What is a "moral or social duty" and what is the test for such a duty?
Alberta, Canada
The following excerpt is from Gillett v. Nissen Volkswagen Ltd., 1975 CanLII 235 (AB QB):
A moral or social duty has been defined to mean " … a duty recognised by … people of ordinary intelligence and moral principle, but at the same time not a duty enforceable by legal proceedings … the great mass of right-minded men in the position of the defendant would have considered it their duty, under the circumstances [to make the communication]" per Lindley L.J. in Stuart v. Bell, supra, at p. 350.
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