cause of action


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cause of action,

n the stated circumstances that permit one to bring suit to recover damages.

cause of action,

n a ground or reason for a legal action; a wrong that is subject to legal redress.
References in periodicals archive ?
18) The Second, Third, and Fourth Reports did not address the motion to dismiss for failure to state a cause of action.
government that "insofar as the Flatow Amendment creates a private right of action against officials, employees, and agents of foreign states, the cause of action is limited to claims against those officials in their individual, as opposed to their official, capacities.
Under traditional common law theories (as summarized in the Restatement (Second) of Torts [section] 766), Aceco has a cause of action against Claypot for interfering with the contract through the tort of defamation.
His first cause of action has worried the high court justices because once granted, it could put in question the election not only of Vice President Leni Robredo but results in both local and national elections as well.
existence of a cause of action was a matter traditionally relegated to
Importantly, although no federal statute provided Bivens a right to sue for the invasion of his Fourth Amendment rights, the Court recognized a cause of action because it found 'no special factors [counselled] hesitation in the absence of affirmative action by Congress.
The author argues that both the traditional understanding of waiver of tort and the conception of waiver of tort as an independent cause of action are untenable.
The third cause of action alleges that defendant insurer acted in bad faith by failing to settle libel and slander claims within policy limits, resulting in a judgment against plaintiff that included punitive damages.
Accordingly, since the sine qua non of Tanya's cause of action was the intentional infliction of emotional harm, and there was none, the court concluded that the Childers had no viable cause of action.
The court held, inter alia, that in its initial order granting summary judgment, the trial court properly concluded that the clear and unambiguous terms of the Release and Settlement Agreement failed to reserve a cause of action and barred Francois from pursuing a claim against the University.
Analysis of the effects of cause of action estoppel has three major methodological goals: (a) to reexamine the rule in light of the behaviour modification model.
forced to rely solely on an implied cause of action, known as a Bivens