What is a cause of action?
A cause of action is the legal basis for a lawsuit, the set of facts that entitle a plaintiff to a remedy.
A cause of action is a set of facts that entitles a party to relief.
Where the word "Cause Of Action" comes from
Cause of action comes from the idea of a legal claim arising from facts. It describes the combination of a right, a violation, and resulting harm, and each recognized claim, such as negligence or breach of contract, is a distinct cause of action.
Why Cause Of Action matters
It frames what the plaintiff must prove and what the defendant must answer. Cases are organized around causes of action, and a complaint must plead at least one valid cause to survive a motion to dismiss.
Common confusion about Cause Of Action
A cause of action is not the same as the facts. The facts are what happened; the cause of action is the legal theory that makes those facts actionable, so the same events can support multiple causes of action, such as breach of contract and fraud.
A real-world example of Cause Of Action
A buyer who was sold a defective product may have causes of action for breach of warranty, negligence, and fraud against the seller, each requiring proof of different elements.
A worked example of Cause Of Action
A homeowner sues a contractor for a collapsed deck, pleading causes of action for negligence and breach of contract. For negligence, the homeowner must show a duty, a breach, and resulting harm; for breach of contract, the homeowner must show a promise and its violation. If the homeowner proves only one theory, recovery is limited to it, and the complaint must plead each cause with enough facts to survive dismissal, which is why the choice of claims shapes the whole case.
How Cause Of Action works in practice
When bringing a case, identify every viable cause of action and plead the elements of each, because missing a claim can bar it later. When defending, challenge each cause of action separately, since a case can be dismissed in part. Keep the facts organized around the legal theories, because courts decide motions and trials claim by claim.
Questions about Cause Of Action
How many can one case have?
Several — each distinct legal theory is its own.
What if facts don’t fit?
The claim can be dismissed for failure to state one.
Example?
Breach of contract and negligence can both be causes of action.