Legal Definitions - right of action

A right of action refers to the legal entitlement an individual or entity possesses to initiate a lawsuit in court. It is the ability to bring a specific claim before a judge or jury to seek a remedy for a wrong or to enforce a legal right.

Here are some examples illustrating the concept of a right of action:

• Example 1: Breach of Contract

  A freelance graphic designer completes a logo design project for a client, fulfilling all terms outlined in their written agreement. However, the client refuses to pay the agreed-upon fee. The graphic designer has a right of action to sue the client for breach of contract to recover the unpaid amount.

  Explanation: The designer's legal entitlement to seek payment for services rendered, which was violated by the client's non-payment, gives them the ability to bring a lawsuit to enforce the contract.

• Example 2: Personal Injury

  While walking on a public sidewalk, a pedestrian trips and falls due to a poorly maintained section of pavement, suffering a broken ankle. The city government is responsible for maintaining public walkways. The injured pedestrian has a right of action to sue the city for negligence to seek compensation for medical expenses, lost wages, and pain and suffering.

  Explanation: The pedestrian's injury, allegedly caused by the city's failure to maintain safe public property, creates a legal basis for them to pursue a claim in court against the responsible party.

• Example 3: Property Dispute

  A homeowner discovers that a new fence erected by their neighbor encroaches several feet onto their property, according to a recent land survey. Despite attempts to resolve the issue amicably, the neighbor refuses to move the fence. The homeowner has a right of action to file a lawsuit to compel the neighbor to remove the encroaching structure and potentially seek damages for trespass.

  Explanation: The homeowner's property rights have been violated by the encroachment, granting them the legal ability to take their neighbor to court to protect their land ownership and resolve the boundary dispute.