice at Public Hearing
- Engineer H Testimony Evasion of Tank Leak Concerns
- Unlicensed Practice by Engineer H in State I
Engineer R Public Interest Environmental Testimony ZZZ Truck Stop Drainage Board
prevails over
Engineer R Fact Grounded Technical Opinion Drainage Board
the two obligations are in tension (competesWith)
the yielding obligation gives way only under (defeasibleUnder):
- Engineer R Confirmed Risk Without Adequate Safeguards
- Engineer R Post-Hearing Escalation Obligation
- Engineer R Public Testimony Safety Concern Dismissed by Drainage Board
Engineer H Public Hearing Testimony Completeness ZZZ Truck Stop
prevails over
Firm C National Franchise Subcontractor Ethical Compliance ZZZ Truck Stop
the two obligations are in tension (competesWith)
the yielding obligation gives way only under (defeasibleUnder):
- Engineer H Potential Unlicensed Practice at Public Hearing
- Engineer H Testimony Evasion of Tank Leak Concerns
- Unlicensed Practice by Engineer H in State I
What the board concluded
- Engineer R fulfilled ethical obligations regarding environmental concerns at the site of the truck stop through public testimony.
- Engineer H did not act ethically by failing to address the potential for leaks in underground storage tanks during the presentation and questioning, whether by explaining how the issue had been addressed or by agreeing to re-examine the plans in light of the issue.
How comparable cases resolved the same tension
Firm C National Franchise Subcontractor Ethical Compliance ZZZ Truck Stop yields to Engineer H Objective Complete Reporting Drainage Board Testimony. The yielding obligation ("Firm C National Franchise Subcontractor Ethical Compliance ZZZ Truck Stop") 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) |
|---|---|---|---|
|
16-10
Public Health, Safety and Welfare-Former...
|
Engineer A Current Case Employer Cost Rejection Non-Acquiescence Assessment | Company X Safety Testing Rejection Ethical Violation | Novel Consumer Product Regulatory Standards Vacuum; Present Case Company X Good Faith Safety Concern Without Demonstrable Violation |
|
76-6
Gifts to Foreign Officials
|
Roe Firm Foreign Official Corrupt Payment Prohibition Violation | Roe Firm Competitor Gift-Practice Non-Justification Compliance | Roe Firm Ethics Compliance Competitive Disadvantage |
|
24-03
Public Contracting Practices
|
Procurement Violation Corrective Action City D Engineer Post-Investigation | Ethical Conduct Obligation City D Engineer Procurement Rationalization | City D Firm Z Recent Contracts Non-Compliance State |
|
02-5
Professional Competence In Current...
|
Engineer A Present Case Moral Culpability Threshold Not Met Design Failure | Ethics Board Causal Nexus Establishment Engineer A Design Failure | Engineer A Severe Weather Design Failure Without Moral Culpability |
|
09-10
Withholding Information Useful to...
|
Engineer A Collegial Counsel to Engineer X Before Board Report | Engineer A Competitor Unlicensed Firm Practice State Board Report XYZ Engineering | Engineer A Collegial Correction Priority Before Formal Reporting |