Civil Procedure: Cause of Action

Cause of Action means the cause or the set of circumstances which leads up to an action in court. Cause of action also refers to every fact, which is necessary to the plaintif to prove in order to entitle him to an order or judgment in an action. It is in other words a bundle of essential facts, which was necessary for the plaintif to prove before he can succeed in an action.
The cause of action is a condition precedent to the commencement of an action and every claim must disclose a cause of action before the court will be able to proceed to adjudicate the dispute. If there is no cause of action, the court cannot provide any remedy. In the case of Government of Malaysia v Lim Kit Siang,Lord President, Tun Salleh Abas observed that " cause of action is a statement of facts alleging that a plaintif's right, either by law or by statue, has, in someway or another, been adversely affected or prejudiced by the act of defendant in an action".
In Letang v Cooper, the judge defined 'a cause of action' mean a factual situation, the existence of which entitles one person to obtain from the court a remedy against another person. Meanwhile, in Hock Hua Bank Bhd v Leong Yew Chin, Syed Agil Barakbah SCJ, observed that " a cause of action is simply a factual situation the existence of which entitle plaintif to obtain from the court a remedy against the defendant". A cause of action founded on contract accrues on its breach. In the case Board of Trade v Cayzer, Irvine & Co., the judge describe the cause of action as that which makes action possible. What makes possible an action founded on a contract is its breach. In other words, a cause of action founded on a contract accrues on its breach. In the case of actions founded on contract, therefore, time runs from breach. In the case of actions founded on any other right, time runs from the date on which right is infringed or there is a threat of infringement.