[quickcheque]

If you are willing to throw out the moral reason, then the legal reason is just an empty rule.

[bombcar]

There are many legal reasons without moral force behind them beyond "we need to agree on one way or the other" - such as which side of the road to drive on.

[quickcheque]

In your example, both sides are equally acceptable and we just pick one. How does this apply to the present case?