A cause of action is a set of facts or legal theory that gives someone the right to seek a legal remedy against another party in court. It encompasses the legal grounds on which a plaintiff initiates a lawsuit, providing a formal basis for demanding judicial relief for harm or injury.
The concept of a cause of action is fundamental in civil litigation, serving as the foundation for filing a lawsuit. It arises from a combination of facts and applicable law that, together, justify a court's intervention to address a grievance or enforce a right.
A cause of action includes elements that the plaintiff must prove to succeed in their claim, such as breach of duty in negligence cases or breach of contract in contractual disputes.
Identifying and articulating a clear cause of action is crucial for drafting a complaint that withstands legal scrutiny and for determining the appropriate jurisdiction and venue for the lawsuit.
Contract Law: A breach of contract provides a cause of action for the non-breaching party to seek damages or specific performance.
Tort Law: Causes of action in torts may include negligence, defamation, or invasion of privacy, each with distinct elements that the plaintiff must prove.
A common misconception is that a cause of action refers to the injury or loss itself.
In reality, while the injury or loss forms part of the factual basis, a cause of action requires that such facts meet specific legal criteria or theories under which the law provides a remedy.
Simply experiencing harm does not automatically create a cause of action without a legal basis that identifies a violation of rights or a breach of duty.
Connect with experienced personal injury lawyers who fight for your rights.
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224 N 1st St, Michigan, 48116-1205
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Wayne State University School of Law
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