Cause of action
Disputes & Litigation

A cause of action is a set of facts that give rise to claim based in law. The set of facts are the underlying basis for commencing a law suit (otherwise known as a proceedings, a lawsuit, action, or litigation in the UK), in order to obtain a remedy that may be made available by a court upon a favourable finding; namely that the cause of action has been made out and the defendant is found liable on the claim. The cause of action is the basis for suing.

Liability at law is determined by satisfaction of individual elements that must be made out (or “proved”) by the claimant on the balance of probabilities in civil litigation (UK) (and beyond a reasonable doubt in a criminal actions). It is the facts of the case that are used to show that each of the elements of the claim at law have been made out.

An Example

For instance, in proceedings for passing off (which relates to the protection of goodwill or trade reputation of a business), the claimant must show that:

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

Supposing the claimant proves that they have 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 misrepresentation would be made out. If it is the case that the claimant 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.

Thus, it is the factual matrix that gives rise to the cause of action; in this case, passing off.