![]() ![]() ![]() For example, for a claim of negligence, the elements are: the (existence of a) duty, breach (of that duty), proximate cause (by that breach), and damages. The points a plaintiff must prove to win a given type of case are called the "elements" of that cause of action. There are a number of specific causes of action, including: contract-based actions statutory causes of action torts such as assault, battery, invasion of privacy, fraud, slander, negligence, intentional infliction of emotional distress and suits in equity such as unjust enrichment and quantum meruit. The need to balance procedural expediency and continuity (the technicalities of which one might fall foul) expressed as procedural rules. Although it is fairly straightforward to file a statement of claim in most jurisdictions, if it is not done properly, then the filing party may lose her case due to simple technicalities. Often the facts or circumstances that entitle a person to seek judicial relief may create multiple causes of action. ![]() 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). To pursue a cause of action, a plaintiff pleads or alleges facts in a complaint, the pleading that initiates a lawsuit. It can be any communication notifying the party to whom it is addressed of an alleged fault which resulted in damages, often expressed in amount of money the receiving party should pay/reimburse. The legal document which carries a claim is often called a 'statement of claim' in English law, or a ' complaint' in U.S. The term also refers to the legal theory upon which a plaintiff brings suit (such as breach of contract, battery, or false imprisonment). A cause of action or right of action, in law, is a set of facts sufficient to justify suing to obtain money or property, or to justify the enforcement of a legal right against another party. ![]()
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