Legal Definitions - new cause of action

A cause of action is the legal basis or set of facts that allows a person or entity to bring a lawsuit against another. It outlines the specific legal wrong that has occurred and the legal right to seek a remedy from the court.

A new cause of action refers to adding a distinct legal claim or theory to an existing lawsuit, or initiating a lawsuit based on a legal right that was not previously asserted. This typically occurs when new facts come to light, or when a party realizes they have an additional, separate legal basis to seek relief from the court, beyond what was initially claimed. It's not just adding more details to an existing claim, but introducing a fundamentally different legal reason for suing.

• Example 1: Personal Injury - Car Accident

  Imagine a driver, Sarah, initially sues another driver, Mark, for negligence after a car accident, claiming Mark ran a red light. During the discovery phase of the lawsuit, Sarah's legal team uncovers evidence that Mark was not only negligent but was also driving a company vehicle while performing duties for his employer at the time of the crash.

  Sarah could then introduce a new cause of action against Mark's employer for "vicarious liability." This is new because it introduces a different legal theory (holding an employer responsible for an employee's actions) and potentially a new party (the employer) based on newly discovered facts, distinct from the original negligence claim against Mark himself.

• Example 2: Construction Contract Dispute

  Consider a homeowner, David, who sues a contractor for breach of contract because the contractor failed to complete a bathroom renovation by the agreed-upon deadline. As the lawsuit progresses, David discovers that the contractor also used substandard, non-waterproof drywall in the shower area, which was not specified in the contract and is now showing signs of mold and damage.

  David could then add a new cause of action for "breach of implied warranty of fitness for a particular purpose" or "negligent construction" related to the drywall issues. This is a new cause of action because it's a separate legal claim concerning different aspects of the work (quality of materials/workmanship vs. timeliness of completion) and potentially different types of damages, distinct from the original claim about project deadlines.

• Example 3: Business Partnership Dispute

  Suppose two business partners, Emily and Ben, are in a lawsuit where Emily initially sues Ben for breach of their partnership agreement, alleging he failed to contribute his agreed-upon share of capital. During the legal process, Emily discovers that Ben also secretly started a competing business using the partnership's confidential client list and trade secrets.

  Emily could then add a new cause of action for "breach of fiduciary duty" or "misappropriation of trade secrets." This is a new cause of action because it involves a different legal obligation (loyalty and trust between partners vs. contractual terms) and a different set of facts (using confidential information for personal gain vs. failing to contribute capital), even though it involves the same parties.