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A cause of action is the legal ground on which a civil claim is brought. Put plainly, it is the reason the law allows you to ask a court for a remedy. Every civil claim rests on at least one cause of action, and identifying it correctly is one of the first things that shapes a case. Common examples in civil disputes include breach of contract, negligence, and debt. Each is a distinct cause of action with its own requirements.

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Elements: what a cause of action is made of

Every cause of action breaks down into a set of parts, usually called elements. To succeed, you generally have to show that each element is present on the facts. If one element is missing, the claim under that cause of action does not get off the ground, however unfair the situation feels. Breach of contract, for instance, typically requires that a contract existed, that it imposed an obligation, that the obligation was not met, and that you suffered loss as a result. Negligence requires a duty of care, a breach of that duty, and loss caused by the breach. The specific elements depend on the cause of action.

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Why identifying it matters

The cause of action determines what you have to prove, which evidence is relevant, and what remedy you can ask for. It also shapes the structure of the documents you file. Two people with similar-sounding grievances can have very different claims depending on which cause of action fits the facts, and it is possible for a single situation to support more than one.

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Facts do the work

A cause of action is proved by facts, not by how strongly you feel about the dispute. The court looks at whether the facts, if accepted, satisfy each element. This is why organising evidence around the elements of your cause of action, rather than around the story as you experienced it, tends to make a claim clearer.
Portia is a document-organisation tool for people handling civil disputes in England and Wales. It is not a law firm and does not give legal advice. Learn what Portia does.