Overview, step-by-step guide, cause of action news and other resources.
Legal terms • cause of action
Cause of action (COA), is a commonly used acronym and the epicenter of a lawsuit. The significance of the term lies in the fact that a trial can begin only after its existence is established. Clarifying a general legal issue with a specific CoA is one of the trickiest questions to answer among the host of other questions related to any given case.
In Coke v. Gill, the court elaborated on the meaning of a cause of action for getting the judgment in favor, it emphasized:
- A cause of action includes all essential facts that the plaintiff must establish to demonstrate their legal right to relief.
- If the facts are disputed, the plaintiff bears the burden of proving those facts in court to succeed in the claim.
This how-to guide serves as a general reference for both novices and any seasoned lawyers looking for a thorough review of the topic before proceeding to more in-depth analysis and research.
If you’re facing a legal issue, use an online database of attorneys in your city or search for an attorney by legal issue after reading this guide.
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| What is a cause of action? |
| Cause of action examples |
| Cause of action news |
| How to identify the cause of action |
| Cause of action by state and more resources |
What is cause of action?
Cause of action is the legal claim [a claim that sometimes goes unstated] that allows a party to seek judicial relief. This gives the legal right to seek a remedy because of the act or omission, failure to perform duty, or breach of obligation of the defendant towards the plaintiff.
Black’s Law Dictionary defines COA as “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.”
Now, providing a uniform and precise definition of the cause of action is impossible. According to Edwin. E. Bryant, cause of action may be defined as a situation or state of facts entitling a party to maintain an action before a judicial tribunal. Such facts may include:
- Defendant violating the Plaintiff’s right, or
- The action or omission of the Respondent threatens the plaintiff’s rights against which the plaintiff can adopt preventive and restraining measures or
- Doubts concerning some duty or right, or confusion about the right beclouded due to apparent adverse right or claim of the plaintiff, which the plaintiff is entitled to have cleared up, that he may safely perform his duty or enjoy his property.
The elements of cause of action
Elements of cause of action are specific components or requirements that must be established to prove a legal claim. The essential elements for constituting a specific cause of action are covered by the following:
- Statutes — This is one of the most important sources for determining whether a case constitutes a valid cause of action. A statute is a legislative enactment that describes the rights and duties of the stakeholders covered under it. If an act or omission does not constitute a valid right or does not impose any liability, the same cannot be considered a valid cause of action.
- Administrative regulation — Certain administrative regulations impose legal liability on the executive machinery to safeguard and enforce the rights of the people. In case of non-performance of those liabilities, it results in a valid cause of action.
- Judicial precedent — Sometimes, the statutory languages or the administrative actions cannot properly determine whether something can be considered a valid cause of action. In such times, the judicial precedents serve as a guide to determine whether something constitutes a valid cause of action.
- The Constitution — A constitution is the supreme legal document of a sovereign state from which all the statutes, legal machinery, executives, etc., gain their legality and authority. The supreme authority of the Constitution is the last source to determine whether a certain action or omission can constitute a valid cause of action.
However, the elements depend on the type of litigation (e.g., key elements that arise in commercial litigation). In federal litigation, cause of action is only recognized if a right enshrined in the Constitution is violated and affirmative action can be initiated before the federal court.
What are common examples of cause of action?
Breach of contract is one of the most common contractual CoAs with over 10,000 relevant cases available for analysis
Source: Westlaw Precision with CoCounsel search tool with cause of action filter
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1. Breach of contract cause of action:
To establish the claim for breach of the contract, the following elements of contracts are to be established:
- There cannot be a breach without the existence of a valid and legally binding contract between the parties, whether written or oral. This contract must entail all the requirements, such as an offer, acceptance of the offer, legal consideration, and, most importantly, the intent of the parties to create a contract.
- This has to be proved by the party taking the cause of action against the other that the former has fulfilled and completed the tasks or duties required by the contract.
- The party claiming must establish that the party at fault has committed a breach of their duties as per the contract.
- The party claiming must demonstrate that he has suffered loss or harm due to the defendant’s breach.
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2. Statutory cause of action:
For statutory cause of action, the primary question to be answered is whether a duty or prohibition exists for certain actions in the particular statute. After this, the following are to be established:
- The plaintiff must prove that the defendant owed a statutory duty towards him.
- The defendant must have breached his statutory duty towards the plaintiff.
- The plaintiff must have suffered harm or injury due to the defendant’s statutory violation, and the damage must be directly linked to the breach of duty.
3. Tort-related cause of action:
Fraudulent misrepresentation:
- It must be demonstrated that the defendant made a false statement or misrepresented a significant fact to the agreement.
- For the defendant to be liable, it must be established that he had the knowledge that the statement he is making is false and will lead to misrepresentation but is being done by him to induce the other party to the contract or may abstain him from entering it.
- Consequently, the plaintiff has relied on the misrepresentation of the defendant, assuming it is true, and has acted accordingly.
Conversion:
- The plaintiff must prove that he had a right over a property
- This right of the plaintiff was at the time when conversion happened
- The property on which the plaintiff had the right, the defendant intentionally and wrongfully took possession or interfered with the property without legal justification
- The plaintiff must have been deprived of the use, possession, or control of the property
- The plaintiff suffered harm or loss due to the defendant’s wrongful act
Negligence:
- The defendant owed the plaintiff a duty of care
- To which the defendant breached or violated that duty of care by failing to act as a reasonable person
- This breach can be caused by doing something wrong or failing to do something right
- The harm caused to the plaintiff must be by the defendant’s breach or a foreseeable consequence of the defendant’s breach of duty
- The plaintiff must have suffered actual harm or injury
Defamation:
- There must be a false statement made about the plaintiff, either spoken or written
- The false statement must be made before someone else, which should have harmed the plaintiff’s reputation in some third person’s eyes
- The false statement caused harm to the reputation or emotional well-being of the plaintiff
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4. Precedent cause of action
The precedent cause of action refers to the common law system where courts rely on previously decided cases to determine outcomes in current cases with similar facts or legal issues, the following elements are key for precedent cause of action:
- The cause of action arose based on a doctrine established by a prior court decision
- The facts must be similar to the precedent case
- The precedent must come from a court whose decisions are binding
5. Equity-related cause of action
Unjust enrichment is an equity-related cause of action that applies when there is no express contract between the parties. This doctrine is based on mistaken payment and the plaintiff can recover the amount equal to the advantages and services which he provided to the defendant.
How does the discovery rule affect the accrual of a cause of action?
Under the discovery rule, the limitations begin to run only after the plaintiff discovers or, through reasonable diligence, should have discovered the essential elements of the cause of action. This principle is crucial in cases where the harm or wrongful act may not be immediately visible or known to the plaintiff. The Discovery rule can be applied wherein the following elements are present:
- The plaintiff must be unaware of the act done by the defendant that caused him harm and would have given the right to cause of action if known.
- After that, the plaintiff must discover or should reasonably be aware of the wrongful act or breach that caused harm.
- The plaintiff must discover the injury or damage, even if the harm is not immediately apparent. The discovery of the injury triggers the accrual of the cause of action.
Cause of action news
Updated samples of the latest news related to cause of action developments.
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New Florida Law Leads the Way in Ending Squatter Scams
On July 1, 2024, Florida Session Law 2024-44 (the Act) takes effect, providing homeowners a swift new process for removing unauthorized persons (squatters) from their property without judicial action. The new law, passed unanimously by the Florida Legislature, is in response to high-profile squatter cases nationwide and creates criminal penalties for persons unlawfully occupying residential property and refusing to leave when asked.
Cause of Action for Wrongful Removal
Critics of the Act warn that the new non-judicial remedy raises due process concerns and that unscrupulous landlords may use it as a shortcut to the regular eviction process. However, the Act creates a civil cause of action for a wrongly removed person to regain possession and recover from the landlord actual damages and statutory damages equaling three times the fair market rent of the dwelling, in addition to court costs and reasonable attorneys’ fees.
Source: New Florida Law Leads the Way in Ending Squatter Scams, Practical Law Legal Update w-042-9583
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How do you identify the cause of action?
Identifying the cause of action requires consideration of two factors – the legal theory and remedy. In the United States, CoA is defined from the standpoint of the rights of plaintiffs and duties of defendants with the breach of duty that resulted in loss and damage.
To institute a lawsuit, a plaintiff must prove all the elements of CoA including wrongful action such as threats. However, wrongful action alone does not trigger a CoA – It is the existence of the injury, damage, or loss that happened due to that wrongful action.
The following 6-step process gives attorneys confidence to specify CoA for their particular case.
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1. Establish the existence of a legal possessory right
2. Determine defendant’s legal duty to act
3. Prove wrong or violation toward the plaintiff
4. Establish the concurrence of right, duty, and wrong
6. Demonstrate concurrence of wrong and damage
1 – Existence of a legal possessory right in the plaintiff over the matter
The possessory rights, in this case, mean that the plaintiff’s legal right exists and where the defendant’s act affects that right.
For instance:
- A gives B $100 for 2 months as debt.
- A has the right to bring suit against B if he does not pay after the lapse of time.
- Plaintiff A has the possessory right to being the actual owner of the money creating his legal right and legal obligation on defendant B for payment within the proper time limit.
Case example: Colavito v New York Organ Donor Network, Inc.
The court ascertained the cause of action essentially with regard to the conversion in this matter. The court reasoned that for the cause of action to arise, the plaintiff’s possessory right or interest must exist and the defendant must have dominion over the property or interference with it, in derogation of the plaintiff’s rights.
2 – Corresponding legal duty in the defendant toward the plaintiff
The second element of the cause of action corresponds to the primary right of the plaintiff. This duty may arise from a contract or may be imposed by positive law independent of the contract, or it may arise ex contractu or ex delictu (consequences from breaching the contract).
There are several ways to determine whether the defendant had a duty to act:
- The defendant is engaged in the creation of the risk which resulted in the plaintiff’s harm.
- Voluntary undertaking: The defendant volunteered to protect the plaintiff from harm.
- Knowledge: The defendant knows/should know that his conduct will harm the plaintiff.
- Business/voluntary relationships:
- Business owner and customer;
- Innkeeper and guest;
- Land possessor who opens her land to the public;
- A person who voluntarily takes custody of another person.
Case example: Solomon v. Bates (N. C.)
In this case, the theory involves directors that are trustees for creditors, and individually owe a legal duty to them. The directors were wrong acting in a fraudulent, negligent, mismanagement affecting the creditor’s rights.
Case example: Purcell vs R.R 108 N.C 414
The court gave the verdict that the failure to discharge the duty required by the laws was a wrong caused by the defendant’s negligence -tort- and is properly united by the tort by fraud and deceit form part of the complaint.
3 – Wrong or violation of the plaintiff’s right, or breach of duty on the part of the defendant
Duty is the action which is to be done or not done by the person in obligation of it. A cause of action arises wherever there is proof that there was the existence of a duty towards the plaintiff by him which he failed to procure resulting in a breach. For instance, negligence as a Tort is a breach of duty that is not desired by the plaintiff but committed by the defendant.
The Wrongful Act or Omission forms part of the action that leads to affecting the right of the plaintiff.
For instance:
- A buys a horse from B.
- Later he came to know that the horse is suffering from a life-threatening disease.
- As a result, B’s Non-Disclosure of information is part of the Wrongful Act with his clear intention to commit fraud against A.
- Here, A has full rights to bring legal action against B.
Case example: Hart v. Hanson, 14 N.D. 570, 105 N.W. 942 (1905)
The defendants were directors of the State Bank of Northwood, the plaintiff and his assignors became sureties on the such-depositary bond, and the same was delivered to and accepted by the county. County funds were thereupon deposited in the bank and were closed by the state authorities by reason of its insolvency. Here the defendant’s activities are part of the question since they acted fraudulently, as they already knew the insolvency of county funds but they remained silent. They were also the trustees in whose name the creditors invested money. Consequently, the directors were held completely liable to creditors.
When the defendant intentionally interferes with the rights of the plaintiff they lay the foundation for the lawsuit with the cause of action.
Case example: Davenport v. Underwood
The court held the defendant liable. The bank directors were held responsible for causing losses for the bank as they were directly liable to depositors on the grounds of fraud and negligence while performing the corporation’s duties.
Case example: Delano v. Case
In this case, the defendant committed a wrongful act on the ground of negligence. The court ruled that the purpose of cause of action could exist where there has been a liability in the right of the corporation to be enforced.
4 – Concurrence of right, duty, and wrong
According to Salmond “no right can exist without any corresponding duty and vice versa”.
Every person is rendered some rights which are granted to him against individuals or some against the public at large. These rights cannot be taken away. On the other hand, it’s the duty of individuals around him to let him enjoy his right by doing or restraining from doing anything which may hinder it. Rights and duties exist simultaneously.
A right is an interest protected by the law or the state, and it’s the duty that mandates the protection of the right. But when the protection is infringed by a failure to follow the duty, it gives rise to the wrong committed and hence, to a cause of action. This renders another right to claim the damage suffered for the one whose right was infringed.
5 – Damage
When the duty obliged is not performed, the right is infringed causing loss or damage and can be claimed with the cause of action that arose. Damages can be defined as the injury caused or loss incurred by the plaintiff due to the failure of the defendant and can be remedied by issuing the cause of action claiming damages.
Case example: Marzetti v. Williams (1830) 1 B & Ad 41
This case stated that every contract implies a duty to be performed by the parties and in the event of breach, cause of action arises against the party at fault mandating the use of the maxim, Ubi jus ibi remedium. Where there is action given by law, there are damages to the violated right.
6 – Concurrence of wrong and damage
The maxims damnum sine injuria and injuria sine damnum are elaborative of the relationship between the wrong and damage. Damnum sine Injuria refers to damages without injury or damages where there is no infringement of any legal right in spite of the loss which might have been incurred.
On the other hand, Injuria sine damno refers to infringement of legal right without causing any harm, loss, or damage to the plaintiff. Whenever any legal right is infringed, the plaintiff or the one who suffers can bring a cause of action against the one who infringed the right. Therefore, damages are the result of the cause of action through an actionable wrong.
Case example: Clark v. McClurg 215 Cal 279
In order to establish that there was breach of duty, the plaintiff must not only prove the existence of actionable wrong but also damages thereof. It was emphasized that the concurrence of actionable wrong and damages are important for the cause of action to be advanced.
Case example: Mogul Steamship Co Ltd v McGregor, Gow & Co [1892] AC 25
This case established that immoral acts done in a lawful manner led to no legal injury, hence no damages to be claimed by the plaintiff, and no point of the cause of action.
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Last thoughts and resources for the legal researcher
Although this guide is limited in scope and purpose, it’s clear that your own duty as a lawyer is to be well-versed with the facts of a case and to competently analyze similar cases where possible. This demands significant time and effort in both research and analysis, and understandably so. Yet the energy spent in gathering pertinent definitions and requirements don’t need to be so cumbersome.
The steps laid out above to specify causes of action serve only as basic principles so you can confidently proceed to the next phase of thorough analysis and file a lawsuit.
State-specific cause of action research resources
Do you need to perform further research on cause of action updates in a certain state?
Use the curated content below featuring practices notes, templates, toolkits, and guides from Practical Law.
Practical Law’s resources are written and maintained by over 650 dedicated full-time attorney-editors globally. They’re highly qualified, having practiced at the world’s leading law firms, corporate law departments, and government agencies.
For example, standard clauses provide model language for counsel to use in a certain state district or county court petition or federal complaint to plead various claims under state law. Counsel can use these standard clauses in a state petition or complaint properly formatted for the relevant court and tailored to the facts and circumstances of the case.
Originally published on November 17, 2022
Disclaimer
The content appearing on this website is not intended as, and shall not be relied upon as, legal advice. Although this content was created to provide you with accurate and authoritative information, it was not necessarily prepared by attorneys licensed to practice law in a particular jurisdiction. It is general in nature and may not reflect all recent legal developments. Thomson Reuters is not a law firm and an attorney-client relationship is not formed through your use of this website. You should consult with qualified legal counsel before acting on any content found on this website.
