This form is a listing of various Causes of Action. This form lists a variety of lawsuits which may be filed against a tortfeasor.
Massachusetts List of Causes of Action
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The plaintiff in a breach of contract case must prove that the defendant failed to perform in ance with the contract, and must do so with "substantial certainty" in identifying the term that was breached. The plaintiff must also prove that the breach created actionable damages.
Cause of action. (15c) A group of operative facts giving rise to one or more bases for suing; a factual situation that entitles one person to obtain a remedy in court from another person; claim [after the crash, Aronson had a cause of action].
The abuse of process doctrine provides courts with the authority to order that a proceeding be stayed on the basis that they are unfair or otherwise sufficiently undermine the integrity of the judicial system.
Abuse of process refers to the improper use of a civil or criminal legal procedure for an unintended, malicious, or perverse reason. It is the malicious and deliberate misuse of regularly issued civil or criminal court process that is not justified by the underlying legal action.
Examples of special (or economic) damages include: Medical bills and expenses. Lost wages and other missed income. Compensation for the loss of irreplaceable property.
The elements of a valid cause of action for abuse of process in most common law jurisdictions are as follows: (1) the existence of an ulterior purpose or motive underlying the use of process, and (2) some act in the use of the legal process not proper in the regular prosecution of the proceedings.
He observed that the elements of the tort of abuse of process have been described as: (i) a collateral and improper purpose; (ii) an overt act; and (iii) resulting loss.
The essential elements of the tort of abuse of process are that: "(1) `process' was used; (2) for an ulterior or illegitimate purpose; (3) resulting in damage." Jones v.