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Legal Definitions - personal action
Definition of personal action
A personal action is a type of lawsuit initiated by one party against another to enforce a personal right or to seek compensation for a wrong that has affected them personally. Unlike actions that deal with the ownership or possession of specific property (like land or a unique item), a personal action focuses on the rights and obligations between individuals, often seeking monetary damages or the fulfillment of a contractual duty.
Here are some examples to illustrate this concept:
Example 1: Contract Dispute for Services
A graphic designer completes a logo design project for a client, but the client refuses to pay the agreed-upon fee. The designer files a lawsuit against the client to recover the unpaid amount. This is a personal action because the designer is seeking to enforce their personal right to be paid for services rendered under a contract, rather than claiming ownership of a specific piece of property.
Example 2: Personal Injury Claim
A cyclist is hit by a car due to the driver's negligence, resulting in medical bills, lost wages, and pain and suffering. The cyclist sues the driver for damages. This constitutes a personal action because the cyclist is seeking compensation for personal harm and losses they directly experienced, not for a dispute over the ownership of the car or any other specific asset.
Example 3: Defamation Lawsuit
A university professor sues a former colleague for spreading false and damaging statements about their professional competence, which led to the professor being denied a promotion. This is a personal action because the professor is seeking to protect their personal reputation and recover damages for the harm caused by the false statements, which is a personal right.
Simple Definition
A personal action is a lawsuit initiated by one party against another to enforce a personal right, recover personal property, or seek monetary damages. This type of legal proceeding focuses on the rights and liabilities between individuals or entities, rather than matters involving real estate.