What's the Difference Between Issues and Causes of Action?

The terms "issue" and "cause of action" are often used interchangeably in legal contexts, but they have distinct meanings in the Code of Civil Procedure (CPC).

Issue refers to any question of fact or law which is material to the decision of a case. It is a broader term than cause of action, and can include questions such as:

• Whether the defendant committed the act or omission alleged by the plaintiff.
• Whether the plaintiff suffered any damages as a result of the defendant's actions.
• Whether the defendant has any valid defenses to the plaintiff's claim.

Cause of action, on the other hand, is a legal claim that is enforceable in court. It consists of a set of facts that, if proven, would entitle the plaintiff to judgment. For example, a cause of action for breach of contract might include the following facts:

• The parties entered into a contract.
• The defendant breached the contract.
• The plaintiff suffered damages as a result of the defendant's breach.

In order to succeed in a lawsuit, the plaintiff must prove both the issues and the cause of action. However, the two are not the same thing. Issues are the questions that the court needs to answer in order to decide the case, while the cause of action is the legal claim that the plaintiff is making.

Here is an example to illustrate the difference between issue and cause of action:

Facts:

• The plaintiff and defendant entered into a contract for the sale of a house.
• The defendant breached the contract by failing to close on the sale.
• The plaintiff suffered damages as a result of the defendant's breach.

Issue:

• Did the defendant breach the contract?

Cause of action:

• Breach of contract.

In this case, the issue is whether the defendant breached the contract. This is a question of fact that the court needs to answer in order to decide the case. If the court finds that the defendant did breach the contract, then the plaintiff will have succeeded in proving their cause of action for breach of contract.

It is important to note that the CPC does not explicitly define the terms "issue" and "cause of action". However, the courts have developed a number of decisions that explain the difference between the two terms.