Legal Definitions - ground of action

A ground of action refers to the specific legal reason or basis that allows an individual or entity to bring a lawsuit against another party. It is essentially the set of facts and legal principles that, when combined, demonstrate that a legal wrong has occurred and that the person bringing the suit is entitled to a remedy from the court. Without a valid ground of action, a lawsuit cannot proceed.

Here are a few examples illustrating what constitutes a ground of action:

• Example 1: Breach of Contract

  A small business owner hires a marketing agency to run a three-month digital advertising campaign, signing a contract that specifies the campaign's budget, target audience, and expected deliverables. After two months, the agency fails to launch any ads, provides no reports, and stops responding to the business owner's inquiries.

  In this scenario, the business owner has a ground of action for breach of contract. The facts (a signed agreement, the agency's failure to perform its contractual duties, and the resulting harm to the business) provide a valid legal basis to sue the marketing agency for damages or to compel them to fulfill their obligations.

• Example 2: Personal Injury due to Negligence

  A pedestrian is walking on a public sidewalk when they trip and fall over a large, unmarked pothole that city maintenance workers had been aware of for weeks but failed to repair or cordon off. The pedestrian suffers a broken ankle requiring surgery.

  The pedestrian has a ground of action based on negligence against the city. The facts (the city's duty to maintain safe public spaces, their knowledge of the hazard, their failure to act, and the pedestrian's resulting injury) provide the legal justification for the pedestrian to sue the city for medical expenses, lost wages, and pain and suffering.

• Example 3: Property Damage

  A homeowner discovers that their neighbor, while excavating for a new swimming pool, accidentally severed an underground water pipe that exclusively serves the homeowner's property, causing significant water damage to their foundation and yard.

  The homeowner has a ground of action for property damage against the neighbor. The facts (the neighbor's actions, the damage to the homeowner's property, and the resulting financial loss) provide the legal basis for the homeowner to seek compensation from the neighbor for the repairs and related expenses.