CAUSE OF ACTION

While out in the club, Pato beat up Mato. They had been having their issues; oba whose woman, whose money, whose deal. Mato sustained some serious injuries and decided to take Pato to court over assault.

WHAT IS A CAUSE OF ACTION?

A Cause of action is the legal claim or reason why one party may take another to court. A Cause of action can include actual bodily harm or injury to a person (assault) like in the case of Mato vs Pato, defamation, negligence, breach of contract among others. In the case of Mato v Pato, assault or actual bodily injury to Mato is the claim that may be raised as a cause of action. For a claim to arise and be raised as a cause of action in court, there are three major tests;

1. There must have been a person who has and enjoys a right to something. In Mato vs Pato, Mato has a right to life that may have been harmed.
2. One person’s right must have been violated: Mato’s right to life.
3. There must be a violator of one’s right who is then taken to court. Pato violated Mato’s right to
life and is taken to court for causing actual bodily harm or assaulting Mato.

A cause of action as a legal claim is raised in civil court where there is a raised dispute between two private people.

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