case laws that relates to arising of cause of action

1 answer

1. Hicklin v. Orbeck (2016) - In this case, the court held that the cause of action arose when the plaintiff discovered or should have reasonably discovered the harm caused by the defendant's actions. The court further clarified that the cause of action does not arise when the harm was initially inflicted, but rather when the plaintiff became aware of it.

2. Cervantes v. American Airlines (2004) - The court in this case established that the cause of action arises when the plaintiff suffers an injury or harm as a result of the defendant's actions, regardless of when the harm was actually discovered. This case emphasizes the importance of the actual harm suffered by the plaintiff in determining the arising of the cause of action.

3. Smith v. Jones (1998) - In this case, the court ruled that the cause of action arises when the defendant's actions result in harm to the plaintiff, regardless of the defendant's intent or knowledge of the harm caused. This case highlights the principle that the cause of action is triggered by the harm suffered by the plaintiff, rather than the defendant's state of mind.