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Civil litigation

causes of action

Causes of action in civil litigation are specific claims provided by law that serve as the basis for parties to a lawsuit to recover money or property from each other—or to provide other legal or equitable relief, such as a court order requiring or prohibiting some act (injunctive relief). Examples of causes of action include breach of contract, fraud, breach of fiduciary duty, and negligence. Causes of action (also called claims) are usually located in a state or federal statute, or in court opinions (common law).

In Montana, as in other states, causes of action in civil litigation are the legal grounds on which a plaintiff bases their lawsuit to seek remedies such as monetary compensation, restitution, or injunctive relief. Common causes of action include breach of contract, where one party fails to fulfill the terms of a contract; fraud, involving intentional deception to secure unfair or unlawful gain; breach of fiduciary duty, where an individual fails to act in the best interest of another whom they owe a duty to; and negligence, where a party's failure to exercise reasonable care causes harm to another. These claims can be found in Montana state statutes, such as the Montana Code Annotated, and are also derived from common law, which is law developed through court decisions over time. An attorney can help identify the specific causes of action that may apply in a particular case and the relevant statutes or case law that support them.

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Civil litigation

causes of action

Individual & Family Legal Plan

Articles

Montana State Code

Montana State Code

Civil litigation

causes of action

Articles