actionable


actionable
That for which an action will lie, furnishing legal ground for an action.
See also
@ actionable fraud
Deception practiced in order to induce another to part with property or surrender some legal right. A false representation made with an intention to deceive; such may be committed by stating what is known to be false or by professing knowledge of the truth of a statement which is false, but in either case, the essential ingredient is a falsehood uttered with intent to deceive.
To constitute "actionable fraud," it must appear that defendant made a material representation; that it was false; that when he made it he knew it was false, or made it recklessly without any knowledge of its truth and as a positive assertion; that he made it with intention that it should be acted on by plaintiff; that plaintiff acted in reliance on it; and that plaintiff thereby suffered injury. Vertes v. GAC Properties, Inc., D.C.Fla., 337 F.Supp. 256, 266.
Essential elements are representation, falsity, scienter, deception, reliance and injury.
See fraud
@ actionable misrepresentation
A false statement respecting a fact material to the contract and which is influential in procuring it.
See fraud
@ actionable negligence
The breach or nonperformance of a legal duty, through neglect or carelessness, resulting in damage or injury to another. It is failure of duty, omission of something which ought to have been done, or doing of something which ought not to have been done, or which reasonable man, guided by considerations which ordinarily regulate conduct of human affairs, would or would not do. Essential elements are failure to exercise due care, injury, or damage, and proximate cause.
@ actionable nuisance
Anything wrongfully done or permitted which injures or annoys another in the enjoyment of his legal rights. Miller v. City of Dayton, 70 Ohio App. 173, 41 N.E.2d 728, 730.
Anything injurious to health, or indecent, or offensive to the senses, or an obstruction to the free use of property so as to interfere with the comfortable enjoyment of life or property.
@ actionable per quod
/sekshsnabal par kwod/ Words actionable only on allegation and proof of special damage. Knapp v. Post Printing & Publishing Co., Ill Colo. 492, 144 P.2d 981, 984.
Words not actionable per se upon their face, but only in consequence of extrinsic facts showing circumstances under which they were said or the damages resulting to slandered party therefrom. Not injurious on their face in their usual and natural signification, but only so in consequence of extrinsic facts and requiring innuendo.
@ actionable per se
/"par siy/ Words in themselves libelous or slanderous. Knapp v. Post Printing & Publishing Co., Ill Colo. 492, 144 P.2d 981, 984.
Words which law presumes must actually, proximately and necessarily damage defendant for which general damages are recoverable and whose injurious character is a fact of common notoriety, established by the general consent of men, necessarily importing damage. Actions based on such words require no proof of damages. Words actionable per se include imputation of crime, a loathsome disease, unchastity, or words affecting plaintiffs business, trade, profession, office or calling.
@ actionable tort
A tort for which a cause of action exists. To constitute an "actionable tort," there must be a legal duty, imposed by statute or otherwise, owing by defendant to the one injured, and in the absence of such duty damage caused is "injury without wrong" or "damnum absque injuria." Coleman v. California Yearly Meeting of Friends Church, 27 Cal.App.2d 579, 81 P.2d 469, 470.
See tort
@ actionable words
In law of libel and slander, such words as naturally imply damage.
See libel
@ actionable wrong
A tort committed when a responsible person has neglected to use a reasonable degree of care for protection of another person from such injury as under existing circumstances should reasonably have been foreseen as a proximate consequence of that negligence
@

Black's law dictionary. . 1990.

Look at other dictionaries:

  • actionable — ac·tion·able / ak shə nə bəl/ adj: subject to or providing grounds for an action or suit at law slander is actionable Merriam Webster’s Dictionary of Law. Merriam Webster. 1996. actionable …   Law dictionary

  • actionable — ac‧tion‧a‧ble [ˈækʆnəbl] adjective if something is actionable, you can bring a case against someone in court about it: • The patient suffered no actionable injury. * * * actionable UK US /ˈækʃənəbl/ adjective ► LAW giving someone a good reason… …   Financial and business terms

  • Actionable — Ac tion*a*ble, a. [Cf. LL. actionabilis. See {Action}.] That may be the subject of an action or suit at law; as, to call a man a thief is actionable. [1913 Webster] …   The Collaborative International Dictionary of English

  • actionable — (adj.) 1590s; from ACTION (Cf. action) + ABLE (Cf. able) …   Etymology dictionary

  • actionable — ► ADJECTIVE Law ▪ giving sufficient reason to take legal action …   English terms dictionary

  • actionable — [ak′shənə bəl] adj. Law that gives cause for an action or lawsuit …   English World dictionary

  • Actionable — A business directive or investment strategy that can feasibly be accomplished in the near future. Company managers and investors try to identify things that are currently actionable, as they may be prerequisites toward accomplishing future goals… …   Investment dictionary

  • actionable — adjective 1 (not before noun) if something you say or do is actionable, it is so serious or damaging that a claim could be made against you in a court of law because of it: His allegations are actionable in my view. 2 (usually before noun) an… …   Longman dictionary of contemporary English

  • actionable — adjective /ˈæk.ʃən.nə.bəl/ a) Affording grounds for legal action. Im sure its not good of me to write that hes a lush, but is it actionable? b) Capable of being articulated as an action item or a set of action items. Clearly the libelous book is… …   Wiktionary

  • actionable — ac|tion|a|ble [ˈækʃənəbəl] adj law if something you say or do is actionable, it is so bad or damaging that a claim could be made against you in a court of law ▪ His remarks are actionable in my view …   Dictionary of contemporary English


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