It may not be something that comes up in day-to-day conversation, but it is one of the most important concepts in the law. A cause of action is, essentially, the legal basis for filing a lawsuit. It’s the legal framework for claiming that a person or entity has done something to you or to someone else that is actionable according to the law.
Understanding the Elements of a Cause of Action
At the most basic level, a cause of action requires two elements: the wrongdoer and the wrongdoing. The wrongdoer is the person or entity that has done something that has caused harm or injury to another. The wrongdoing is the action (or inaction) of the wrongdoer that is the basis of the lawsuit. For example, if a driver runs a red light and causes an accident, then the wrongdoer is the driver and the wrongdoing is running the red light.
But that’s not all: there is also a third element that must be present in order for a cause of action to exist. A party must also have suffered some sort of harm or injury as a result of the wrongdoer’s actions. In the example above, if the driver’s actions caused an injury to another driver, then the injury is the third element that would complete the cause of action.
What Are Examples of Causes of Action?
Causes of action can take many forms. A few of the most common causes of action include breach of contract, negligence, fraud, and defamation. These are all examples of legal wrongs that, if proven, can give someone the right to file a lawsuit against the wrongdoer. For example, if a company fails to provide a service that was promised in a contract, then the other party may have a cause of action for breach of contract.
In the realm of torts, there are many more examples of causes of action. For example, a person who has been injured as a result of another’s negligence may have a cause of action for negligence; a person who has been defamed may have a cause of action for defamation; and a person who has been a victim of fraud may have a cause of action for fraud.
Conclusion
In conclusion, a cause of action is the legal basis for filing a lawsuit. It requires two primary elements — the wrongdoer and the wrongdoing — as well as a third element — some sort of harm or injury that was caused as a result of the wrongdoer’s actions. Examples of causes of action include breach of contract, negligence, fraud, and defamation. Understanding the concept of a cause of action is important for any business professional, as it is the cornerstone of any legal claim.