What is a cause of action?

Imagine…

that you have bought a bottled sardines, upon opening you discovered a body of cockcroach stuffed inside…

that you rendered overtime services to your company.  As stated in your contract, the company has to pay you overtime services whenever you render authorize overtime.  But at the end of the month, you never got your overtime payment…

that you saw your kid being spank by his teacher…

What would you do?

Can you initiate a complaint against these persons?  Do you have a cause of action? What would be your cause of action?

For today, I learned the definition of a cause of action.

In the case of Development Bank of Rizal vs. Sima Wei, et al, 217 SCRA 743, a cause of action has been defined as,

An act or omission of one party in violation of the legal right or rights of another.  The essential elements are: 

1. legal right of the plaintiff 
2. correlative obligation of the defendant
3. an act or omission of the defendant in violation of said legal right

Now, how can I make this easy to recall? “Cause of Action” has 3 words.  Relate this with its 3 elements.  A cause of action has 3 elements.  Use codes: ROA OM. Right, obligation, act or omission.

So what are the examples of a cause of action? (more…)