Cause of Action and Civil Litigation

Learn the meaning of Cause of Action in Civili Litigation. Contact our civil litigation attorneys serving Berks, Lehigh, Northampton, Bucks, Montgomery, Philadelphia, Chester, Delaware, Lancaster, Lebanon, Dauphin, Schuylkill, York, Carbon, Luzerne, Monroe, Columbia and Northumberland counties.

In a Civil Litigation complaint, more than one cause of action may be included. A cause of action is a “set of predefined factual elements that allow for a legal remedy,” Cornell Law School explains.


In layman’s terms, a cause of action is the reason the person filing the claim (the plaintiff) believes they are entitled to compensation (often money) or another form of relief from someone else (the defendant).


A plaintiff needs to ensure that all causes of action are included in the filed complaint. The burden of proof is on the plaintiff. The plaintiff needs to prove each element of the cause of action that is filed.


A cause of action can be based on or defined by one of the following: 

 

  • Statute:
    “A statute is a law enacted by a legislature,”
    Cornell Law School explains. “Statutes are also called acts, such as the Civil Rights Act of 1964 or the Sarbanes-Oxley Act.” Federal and state laws sometimes define a specific cause of action. For example, mechanic’s liens can be filed when a contractor is not paid. The process to file the lien is defined by statute.
     
  • Judicial precedent:
    “Precedent refers to a court decision that is considered as authority for deciding subsequent cases involving identical or similar facts or similar legal issues,”
    Cornell Law School explains. “Some judges have stated that precedent ensures that individuals in similar situations are treated alike instead of based on a particular judge’s personal views.” Sometimes, a judicial precedent can be used as a cause of action.
     
  • Administration Regulation:
    A cause of action can also come from a regulation. “A Regulation is an official rule. In the Government, certain administrative agencies have a narrow authority to control conduct within their areas of responsibility,”
    Cornell Law School explains. “These agencies have been delegated legislative power to create and apply the rules, or ‘regulations.’” Sometimes, regulation violations can be the basis for a cause of action.


Examples of causes of action: 

 

  • Breach of Contract: 
    A violation of a term or condition of a contract, such as failure to deliver promised services or goods, failure to complete a job, failure to make a payment, etc.
     
  • Fraud:
    Intentionally deceiving someone to deprive them of their legal rights or to secure unfair or unlawful gain. For example, someone selling something they know is faulty (a car, boat, etc.) to someone else without disclosing that information.
     
  • Tort (Negligence, Assault, or Intentional Harm):
    The most common type of tort, negligence, is basically carelessness. It is doing or not doing what a reasonable person would typically do under the circumstances that cause harm to someone else. Examples include car accidents, slips and falls, and medical malpractice.
     
  • Defamation:
    Making false statements – written (libel) or spoken (slander) - that injure a person’s reputation.


Bingaman Hess Litigation Attorneys Save Time and Money


Whether you are the plaintiff or defendant, the litigation attorneys at Bingaman Hess have the knowledge and experience to achieve the best outcome for you as swiftly as possible. Call today at 610.374.8377 or find us online.


CONTACT US

News & Information

Contact Our Municipal Attorneys Serving Berks, Lehigh, Northampton, Bucks, Montgomery, Philadelphia
By Mahlon Boyer July 28, 2025
Discover the key insurance needs for municipalities, including how to assess risks, choose the right coverage, and manage policies to protect public assets and operations.
Bingaman Hess Proudly Welcomes Gary R. Swavely, Jr.  to the Firm
By Mahlon Boyer July 25, 2025
Gary specializes in Wills, Estate Planning & Administration, Divorce & Custody, Civil Litigation, Criminal Defense, Real Estate, Municipal and Zoning.
Contact Our Estate Attorneys Serving Berks, Lehigh, Northampton, Bucks, Montgomery and Philadelphia
By Mahlon Boyer July 19, 2025
Choose the right executor for your will with confidence. Learn the key qualities to look for, an executor’s duties, and when to seek legal support.
Contact Us For Corporate Compliance and Audit Assistance in Wyomissing, Reading & Berks County
By Mahlon Boyer July 12, 2025
Learn how corporate investigations and compliance audits help address misconduct, evaluate policies, and protect attorney-client privilege during internal reviews.
Contact our attorneys for assistance with civil dispute resolution in Berks County and beyond.
By Mahlon Boyer July 5, 2025
Explore how alternative dispute resolution (ADR) methods like mediation and arbitration help businesses resolve civil disputes efficiently, privately, and cost-effectively.
Pictured above, from left to right: Robert P. Grim, Esq., and Dr. Kenneth S. Hawkinson, university p
By Mahlon Boyer June 27, 2025
Robert Grim, Esq., was presented with the Kutztown University President’s Medal on Tuesday, June 24, for his commitment to service to Kutztown University and the local community.
Contact our Pennsylvania real estate attorneys for assistance with zoning laws and real estate.
By Mahlon Boyer June 25, 2025
Discover how zoning laws impact real estate development, including land use regulations, permit processes, and strategies for navigating local zoning challenges.
Contact our Pennsylvania municipal law attorneys for assistance with municipal law matters.
By Mahlon Boyer June 21, 2025
Learn how municipalities manage public funds through proper budget approval, financial oversight, and audit compliance to ensure transparency and legal accountability.
Contact our estate planning attorneys serving Pennsylvania.
By Mahlon Boyer June 14, 2025
Discover the importance of estate planning, including key benefits, why early planning matters, and the essential components of a comprehensive estate plan.
More Posts