Legal Definitions - common suit

A common suit refers to a civil lawsuit brought by one private party against another private party. Historically, this term distinguished such cases from those involving the government or criminal matters. Essentially, it is a legal dispute between individuals, businesses, or other non-governmental entities seeking a legal remedy, such as monetary compensation or a court order, for a perceived wrong or disagreement.

• Example 1: Contract Dispute

  Imagine a scenario where "Tech Solutions Inc." hired "BuildRight Construction" to renovate its office space. The contract specified a completion date and a certain quality of materials. BuildRight Construction finished the project two months late and used substandard materials, causing Tech Solutions Inc. financial losses and operational disruptions. Tech Solutions Inc. decides to file a lawsuit against BuildRight Construction for breach of contract.

  This situation illustrates a common suit because it is a civil legal action initiated by one private company (Tech Solutions Inc.) against another private company (BuildRight Construction) to resolve a dispute arising from a contractual agreement, seeking compensation for damages incurred. It does not involve the government as a party or allege a criminal offense.

• Example 2: Personal Injury Claim

  Consider a situation where Maria was walking on a public sidewalk and tripped over a loose paving stone, suffering a broken ankle. She believes the property owner, Mr. Davies, was negligent in maintaining the sidewalk adjacent to his building. Maria files a lawsuit against Mr. Davies to recover her medical expenses, lost wages, and pain and suffering.

  This is an example of a common suit because it involves one private individual (Maria) suing another private individual (Mr. Davies) in a civil court. The purpose of the lawsuit is to seek compensation for personal injury and damages, rather than to pursue criminal charges brought by the state.

• Example 3: Property Boundary Dispute

  Suppose two neighbors, the Chen family and the Miller family, have a disagreement over the exact location of their shared property line. The dispute escalates when the Millers begin constructing a new fence that the Chens believe encroaches onto their land. After attempts to resolve the issue amicably fail, the Chens file a lawsuit asking the court to officially determine the correct property boundary and order the Millers to remove the encroaching part of the fence.

  This scenario represents a common suit because it is a civil legal action between two private parties (the Chen family and the Miller family) concerning their respective property rights. They are seeking a court's judgment to resolve their dispute over land ownership and boundaries, without the involvement of government prosecution or criminal allegations.