Cause of Action

Cause of Action in United Kingdom

Definition of Cause of Action

In accordance with the work A Dictionary of Law, this is a description of Cause of Action : The facts that entitle a person to sue. The cause of action may be a wrongful act, such as *trespass; or the harm resulting from a wrongful act, as in the tort of *negligence.

Meaning of Cause of Action

The following is an old definition of Cause of Action [1]: The right which a party has to institute and carry through a proceeding. The act on the part of the defendant which gives the plaintiff his cause of complaint. Jurists have found it difficult to define a cause of action. It may be said to be composed of the right of the plaintiff and the obligation, duty, or wrong of the defendant. A wrong committed or threatened. A plaintiff must show himself entitled to the relief called for by the facts stated in his complaint. The allegations, the evidence, and the findings should correspond in legal intent. The expression implies not only a right of action, but that there is some person in existence who is qualified to institute process. The right must be capable of being legally enforced; and so there must be a person to be sued. The elements are: a right possessed by the plaintiff, and an infringement of such right by the defendant. Where the distinction between ” trespass ” and ” case ” is abolished, the plaintiff in his petition may present such facts as show a blending of those common-law forms of action. See Limitation, 3, Statute of. To ” show cause of action ” is to exhibit the facts upon which a right of action rests. The practice is resorted to in actions of tort to reduce the amount of bail required, as where it will appear that the causa of action is purely technical or is of a very ordinary nature. See Meritorious; Split. For cause. See Challenge, 4; Remove. Good, cause. Has no certain rneaning in a stipulation for canceling a contract. Probable cause. Within the meaning of the law relating to actions for malicious prosecutions, – a reasonable cause of suspicion, supported by circumstances sufficiently strong in themselves to warrant a cautious man in the belief that the person accused is guilty of the offense with which he is charged. Such a state of facts in the mind of the prosecutor as would lead a man of ordinary caution and prudence to believe, or entertain an honest and strong suspicion, that the person arrested is guilty. The existence of such facts and circumstances as would excite the belief in a reasonable mind, acting on the facts within the knowledge of the prosecutor, that the person charged was guilty of the crime for which he was prosecuted. When information as to the commission of a crime is believed, and is such, and from such sources, that the generality of business men of ordinary care, prudence, and discretion would prosecute upon it under the same, conditions. The constitutional provision that a warrant of arrest can issue only ” upon probable cause, supported by oath or affirmation,” contemplates an oath or affirmation by the person who, of his own knowledge, deposes to the facts which constitute the offense; the mere belief of the affiant is insufficient. “Probable cause for making an information ” does not mean actual and positive cause. The complaint may be made upon information and belief. Prize courts deny damages or costs where there has been probable cause for a seizure. Probable cause exists where there are circumstances sufficient to warrant a reasonable ground of suspicion, even though not sufficient to justify condemnation. There is no substantial difference between ” probable cause ” and ” reasonable cause ” of seizure. See Prosecution, Malicious. Reasonable cause. A fact which would suggest to persons of average intelligence the same inference or action; such facts as would constrain a person of ordinary caution and sagacity to pursue a particular course of conduct; legal cause or excuse; probable cause. In the law of homicide, reasonable cause or ground to apprehend harm or death. A bare fear, unaccom-panied by any overt act indicative of the supposed intention, will not warrant a killing, if there is no actual danger. See further Defense, 1. The reasonable cause which will justify a husband or wife in abandoning the other is, in Pennsylvania at least, that which would entitle the party so separating himself or herself to a divorce. See Abandon, 2 (1). Reasonable cause to believe a debtor insolvent exists when the condition of his affairs is known to be such that prudent business men would conclude that he could not meet his obligations as they mature in the ordinary course of business. A recital in the certificate of a magistrate that ” satisfactory cause ” has been shown for issuing a warrant of arrest is not equivalent to a statement that he is satisfied that there is “reasonable cause” to believe that the charge contained in the preliminary affidavit is true. To avoid, as a fraudulent preference in the Bankrupt Act, a security taken for a debt, the creditor must have had such knowledge of facts as to induce a reasonable belief of his debtor’s insolvency. . . Reasonable cause ” to believe ” and ” to suspect ” are distinct, in meaning and effect. See Prefer. (3) An action at law, a suit at law or in equity; a judicial proceeding’. In any legal sense, action, suit, and cause are convertible terms. ” Case ” is more limited, importing a collection of facts with the conclusions thereon. A ” cause ” pends, is postponed, appealed, removed; whereas a “case” is made, vested, argued, decided, etc. See Action; Admiralty, Case; Chancery; Joinder; Suit; Title. 2. Fr. A case; a trial.

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Notes and References

  1. Concept of Cause of Action provided by the Anderson Dictionary of Law (1889) (Dictionary of Law consisting of Judicial Definitions and Explanations of Words, Phrases and Maxims and an Exposition of the Principles of Law: Comprising a Dictionary and Compendium of American and English Jurisprudence; William C. Anderson; T. H. Flood and Company, Law Publishers, Chicago, United States)

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