statement of claim

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A cause of action, in law, is a set of facts sufficient to justify a right to sue to obtain money, property, or the enforcement of a right against another party. The term also refers to the legal theory upon which a plaintiff brings suit (such as breach of contract, battery, or false imprisonment). The legal document which carries a claim is often called a 'statement of claim' in English law, or a 'complaint' in U.S. federal practice and in many U.S. states. It can be any communication notifying the party to whom it is addressed of an alleged fault which resulted in damages, often expressed in amount of money the receiving party should pay/reimburse.To pursue a cause of action, a plaintiff pleads or alleges facts in a complaint, the pleading that initiates a lawsuit. A cause of action generally encompasses both the legal theory (the legal wrong the plaintiff claims to have suffered) and the remedy (the relief a court is asked to grant). Often the facts or circumstances that entitle a person to seek judicial relief may create multiple causes of action. Although it is fairly straightforward to file a Statement of Claim in most jurisdictions, if it is not done properly, then the filing party may lose his case due to simple technicalities.
There are a number of specific causes of action, including: contract-based actions; statutory causes of action; torts such as assault, battery, invasion of privacy, fraud, slander, negligence, intentional infliction of emotional distress; and suits in equity such as unjust enrichment and quantum meruit.
The points a plaintiff must prove to win a given type of case are called the "elements" of that cause of action. For example, for a claim of negligence, the elements are: the (existence of a) duty, breach (of that duty), proximate cause (by that breach), and damages. If a complaint does not allege facts sufficient to support every element of a claim, the court, upon motion by the opposing party, may dismiss the complaint for failure to state a claim for which relief can be granted.
The defendant to a cause of action must file an "Answer" to the complaint in which the claims can be admitted or denied (including denial on the basis of insufficient information in the complaint to form a response). The answer may also contain counterclaims in which the "Counterclaim Plaintiff" states its own causes of action. Finally, the answer may contain affirmative defenses. Most defenses must be raised at the first possible opportunity either in the answer or by motion or are deemed waived. A few defenses, in particular a court's lack of subject matter jurisdiction, need not be pleaded and may be raised at any time.

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  1. DaniDee

    QLD Pleadings

    Current situation Statement of claim Defence & Counterclaim NNPD's Plaintiff files affidavits Defendant files affidavits Defendant requests amending defence & counter claim - court approves Seeking clarification: I am currently amending my defence and counterclaim, am I able to utilise content...
  2. J

    NSW Amended Statement of Claim

    Hi, does anyone have their Amended Statement of Clam posted by the registry/court before? Or received one posted from the registry/court? I filed it online a few days after the original was posted by registry/court, and was told by the registry that both have been sent on the same day + deem...
  3. J

    NSW Spelt name wrong on statement of claim. Judgement entered. What can you?

    Spelt name wrong (one letter)on statement of claim. Judgement entered. What can you do?
  4. S

    NSW Drafting pleadings in a statement of claim in tort

    Hi, I am new here and wondered if someone can answer my questions related to the statement of claim form 3B and the litigation process. My case is complex as it is in intentional torts however I have spent several months researching and I understand the difficulty in following court rules...
  5. A

    Notion of motion to dismiss statement of claim

    I'm writing to seek advice on my current legal matter. Posting from NSW. In 2019 I lodged a statement of claim against a person who stole and maliciously damaged my property. The statement of claim was struck out as the court didn't see it as a statement of claim; instead of keeping to the...
  6. J

    NSW Steps in statement of claim

    Can someone out linre the complete steps in lodging a statement of claim including which court and which forms to use etc. Thank you on advance.
  7. T

    VIC Amending a statement of claim

    I am a self-represented plaintiff, the defendant's solicitor asked me to amend parts of the statement of claim as they were "unintelligible" and so I did. Court said I have to get his consent, although I already had it written from him. He did not provide consent, so I have asked for relief to...
  8. E

    QLD Out of time - do I submit a statement of claim after misconduct tribunal?

    Hi Everyone, I've got a unique situation. I believe I am entitled to compensation due to somebody breaching their duty of care to me but the 3 year limitation period comes up next week and I'm yet to lodge a statement of claim with the court. I'm comfortable I satisfy all the elements to pursue...
  9. E

    QLD Form 46 Affidavit - Help with Originating Application?

    Dear law community, I've filled in the originating application and statement of claim. I've also filled in Form 46 however I'm not entirely sure on what to include on Form 46 as I've seen 2 examples. Example 1: The plaintiff serving the statement of claim to the respondent and swearing oath to...
  10. S

    QLD Hot mess resulting in Statement of Claim being served

    I took out a credit card for my parents in my name about 10 years ago. All payments came from their account at the same bank which can be shown from bank statements. My mother died but the card continued to be used and paid for by my father with my assistance when needed. In 2015, I changed...