“Cause of Action” – What is it?

A cause of action is ‘the fact or facts which give a person a right to judicial relief”. A right to a judicial relief without any facts backing up does not give rise to a cause of action. Equally, not every fact or situation or problem or loss or negative event gives right to judicial relief. Having a “cause of action” lies in having facts regarding which the law recognizes a right to sue.

A useful example would be this:   I may walk up to you and hold up, say, three fingers. That rather odd and perhaps unsettling act does not, in and of itself, create a “cause of action” because you can’t sue me for holding three fingers in the air. If, on the other hand, that was a hand gesture used by those who once regularly beat you within an inch of your life (and I knew or ought to have known that) then you might have a “cause of action” in that you now have grounds to sue me for intentional infliction of emotional distress.

This post is done by Camberwell House for informational, discussion and educational purposes only. It is NOT to provide specific legal advice and does not do so.   The older the post is, the higher the risk that the information in it is incorrect: Camberwell does not delete older posts.  There is no lawyer-client relationship between you and Camberwell House and you should seek your own lawyer and obtain legal advice tailored to your circumstances. 
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