Legal Definitions - separate action

A separate action refers to a lawsuit or legal proceeding that is distinct and independent from another, even if the two cases involve some of the same parties or related circumstances. Instead of combining all claims into a single lawsuit, certain issues or disputes are pursued in their own individual legal cases.

• Example 1: Divorce and Business Valuation

  A couple is going through a divorce, which is one legal action. However, because one spouse owns a complex business, the valuation and division of that business's assets and equity might be deemed too complicated or time-consuming to resolve within the standard divorce proceedings. The court might decide, or the parties might agree, to handle the business valuation and division as a separate action. This means the divorce itself can proceed to finalization, while the specific financial dispute regarding the business is litigated independently in its own lawsuit.

  How it illustrates the term: The business valuation is a distinct legal case, separate from the main divorce action, even though both involve the same parties and stem from their marital dissolution.

• Example 2: Car Accident and Product Liability

  Imagine a driver is involved in a serious car accident caused by another negligent driver. The injured driver files a lawsuit against the at-fault driver for personal injuries and property damage. During the investigation, it's discovered that a critical safety component in the injured driver's own car failed, potentially worsening their injuries. The injured driver might then initiate a separate action against the car manufacturer, alleging product liability for the faulty component. This second lawsuit is distinct from the first one against the negligent driver.

  How it illustrates the term: While both lawsuits arise from the same car accident, the claim against the negligent driver is one action, and the claim against the car manufacturer for a defective product is a completely independent, separate action.

• Example 3: Breach of Contract and Fraud

  A small business owner sues a supplier for breach of contract because the supplier failed to deliver goods as agreed. This is one legal action. Later, during discovery for that contract dispute, the business owner uncovers evidence that the supplier intentionally misrepresented the quality of the goods from the outset, constituting fraud. Instead of trying to amend the existing breach of contract lawsuit, the business owner might choose to file a separate action specifically alleging fraud. This allows the fraud claim, which has different legal elements and potential remedies, to be pursued independently.

  How it illustrates the term: The fraud claim, though related to the same transaction, is pursued in its own distinct lawsuit, separate from the initial breach of contract action.