Let’s look at common types of civil causes of action and their elements.
| Type of Cause of Action |
Example Scen |
Key Elements |
| Breach of Contract |
Employer fails to pay wages |
Valid contract, performance, breach, damages. |
| Negligence (Tort) |
Car accident causing injury |
Duty of care, breach, causation, damages. |
| Fraud / Misrepresentation |
False financial statement |
False statement, intent, reliance, harm. |
| Conversion |
Theft of property |
Plaintiff’s right, defendant’s interference, damages. |
| Defamation |
Harmful false social media post |
False statement, publication, harm to reputation. |
| Statutory Causes of Action |
Discrimination claim under statute |
Statutory right, violation, harm. |
| Implied Cause of Action |
Not stated in statute but recognized by courts |
Legislative intent, rights violated, remedy needed. |
| Equitable Causes of Action |
Unjust enrichment |
Benefit conferred, retention unjust, restitution required. |
Other common civil disputes include property damage, employment law cases, and medical malpractice claims.
Breach of Contract Cause of Action
This is one of the most common civil claims. A breach occurs when one party fails to fulfill the terms of a valid contract. To succeed in a breach of contract cause of action, a plaintiff must show:
- A valid contract existed.
- The plaintiff performed their part.
- The defendant breached the contract.
- The breach caused damages.
Negligence and Other Common Law Causes of Action
Negligence is another frequent legal cause of action in both personal injury and property damage lawsuits. It is considered part of the common law causes of action, developed through judicial decisions rather than statutes.
- To prove negligence, a plaintiff must establish:
- The defendant owed a duty of care.
- The defendant breached that duty.
- The breach was the direct cause of the injury.
- The plaintiff suffered actual damages.
Other common law causes of action include trespass, assault, battery, and defamation. These claims have been recognized by courts for centuries and continue to form the basis for many modern civil lawsuits.
Implied Cause and Implied Cause of Action Explained
Not every cause of action is written directly into a statute. Sometimes courts recognize an implied cause of action, even if the legislature did not expressly provide one. This is known as an implied cause, and it allows plaintiffs to seek remedies when fairness and justice demand it.
A classic example is when a federal law creates rights for individuals but does not specify how those rights can be enforced. Courts may decide that an implied cause of action exists to ensure those rights are protected.
Courts often examine legislative history and congressional intent to determine whether an implied cause of action should exist. This analysis also considers overall legislative intent.
One well-known example is litigation under the Securities Exchange Act, where courts have recognized implied causes of action to protect investors from fraud.
In the U.S., courts often apply the Cort v. Ash test to determine whether an implied cause of action is appropriate. Factors include:
- Whether the plaintiff is part of the class the statute was meant to protect.
- Whether Congress intended to create a private right of action.
- Whether implying a cause of action is consistent with the legislative scheme.
These implied causes of action are less common than traditional claims but remain an important part of civil law, especially in areas involving consumer rights and federal statutes.