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Texas law recognizes a cause of action for breach of contract. The elements of a breach of contract claim are: 1) existence of a valid contract; 2) performance or tendered performance by the plaintiff; 3) material breach by the defendant; and 4) damages sustained by the plaintiff as a result of that breach.
Texas appellate courts have defined a cause of action as a plaintiff's primary right to relief and the defendant's act or omission that violates that right.
In many lawsuits there are several causes of action stated separately, such as fraud, breach of contract, and debt, or negligence and intentional destruction of property.
Cause of Action legal definition: Simply put, a cause of action is the basis of a lawsuit. A cause of action is based on legal grounds and allegations that together provide the elements required to file suit.
See State Bar of Texas, Texas Pattern Jury Charges PJC 2.1 (2012). ELEMENTS. Elements of a Negligence cause of action are: (1) Duty owed by defendant to plaintiff; (2) Breach of that duty; (3) Proximate cause of the plaintiff's damages by defendant's breach; and (4) Damages.
To establish a claim for conversion of property, a plaintiff must prove that (1) the plaintiff owned or had possession of the property or entitlement to possession; (2) the defendant unlawfully and without authorization assumed and exercised dominion or control over the property to the exclusion of, or inconsistent ...