survival of cause of action

survival of cause of action
A cause of action remaining effective notwithstanding death of plaintiff or defendant. 1 Am J2d Abat & R §§ 51 et seq.

Ballentine's law dictionary. . 1998.

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  • cause of action — A term difficult of precise definition, perhaps best defined as the fact or facts which establish or give rise to a right of action, in other words, give to a person a right to judicial relief. Fielder v Ohio Edison Co. 158 Ohio St 375, 109 NE2d… …   Ballentine's law dictionary

  • survival action — n: an action for the recovery of damages for injury to a fatally injured person that is brought by his or her personal representative compare wrongful death action ◇ A survival action depends on the existence of a cause of action that the… …   Law dictionary

  • survival statute — n: a statute that considers the cause of action for injury to a decedent as surviving his or her death and thereby permits survival actions – called also survival act; Merriam Webster’s Dictionary of Law. Merriam Webster. 1996. survival statute …   Law dictionary

  • survival statutes — Statutory provision for the survival, after death of the injured person, of certain causes of action for injury to the person whether death results from the injury or from some other cause. The cause of action which survives is for the wrong to… …   Black's law dictionary

  • survival actions — Term refers to actions for personal injuries which by statute survives death of injured person. Britt v. Sears, 150 Ind.App. 487, 277 N.E.2d 20, 23. An action or cause of action which does not become extinguished with the death of the party… …   Black's law dictionary

  • action — A judicial proceeding, either in law or in equity, to obtain relief at the hands of a court. A judicial remedy for the enforcement or protection of a right, or a legal proceeding in which a plaintiff claims against a defendant or fund the… …   Ballentine's law dictionary

  • survival acts — Statutes which provide for the survival of a cause of action notwithstanding the death of a party. 1 Am J2d Abat & R §§ 51 et seq …   Ballentine's law dictionary

  • survival statute — noun A statute that preserves for his estate a decedents cause of action for infliction of pain and suffering and related damages suffered up to the moment of death …   Wiktionary

  • general survival acts — Numerous statutes in the various states providing for survivorship of many causes of action that did not survive at common law, some of them providing in sweeping terms that all causes of action survive the death of either the person in whom the… …   Ballentine's law dictionary

  • Common-cause and special-cause — Type of variation Synonyms Common cause Chance cause Non assignable cause Noise Natural pattern Special cause Assignable cause Signal Unnatural pattern Common and special causes are the two distinct origins of variation in a process, as defined… …   Wikipedia

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