claim

Legal TermLegal glossary term

Legal Definition

A legal term referring to a right asserted by one party against another, typically seeking redress for a loss or injury. In contract law, it defines the specific cause of action brought forward in a lawsuit.

Plain-English Translation

Imagine 'claim' is when someone says, 'Here is what happened, and here is what you owe us.' It's the formal way to say that someone has suffered a loss or injury and demands compensation or remedy from the other party.

Context in Contracts

It matters because it establishes the basis for a legal action, defining what the plaintiff is seeking to recover from the defendant under contract or tort law.

Visual model

Understand claim fast

ELI10 illustration for claim
01

A claim for breach of contract damages.

02

A claim for negligence in tort law.

Document context

How claim shows up in legal documents

What is it?

A legal term representing a right asserted by one party against another, typically seeking redress for a loss or injury or a debt owed. In litigation, it is the specific cause of action brought forward to seek judicial relief.

Why does it matter?

It matters because it establishes the basis for a legal action, defining what the plaintiff is seeking to recover from the defendant under contract or tort law.

When does it matter?

When discussing the initiation of a lawsuit, the assertion of a right to compensation, or when analyzing the specific cause of action that forms the foundation of a legal claim.

Where is it usually seen?

In pleadings, legal briefs, settlement agreements, and formal complaints where one party formally asserts their right to damages or relief.

Who is affected?

The plaintiff (the injured party) is affected by it, as they are the one asserting the right; the defendant is affected by it in that they must respond to the claim.

How does it work?

A claim works by defining the specific legal basis for seeking recovery. It requires a plaintiff to articulate what loss or benefit they are demanding from the defendant.

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Wikipedia

Claim

Claim may refer to: Claim (legal) Claim of Right Act 1689 Claims-based identity Claim (philosophy) Land claim A main contention, see conclusion of law Patent claim The assertion of a proposition; see Douglas N. Walton A right Sequent, in mathematics Another...

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