cause of action


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Cause of Action

The fact or combination of facts that gives a person the right to seek judicial redress or relief against another. Also, the legal theory forming the basis of a lawsuit.

The cause of action is the heart of the complaint, which is the Pleading that initiates a lawsuit. Without an adequately stated cause of action the plaintiff's case can be dismissed at the outset. It is not sufficient merely to state that certain events occurred that entitle the plaintiff to relief. All the elements of each cause of action must be detailed in the complaint. The claims must be supported by the facts, the law, and a conclusion that flows from the application of the law to those facts.

The cause of action is often stated in the form of a syllogism, a form of deductive reasoning that begins with a major premise (the applicable Rule of Law), proceeds to a minor premise (the facts that gave rise to the claim), and ends with a conclusion. In a cause of action for Battery, the rule of law is that any intentional, unpermitted act that causes a harmful or offensive touching of another is a battery. This is the major premise and is stated first. Supporting facts, constituting the minor premise, appear after the rule of law. For example, a statement of facts for a case of battery might be "The plaintiff, while walking through ABC Store on the afternoon of March 11, 1998, was tackled by the defendant, a security guard for the store, who knocked the plaintiff to the floor and held her there by kneeling on her back and holding her arms behind her, while screaming in her ear to open her shopping bag. These actions caused the plaintiff to suffer injuries to her head, chest, shoulders, neck, and back." The cause of action concludes with a statement that the defendant is responsible for the plaintiff's injuries and that the plaintiff is entitled to compensation from the defendant.

The facts or circumstances that entitle a person to seek judicial relief may create more than one cause of action. For example, in the preceding example, the plaintiff might assert claims for assault, battery, intentional infliction of emotional distress, and violation of Civil Rights. She might also bring claims for negligent hiring (if the guard had a history of violent behavior which the store failed to discover) or negligent supervision. (When damages are caused by an employee it is common to sue both the employee and the employer.) All these causes of action arise from the same set of facts and circumstances but are supported by different rules of law and constitute separate claims for relief.

A cause of action can arise from an act, a failure to perform a legal obligation, a breach of duty, or a violation or invasion of a right. The importance of the act, failure, breach, or violation lies in its legal effect or characterization and in how the facts and circumstances, considered as a whole, relate to applicable law. A set of facts may have no legal effect in one situation, whereas the same or similar facts may have significant legal implications in another situation. For example, tackling a shoplifting suspect who is brandishing a gun is a legitimate action by a security guard and probably would not support a claim for relief if the suspect were injured in the fracas. On the other hand, tackling a shopper who merely acts in a suspicious manner while carrying a shopping bag is a questionable exercise of a guard's duty and may well give rise to Justiciable causes of action.

Further readings

McCord, James W.H. "Drafting the Complaint: Defending and Testing the Lawsuit." Practicing Law Institute 447.

cause of action

n. the basis of a lawsuit founded on legal grounds and alleged facts which, 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 and acceptance, for a tort (civil wrong) there must have been negligence or intentional wrongdoing, for libel there must have been an untruth published which 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, and debt, or negligence and intentional destruction of property. (See: lawsuit)

cause of action

noun action, action at law, basis for relief, cause, claim, claim for relief, demand, enforceable claim, ground, issue, just claim, lawful cause, legal asserrion, reason for legal pursuit, reason for relief, reasonable claim, redressible wrong, right, right of action, right of reeovery, right to relief
Associated concepts: accrual of a cause of action, capacity to institute a cause of action, collateral estoppel, derivative cause of action, facts giving rise to a cause of action, facts sufficient to constitute a cause of action, inconsistent claims, joint interrst in a cause of action, limitation of actions, meritorious cause of action, relief splitting a cause of action, res judicata, venue
See also: claim, gist, incentive

cause of action

see CAUSE.

CAUSE OF ACTION. By this phrase is understood the right to bring an action, which implies, that there is some person in existence who can assert, and also a person who can lawfully be sued; for example, where the payee of a bill was dead at the time when it fell due, it was held the cause of action did not accrue, and consequently the statute of limitations did not begin to run until letters of administration had been obtained by some one. 4 Bing. 686.
     2. There is no cause of action till the claimant can legally sue, therefore the statute of limitations does not run from the making of a promise, if it were to perform something at a future time, but only from the expiration of that time, though, when the obligor promises to pay on demand, or generally, without specifying day, he may be sued immediately, and then the cause of action has accrued. 5 Bar. & Cr. 860; 8 Dowl. & R. 346.When a wrong has been committed, or a breach of duty has occurred, the cause of action has accrued, though the claimant may be ignorant of it. 3 Barn. & Ald. 288, 626 5 B. & C. 259; 4 C. & P. 127.

References in periodicals archive ?
Clearly the litigants' autonomy is especially disregarded with the application of cause of action estoppel, which forces the plaintiff to submit the subject matter of the entire case relating to the cause of action at one time, including every remedy flowing from the cause of action based on the subject matter.
with the majority that the cause of action should exist.
The court held that plaintiffs did not have a cause of action under F.
13) In its First Report, the Committee concluded that the motion to dismiss for failure to state a cause of action under Civil Practice Act 106(4) was ineffective in terminating groundless suits.
Under traditional common law theories (as summarized in the Restatement (Second) of Torts [section] 766), Aceco has a cause of action against Claypot for interfering with the contract through the tort of defamation.
THE COURT FIRST HAD TO DECIDE WHETHER THE RELEASE AND SETTLEMENTAGREEMENT EXPRESSLY AND UNAMBIGUOUSLY RESERVED FRANCOIS' CAUSE OF ACTION AGAINST THE UNIVERSITY.
refused to recognize an independent cause of action for negligent spoliation.
Tortious Interference with prospective economic advantage: In this cause of action, the judge said "The court finds that plaintiffs have sufficiently stated a cause of action for tortious interference with prospective economic advantage based on MBD's alleged use of economic pressure on the brewers and plaintiff's customers.
Under the new rules, a medical malpractice lawsuit must be filed in the county where the cause of action occurred.
The Proposition 22 Legal Defense and Education Fund recently filed a cause of action in Sacramento Superior Court challenging the Board of Equalization's decision in Hisserich.
The new reforms establish a negligence cause of action for injuries, death or violation of rights, and sets forth the criteria for establishing this cause of action.