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Ac Enterprise Vs Frabelle

A cause of action has three elements: (1) the plaintiff has a right under the law, (2) the defendant has an obligation to respect that right, and (3) the defendant violated or breached that right. To determine if a cause of action is stated, a court examines only the complaint to see if the facts alleged, if true, would entitle the plaintiff to relief. The complaint should not be dismissed if the allegations provide a sufficient basis for the case, regardless of possible defenses.

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Zarah Maglines
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557 views1 page

Ac Enterprise Vs Frabelle

A cause of action has three elements: (1) the plaintiff has a right under the law, (2) the defendant has an obligation to respect that right, and (3) the defendant violated or breached that right. To determine if a cause of action is stated, a court examines only the complaint to see if the facts alleged, if true, would entitle the plaintiff to relief. The complaint should not be dismissed if the allegations provide a sufficient basis for the case, regardless of possible defenses.

Uploaded by

Zarah Maglines
Copyright
© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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Cause of Action

Elements Of Cause Of Action


A cause of action is the act or omission by which a party violates a right of another. A cause of action exists if the following elements are present: (1) a right in favor of the plaintiff by whatever means and under whatever law it arises or is created;

(2) an obligation on the part of the named defendant to respect or not to violate such right; and

(3) an act or omission on the part of such defendant violative of the right of plaintiff or constituting a breach of the obligation of defendant to plaintiff for which the latter may maintain an action for recovery of damages.

The fundamental test for failure to state a cause of action is whether, admitting the veracity of what appears on the face and within the four corners of the complaint, plaintiff is entitled to the relief prayed for. Stated otherwise, may the court render a valid judgment upon the facts alleged therein? Indeed, the inquiry is into the sufficiency, not the veracity of the material allegations. If the allegations in the complaint furnish sufficient basis on which it can be maintained, it should not be dismissed regardless of the defenses that may be presented by defendants. (AC Enterprise vs. Frabelle Properties Corp. G.R. No. 166744. November 2, 2006, Callejo, J).

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