cause of action

A cause of action is a legal claim based in law which gives rise to a right to sue fora remedy or "relief".

The set of facts which underlie the cause of action or action (otherwise known as a proceeding, legal proceedings, a civil lawsuit, or litigation in the UK) give rise to the cause of action once all of the elements of the cause of action are satisfied - the cause of action has been made out and the defendant is found liable on the claim. The cause of action relies on the underlying "factual matrix" giving rise to be right to sue another for wrongdoing, whether under the general law or statute law.

Liability is determined by satisfaction of individual elements that must be established upon presentation of evidence to the satisfaction of the tribunal by the claimant on the balance of probabilities in civil litigation in the UK, and beyond a reasonable doubt in a criminal proceedings. It is the facts of the case which are used to show that each of the elements of the claim at law have been made out. Causes of action do not exist in a vacuum - the facts which must be provied must be established by evidence.

Causes of Action: An Example

For instance, in proceedings for the tort of passing off is concerned with protecting businesses from damage arising from false representations, whereby a trader conducts his business in such a way so as to hold out his goods to the public in a way which leads the public to believe they are the goods of another business. The defendant thereby cashes in on the established trader's goodwill. The claimant (the estaobshed business) must show that:

1. its business has the requisite goodwill;
2. the defendant made a misrepresentation in respect to the claimant’s business, goods or services;
3. the claimant has suffered damage or is likely to suffer damage as a result of the misrepresentation.

Supposing the claimant proves that it has the requisite goodwill. Further, suppose the defendant has made a misrepresentation in respect to the claimant’s business; for example the defendant distributed marketing materials that stated that goods solely owned and distributed by the claimant were in fact those of the defendant. The goodwill and misrepresentation would be proved. If it is the case that the claimant can prove that it has suffered damage or is likely to suffer damage as a result of the misrepresentation, the claimant is said to have a cause of action against the defendant in passing off. In this way, the underlying facts of the case which satisfies the elements of the legal action makes out the cause of action.

Causes of Action: Multiple Claims

There is no reason in principle why one set of facts cannot give rise to multiple legal claims. For instance, supposing an employee misappropriates confidential information in a printed form and publishes it without authority of the employer. The set of facts (ie the factual matrix) could give rise to claims (ie causes of action) for:

1. unauthorised disclosure of confidential information;
2. breach of the employment contract; and
3. copyright infringement.

In this way three may claims or legal actions may be available to the employer claimant.

Statements of Case

The claim form and particulars of claim set out (or "plead") the relevant facts to establish the cause of action in English legal proceedings. The defence either denies, admits or does not admit the factual claims pleaded in the particulars of claim and may plead an alternative set of facts which establishes an absolute defence or mitigates the liability of the defendant on quantum of damages. A request for further information and clarification is able to be served to elicit further details of the claim if ti is unclear.

Thus, it is the set of facts which gives rise to the cause of action. The term is often used interchangeably with the legal ground (such as the tort of passing off) for the action.