petitioner and respondent dated for several months until petitioner ended the relationship in january 2013 during the latter part of that month respondent returned a fire pit that belonged to petitioner placing it in her backyard
Failure to state cause of action is the single most common reason for lawsuits to get dismissed. 1. What specifically is cause of action. 2. Where in a basis of lawsuit should it be? 3. Any tips on the wording??
Cause in Fact. The negligent act must be the actual cause of the injuries. This is usually proven by the but-for test. But for the negligent conduct, there would be no injury or loss sustained by the other person.For example, but for the driver speeding, there would be no accident or injuries.reach of Duty. Negligence requires a breach of the duty to exercise due care. This occurs when a person actually knew that he was putting someone at risk or when a reasonable person in the same situation would have foreseen the risk to others.