Causes of action in civil litigation are specific claims provided by law that serve as the basis for parties to a lawsuit to recover money or property from each other—or to provide other legal or equitable relief, such as a court order requiring or prohibiting some act (injunctive relief). Examples of causes of action include breach of contract, fraud, breach of fiduciary duty, and negligence. Causes of action (also called claims) are usually located in a state or federal statute, or in court opinions (common law).
In Texas, causes of action in civil litigation are the legal grounds on which a plaintiff bases their lawsuit to seek remedies such as monetary compensation, restitution, or injunctive relief. These causes of action can arise from violations of state statutes, breaches of contracts, or torts such as negligence, fraud, or breach of fiduciary duty. Texas law, like other jurisdictions, also recognizes causes of action established by common law, which are developed through court decisions over time. For instance, breach of contract claims in Texas require the plaintiff to prove the existence of a valid contract, the plaintiff's performance or excuse for nonperformance, the defendant's breach of the contract, and resulting damages. Negligence claims require a duty owed by the defendant to the plaintiff, a breach of that duty, causation, and damages. It is important for parties involved in civil litigation to consult with an attorney to understand the specific elements and legal standards applicable to their case under Texas law.
