Causes of Action & Civil Defenses

Think of a lawsuit like a recipe for baking a pineapple cake. There are certain ingredients you must put in if the cake is to turn out right. If you’re trying to make a pineapple cake and don’t add any pineapple or pineapple flavoring, you’re not going to get a pineapple cake. You might get something else, and it might taste yummy, but it won’t be pineapple cake unless you add that essential ingredient.
The essential ingredients to a lawsuit are called the elements of causes of action. Every lawsuit must state at least one cause of action (e.g., breach of contract, negligence, fraud, etc.) that is recognized by the jurisdiction where it’s filed.
Each cause of action, in turn, requires certain ingredients to be included in the allegations of fact that purport to state the cause of action … ingredients we lawyers call the elements of that particular cause of action. Each cause of action, like each kind of cake, has different essential elements. That’s what this book explains.