Written by attorneys · grounded in primary & secondary sources — see below
2 senses
1
in tort law
A factor measuring the blameworthiness of an intentional invasion of another's legally protected interests. Courts weigh this factor along with the actor's intent and the seriousness of the harm sought when deciding whether liability extends to resulting unintended harms.
2
Sense 1
1
in tort law
A factor measuring the blameworthiness of an intentional invasion of another's legally protected interests. Courts weigh this factor along with the actor's intent and the seriousness of the harm sought when deciding whether liability extends to resulting unintended harms.
Sources & Authorities· 1 source
Select any source to read its text and confirm it supports the definition.
Restatements
Sense 2
2
in criminal law
An act contrary to natural justice or morality rather than merely a violation of positive law. Knowledge that conduct constitutes a moral wrong supplies the controlling test under the M'Naghten insanity standard in many jurisdictions.
Sources & Authorities· 2 sources
Select any source to read its text and confirm it supports the definition.
An act contrary to natural justice or morality rather than merely a violation of positive law. Knowledge that conduct constitutes a moral wrong supplies the controlling test under the M'Naghten insanity standard in many jurisdictions.
Each sense below has its own examples, sources, and questions.
Examples1
Intentional Valve Closure Triggers Explosion
Lillian, a utility technician, deliberately closed a customer's gas valve during a routine call to retaliate for billing complaints. The resulting pressure surge interacted with corroded pipes two blocks away and caused an explosion injuring Kayla. Because Lillian's act was an intentional invasion of the customer's service rights and carried substantial moral blame, the court treats the degree of that moral wrong as a key factor supporting liability for the unintended physical injuries.
Frequently Asked2
What role does the degree of moral wrong play when an intentional tort produces unexpected harm?+
The Restatement treats the degree of moral wrong as one of three important factors, together with intent and the seriousness of the harm intended, that courts use to decide whether liability reaches unintended consequences. Greater moral blame supports extending responsibility even when the resulting harm is remote or unusual.
Supporting sources
Does every intentional act automatically create broad liability for all resulting harm?+
No. The moral-wrong factor is weighed with the other two elements. A minor or petty invasion with low moral culpability may not justify extending liability to remote or freakish consequences even though the initial act was intentional.
Supporting sources
Examples1
Delusional Belief of Divine Command
A mother suffering from insanity kills her infant believing God has commanded the sacrifice. She knows the act violates state law yet genuinely believes it is morally right. Under the moral-wrong test the jury must decide whether she understood the act to be contrary to natural justice. If she did not, the insanity defense succeeds even though she appreciated its legal prohibition.
People v. Schmidt216 N.Y. 324, 110 N.E. 945, 949 (N.Y. 1915)
Frequently Asked1
How does the moral-wrong test differ from a legal-wrong test in insanity cases?+
Under the moral-wrong approach a defendant may be insane even if she knows the act is illegal, provided she believes it is morally justified by a delusion such as a divine command. The legal-wrong test would find her sane whenever she understands the conduct violates positive law. Most jurisdictions following M'Naghten treat moral wrong as the controlling standard.
Supporting sources
823 P.2d 128 (Colo. 1992)Criminal Law
…court instructed the jury that the term “wrong” in the statutory definition of insanity referred to legal wrong rather than moral wrong. The jury found the defendant sane, and he was convicted. The court of appeals reversed, holding that the trial court’s instruction was erroneous. The supreme court granted certiorari and…