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Which set consists entirely of grievances that do not by themselves infringe a legal right so as to give rise to a tort claim?

Question and options

Which set consists entirely of grievances that do not by themselves infringe a legal right so as to give rise to a tort claim?

  1. A breach of social etiquette, trespass to land, and an offence to religious feeling alone

  2. A breach of a purely moral expectation, civil defamation, and a breach of social etiquette

  3. An offence to religious feeling alone, private nuisance, and a breach of a purely moral expectation

  4. A breach of social etiquette, a breach of a purely moral expectation, and an offence to religious feeling alone

Answer and explanation

Correct answer: D - A breach of social etiquette, a breach of a purely moral expectation, and an offence to religious feeling alone

A tort claim requires an actionable wrong recognised by law, involving the infringement of a legal right or breach of a legal duty. A breach of social etiquette, a purely moral grievance, or hurt to religious feelings alone does not constitute a tort, unlike recognised torts such as trespass to land, defamation, or private nuisance. Ushaben v. Bhagyalaxmi Chitra Mandir illustrates that hurt to religious feelings alone does not give rise to an actionable civil claim.

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