What You Should Know Cause Of Action


This is a group of operative facts giving rise to one or more bases for suing; a factual situation that entitles one person to obtain a remedy in court from another person.

It may be defined generally to be a situation or state of facts that entitles a party to maintain an action in a judicial tribunal. This state of facts may be (a) a primary right of the plaintiff actually violated by the defendant; or (b) the threatened violation of such right, which violation the plaintiff is entitled to restrain or prevent, as in case of action for injunction; or (c) it may be that there are doubts as to some duty or right or claim, which the plaintiff is entitled to have cleared up, that he may safely perform his duty, or enjoy his property.

A new cause of action is a claim not arising out of or relating to the conduct, occurrence or transaction contained in the original pleading.

An amended pleading often relates back to the date the original pleading was filed. Thus, a plaintiff may add claims to a suit without facing a statute-of-limitations bar, as long as the original pleading was filed in time to satisfy the statute. But if the amended pleading adds a claim that arises out of a different transaction or occurrence, or out of different alleged conduct, the amendment does not relate back to the date the original pleading wad filed.

Cause of action is a claim sufficient to demand judicial attention; the facts that give rise to right of action. In 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).

The basis of a lawsuit founded on legal grounds and alleged facts which, if proved, would constitute all the “elements” required by statute. A cause of action is essential to every civil lawsuit; it is the basis for your complaint. Usually the plaintiff will assert separate counts in his complaint-one for each cause of action. They are facts that give someone the right to seek a remedy through the court because they establish negligence or other rights under the law sought to be enforced.

The cause of action is the specific grievance or violation that gives grounds for a legal action. The reason a complaint may be filed with the court. It is the plaintiff’s legal claim against the defendant. There is often more than one cause of action in a lawsuit.