cause of action
facts forming the basis of an accusation (Law)
Cause of action
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 is also used to reference 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.
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Cause Of Action
A set of facts or allegations that make up the grounds for filing a lawsuit.
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.
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. 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.
This entry contains material from Bouvier's Legal Dictionary, a work published in the 1850's.
CAUSE OF ACTION
DIRITTO POSTO A FONDAMENTO DELLA PROPRIA AZIONE
cause of action
Eng: cause of action
Urdu: بنائے دعویٰ ۔ بنائے نالش ۔