Legal Definitions - action, right of

The right of action refers to a person's legal entitlement to initiate a lawsuit in a court of law. It means that an individual or entity has suffered a harm or has a grievance that the law recognizes as valid, thereby granting them the ability to seek a legal remedy or resolution through the judicial system.

Here are some examples illustrating the right of action:

• Imagine a small business owner who contracts with a web design company to build a new e-commerce site. The contract specifies a launch date and certain functionalities. The web design company misses the deadline by several months and delivers a site that is incomplete and buggy, causing the business owner to lose significant sales. In this scenario, the business owner has a right of action against the web design company for breach of contract.

  This illustrates the term because the web design company's failure to uphold their end of the contract caused a recognized harm (lost sales and a non-functional website), giving the business owner the legal standing to sue for damages or specific performance.

• Consider a pedestrian who is seriously injured when a driver, distracted by their phone, runs a red light and hits them. The pedestrian incurs substantial medical bills, loses income due to being unable to work, and experiences significant pain and suffering. The injured pedestrian has a right of action against the negligent driver.

  This demonstrates the term because the driver's negligent act (running a red light while distracted) directly caused the pedestrian's injuries and financial losses. The law recognizes this type of harm, granting the pedestrian the legal ability to pursue a personal injury lawsuit to recover compensation.

• Suppose a tenant discovers that their landlord has been illegally entering their apartment without notice, violating their privacy rights as outlined in their lease agreement and local housing laws. The tenant feels their privacy has been invaded and their living situation made uncomfortable. This tenant would have a right of action against the landlord.

  This example shows the term in action because the landlord's unauthorized entries constitute a violation of the tenant's legal and contractual rights to privacy. This recognized legal wrong provides the tenant with the entitlement to bring a lawsuit to stop the landlord's behavior or seek compensation for the invasion of privacy.