cause of action
Học thuậtThân thiện
Definition
Noun: A set of facts or circumstances that provides a legal basis for filing a lawsuit. It is the specific combination of events and legal principles that gives a person the right to seek a remedy through the courts.
Usage
A "cause of action" is the fundamental reason for which a lawsuit is brought. It identifies the legal theory—such as breach of contract, negligence, or trespass—under which the plaintiff seeks relief. For a lawsuit to proceed, the plaintiff's complaint must state a valid cause of action.
Examples
- The evidence of a broken promise and resulting financial loss established a clear cause of action for breach of contract.
- Without proof of actual harm, the plaintiff failed to demonstrate a valid cause of action.
- The lawyer reviewed the facts to determine if they supported a cause of action for wrongful termination.
Advanced Usage
- To state a cause of action: This legal phrase means to allege facts in a complaint that, if proven true, would entitle the plaintiff to a legal judgment.
- The court dismissed the case because the complaint failed to state a cause of action.
- Accrual of a cause of action: Refers to the moment when a cause of action comes into existence, which is when the statute of limitations (the time limit for filing a lawsuit) begins to run.
- The cause of action accrued on the day the contract was breached.
Variants and Related Words
- Action (n): A formal legal proceeding brought in a court; a lawsuit.
- He filed an action to recover the debt.
- Claim (n): A demand for a remedy, such as payment or performance, based on an asserted right.
- The insurance company denied the claim.
Synonyms
- Grounds for suit
- Legal basis
- Right of action
Related Phrases
- To have a cause of action against someone: To possess the legal right to sue a specific person or entity.
- The injured party had a cause of action against the negligent driver.
- Cause of action arose: Describes when the events creating the right to sue occurred.
- The cause of action arose when the defective product caused injury.
Noun
- a claim sufficient to demand judicial attention; the facts that give rise to right of action