Legal Definitions - private action

A private action, also known as a civil action, refers to a legal case initiated by one private party against another private party. Unlike criminal cases, which are brought by the government to punish offenses against society, a private action is filed to resolve disputes, enforce rights, or seek compensation for harm between individuals, businesses, or other non-governmental entities. The goal is typically to achieve a remedy for the wronged party, such as monetary damages, specific performance of a contract, or an injunction to stop certain behavior.

Here are some examples illustrating a private action:

• Contract Dispute: A small software development company, InnovateTech, signs a contract with a client, GlobalCorp, to build a custom application. InnovateTech completes the work on time, but GlobalCorp refuses to pay the final invoice, claiming the software doesn't meet their expectations, despite it fulfilling all contractual specifications.

  InnovateTech can initiate a private action against GlobalCorp for breach of contract. This is a private action because it involves two private entities (InnovateTech and GlobalCorp) disputing a contractual obligation, and the government is not involved as a party. InnovateTech would seek payment for the services rendered.

• Personal Injury Claim: Sarah is walking on a public sidewalk and trips over a broken section of pavement that the property owner, Mr. Henderson, was responsible for maintaining. She falls and breaks her wrist, incurring significant medical bills and lost wages.

  Sarah can file a private action against Mr. Henderson, alleging negligence for failing to maintain his property safely. This is a private action because it's an individual (Sarah) suing another individual (Mr. Henderson) for personal injury and damages, seeking compensation for her losses rather than a criminal penalty.

• Intellectual Property Infringement: A freelance graphic designer, Alex, discovers that a large clothing brand, Urban Threads, has used one of his original artwork designs on their new line of t-shirts without his permission or any licensing agreement.

  Alex can file a private action against Urban Threads for copyright infringement. This is a private action because it involves a private individual (Alex) asserting his intellectual property rights against a private company (Urban Threads), seeking remedies such as financial compensation for the unauthorized use of his work and an injunction to stop further sales of the infringing products.