Assume that no legal duty or actionable legal right is involved in any of these situations. Which could…
A tort claim requires an actionable wrong recognised by law. A breach of etiquette, a purely moral grievance or offence to religious feeling alone does not meet that…
Choose your answer
Assume that no legal duty or actionable legal right is involved in any of these situations. Which could amount only to a social, moral or religious grievance, without giving rise to a tort claim?
Answer and explanation
Correct answer D
A tort claim requires an actionable wrong recognised by law. A breach of etiquette, a purely moral grievance or offence to religious feeling alone does not meet that requirement on the stated assumptions. Ushaben illustrates the distinction between offence to religious feelings and an actionable civil claim.
Option feedback
Option A
A breach of etiquette alone does not establish an actionable wrong. The same condition applies to the other examples.
Option B
A purely moral grievance can lack an actionable legal basis. So can the other examples.
Option C
Offence to religious feeling alone can lack a civil cause of action. The other examples likewise lack one on the stated facts.
Option D
Each example is limited by the absence of an actionable legal right or duty.
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