Legal Definitions - primary allegation

A primary allegation refers to the central or most important claim made by one party against another in a legal dispute. It is the core accusation that forms the foundation of the case, even if other, supporting claims are also made. The outcome of the case often hinges on whether this primary allegation can be proven.

Here are some examples illustrating the concept of a primary allegation:

• Imagine a homeowner suing a construction company. The homeowner's main claim is that the company failed to complete the renovation project by the agreed-upon deadline, causing significant financial losses. In this scenario, the primary allegation is the construction company's breach of contract due to the missed deadline. While the homeowner might also allege poor workmanship or use of substandard materials, the core legal issue they are pursuing is the failure to complete the project on time.

• Consider a criminal case where an individual is accused of shoplifting. The prosecution's primary allegation is that the defendant unlawfully took merchandise from a store without paying for it, with the intent to permanently deprive the store of its property. There might be secondary allegations, such as resisting arrest or minor property damage during the incident, but the central charge that defines the case is the act of theft itself.

• In a personal injury lawsuit, a pedestrian who was hit by a car might file a claim against the driver. The pedestrian's primary allegation would be that the driver was negligent by failing to obey traffic laws or by driving carelessly, directly causing the accident and the pedestrian's injuries. All other claims, such as the extent of medical expenses or lost wages, stem from and support this central allegation of driver negligence.