A specific legal claim – such as for negligence, breach of contract or medical malpractice – for which a plaintiff seeks compensation. Each cause of action is divided into discrete elements, all of which must be proved to present a winning case.
n. the basis of a lawsuit founded on legal grounds and alleged facts that, if proved, would constitute all the “elements” required by statute. Examples: to have a cause of action for breach of contract, there must have been an offer of acceptance; for a tort (civil wrong), there must have been negligence or intentional wrongdoing and failure to perform; for libel, there must have been an untruth published that is particularly harmful; and in all cases, there must be a connection between the acts of the defendant and damages. In many lawsuits, there are several causes of action stated separately, such as fraud, breach of contract, debt, or negligence and intentional destruction of property.
A brief statement summarising the legal basis or claim being made in a lawsuit or legal proceeding.
In the law, a cause of action (sometimes called a claim) is a set of facts sufficient to justify a right to sue. The phrase may refer to the legal theory upon which a plaintiff brings suit (such as breach of contract, battery, or false imprisonment).
To pursue a cause of action, a plaintiff pleads or alleges facts in a complaint—the pleading that initiates a lawsuit. A cause of action generally encompasses both the legal theory (the legal wrong the plaintiff claims to have suffered) and the remedy (the relief a court is asked to grant). Often, the facts or circumstances that entitle a person to seek judicial relief may create multiple causes of action.
There are a number of specific causes of action, including: contract-based actions; statutory causes of action; torts such as assault, battery, invasion of privacy, fraud, slander, negligence, and intentional infliction of emotional distress; and suits in equity such as unjust enrichment and quantum meruit.
The points a plaintiff must prove to win a given type of case are called the “elements” of that cause of action. For example, for a claim of negligence, the elements are: the existence of a duty; breach (of that duty); proximate cause (by that breach); and damages. If a complaint does not allege facts sufficient to support every element of a claim, the court, upon motion by the opposing party, may dismiss the complaint for failure to state a claim for which relief can be granted.
The defendant to a cause of action must file an “answer” to the complaint in which the claims can be admitted, denied, or there is insufficient information to form a response. The answer may also contain counterclaims in which the “Counterclaim Plaintiff” states its own causes of action. Finally, the answer may contain affirmative defences. Most defences must be raised at the first possible opportunity, either in the answer or by motion, or they are deemed waived. A few defences, in particular a court’s lack of subject matter jurisdiction, need not be plead and may be raised at any time.
A cause of action is a legal claim or grounds for a lawsuit based on a specific set of facts that give rise to a right to sue.
You may have a cause of action if you have suffered harm or injury as a result of someone else’s actions, and if there is a legal basis for holding that person or entity responsible.
The elements of a cause of action vary depending on the specific legal claim being pursued, but generally include things like duty, breach, causation, and damages.
Common causes of action include negligence, breach of contract, fraud, defamation, and personal injury claims.
The statute of limitations for filing a cause of action varies depending on the specific legal claim and the jurisdiction, but it generally sets a time limit for when a lawsuit must be filed after the cause of action accrues.
While it is possible to file a cause of action without an attorney, it is often advisable to seek legal representation to ensure that your rights are protected and that your case is properly presented.
Remedies in a cause of action can include monetary damages, injunctive relief, specific performance, and other forms of relief as determined by the court.
Yes, a cause of action can be settled out of court through negotiation, mediation, or arbitration, without the need for a trial.
If you believe you have a cause of action, you should consult with a qualified attorney to discuss your options and determine the best course of action.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 11th April, 2024.
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