Obligation-Conflict Resolution
Case 21-11 (2021) · Public Welfare at What Cost?
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
Engineer Intern D Faithful Agent DOT Policy Compliance Obligation
prevails over
Engineer Intern D Subordinate Complicity Refusal Sign Off Promise Obligation
the yielding obligation gives way only under (defeasibleUnder):
- Engineer Intern D Supervisor Sign-Off Ethical Shield
- Supervisor Sign-Off as Ethical Shield — Engineer W to Engineer Intern D
Engineer W Public Agency Cost Allocation Policy Integrity Preservation Obligation
prevails over
Engineer W Benevolent Motive Non-Justification Shadyvale Policy Violation
the two obligations are in tension (competesWith)
the yielding obligation gives way only under (defeasibleUnder):
- Engineer W Altruistic Policy Violation
Engineer Intern D Policy Violating Design Revision Refusal Shadyvale
prevails over
Engineer Intern D Subordinate Complicity Refusal Sign Off Promise Obligation
the yielding obligation gives way only under (defeasibleUnder):
- Engineer Intern D Supervisor Sign-Off Ethical Shield
- Supervisor Sign-Off as Ethical Shield — Engineer W to Engineer Intern D
Featured
Engineer Adam Full Circumstance Disclosure Firm Sale Negotiation Engineer Mary Status
prevails over
Engineer Adam Artfully Misleading Statement Prohibition Firm Sale Negotiation
the two obligations are in tension (competesWith)
the yielding obligation gives way only under (defeasibleUnder):
- Public Safety at Risk — Undersized Aging Water Main
Engineer Intern D Escalation of Policy Conflict to Agency Authority Obligation
prevails over
Engineer Intern D Policy Compliant Design Preservation Obligation
the yielding obligation gives way only under (defeasibleUnder):
- Unlicensed Intern Responsible Charge Delegation — Engineer W to Engineer Intern D
Engineer W Responsible Charge Active Policy Compliance Review Obligation
prevails over
Engineer W Responsible Charge Non-Delegation Policy Compliance Sign Off Promise
the yielding obligation gives way only under (defeasibleUnder):
- Supervisor Sign-Off as Ethical Shield — Engineer W to Engineer Intern D
Engineer W Procurement Integrity Violation DOT Cost Allocation Policy
prevails over
Engineer W Non-Subordination of DOT Policy to Shadyvale Financial Sympathy Obligation
the yielding obligation gives way only under (defeasibleUnder):
- Engineer W Altruistic Policy Violation
- Engineer W Competing Duties — Shadyvale vs DOT
- Resource Constrained State — Shadyvale Water Main Replacement Cost
Engineer W Faithful Agent Obligation Violated DOT Policy Shadyvale
prevails over
Engineer W Non-Subordination of DOT Policy to Shadyvale Financial Sympathy Obligation
the two obligations are in tension (competesWith)
the yielding obligation gives way only under (defeasibleUnder):
- Engineer W Altruistic Policy Violation
- Engineer W Competing Duties — Shadyvale vs DOT
- Resource Constrained State — Shadyvale Water Main Replacement Cost
Engineer W Transparent Advocacy Substitution Shadyvale DOT Project
prevails over
Engineer W Non-Aiding Policy Circumvention Through Design Manipulation Obligation
the two obligations are in tension (competesWith)
the yielding obligation gives way only under (defeasibleUnder):
- DOT Policy Circumvention Design Manipulation — Engineer W to Engineer Intern D
Engineer Charlie Political Trade-Off Safety Non-Compromise Building Inspection
prevails over
Engineer W Non-Subordination of DOT Policy to Shadyvale Financial Sympathy Obligation
the two obligations are in tension (competesWith)
the yielding obligation gives way only under (defeasibleUnder):
- Engineer W Altruistic Policy Violation
- Engineer W Competing Duties — Shadyvale vs DOT
- Resource Constrained State — Shadyvale Water Main Replacement Cost
Open tensions recorded without a resolution:
Engineer Intern D Complete and Unfiltered Upward Reporting of Policy Conflict vs Engineer Intern D Intern Materiality Judgment Restraint Full Reporting Obligation
Engineer Intern D Escalation of Policy Conflict to Agency Authority Obligation vs Engineer Intern D Subordinate Complicity Refusal Sign Off Promise Obligation
Engineer Intern D Faithful Agent DOT Policy Compliance Obligation vs Engineer Intern D Policy Violating Design Revision Refusal Shadyvale
What the board concluded
- It would not be ethical for Engineer Intern D to accede to Engineer W’s veiled directive to revise the design so that the old water main is impacted by the DOT project.
- It would not be ethical for Engineer W to sign off on a design altered so that the old water main is impacted by the DOT project.
How comparable cases resolved the same tension
Engineer Adam Artfully Misleading Statement Prohibition Firm Sale Negotiation yields to Engineer Adam Full Circumstance Disclosure Firm Sale Negotiation Engineer Mary Status. The yielding obligation ("Engineer Adam Artfully Misleading Statement Prohibition Firm Sale Negotiation") 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) |
|---|---|---|---|
|
07-12
Expert Witness—Disclosure of Interests Represented
|
Conflict of Interest Disclosure Evolution Compliance Engineer A Industry Compensation Concealment | Artfully Misleading Statement Prohibition Engineer A Own Behalf Testimony Response | Engineer A Undisclosed Private Retainer in Regulatory Testimony |
|
05-5
Statements Made During Negotiations
|
Engineer A Artfully Misleading Competitive Pressure Statement Prohibition | Engineer A Firm Sale Business Negotiation Honesty Non-Exemption Violation | Engineer B Stalling Creating Negotiation Pressure |
|
03-6
Employment—Duty To Disclose Revocation Of...
|
Engineer F Qualifications Non-Misrepresentation Employment Application | Engineer F Artfully Misleading Employment Application Answer | Engineer F Employment Application Narrow Question Omission |
|
04-11
Advertising — Use of Business Cards—P.E....
|
Engineer A Situation 4 Social Context Non-Violation Recognition | Engineer D Situation 4 Improper Complaint Filing Prohibition | -- |
|
82-2
Confidentiality of Engineering Report
|
Engineer A No Safety Exception Triggered Confidentiality Non-Override | Engineer A Faithful Agent Duty Violated by Real Estate Firm Disclosure | Client Bargaining Position Prejudiced by Report Disclosure; Engineer A Good-Faith Transparency Motive Confidentiality Violation |