Difference between revisions of "Causes of Action (20:App G)"

{{LSLAP Manual TOC|expanded = smallclaims}}

The cause of action is the claimant’s reason for bringing a suit against the defendant. While there must always be a cause of action, in Small  Claims it is generally sufficient to cite the facts; Small Claims judges will take a liberal view of pleadings and allow litigants to assert claims in non-legalistic language. However, the judge must still be able to find a cause of action in the facts the claimant alleges. Potential claimants should therefore review the following, non-exhaustive list of causes of action to determine if they have a valid claim. Claimants may claim for more than one cause of action on a notice of claim and are advised to do so if they believe more than one cause of action applies or are not sure which one is valid; it is easier to name superfluous causes of action on the notice of claim than to get the claim amended after  filing it. The following causes of action may be brought in Small Claims unless the amount claimed is over $25 000 or it states otherwise in the list. They are organized into 3 categories: 1) common; 2) rare; 3) see a lawyer  

For each cause of action there are usually a number of possible defences. Both Claimants and Defendants should be aware of the defences. Below are defences to some of the more common causes of action.  

*'''Breach of Contract''' – Contract law governs voluntary relationships between parties. It is a complicated and nuanced area of the law. To bring a claim for breach of contract, a party must demonstrate that the other party failed to perform a contractual obligation. Depending on the type of term that is breached, the other party may be able to “terminate” the contract. Termination. Terms that go to the heart of a contract are usually called “conditions”. Breach of a condition by one party entitles the other party to terminate the contract and end their obligations. Less important terms are called “warranties”. Breach of a warranty does not give the other party a right to terminate. However, the party not in breach can still sue the other party for breach of contract.  

**'''Defences:''' As there likely will be some overlap between debt and breach of contract, see the defences above under breach of contract.   

*'''Breach of Confidence''' - Breach of confidence occurs when the defendant makes an unauthorized use of information that has a quality of  confidence about it and was entrusted to him/her by the claimant in circumstances giving rise to an obligation of confidence.   

*'''Unjust Enrichment''' – Where the defendant was enriched by committing a wrong against the claimant, the claimant suffered a corresponding loss, and there was no juristic reason for the enrichment.   

*'''Assault''' – Contrary to its criminal law equivalent, civil assault is defined as intentionally causing the claimant to have reasonable grounds to fear immediate physical harm. Mere words or verbal threats are not sufficient; there must be some sort of act or display that suggests the defendant intends to carry through with his or her threat; banging on a door or raising a fist may suffice.   

**'''Innocent misrepresentation''' – where the defendant made the untrue statement in the genuine belief that it was true. This form of misrepresentation is the easiest to prove, but it may only be claimed in contract law, so the remedy for a successful claim is always voidness  of the contract (rescission).  

Certain causes of action are outside the jurisdiction of Small Claims, including: