Step 6.2 State the basis of the plaintiff's claim

State the cause of action or legal basis on which the plaintiff's claim relies.197 Include the jurisdiction in which the plaintiff can sustain that cause of action.198 Consider every possible combination of plaintiffs and defendants,199 since each combination may give rise to different claims and remedies.200 For example, you might list the cause of action against one defendant (D1) and a second defendant (D2) as follows.

sketch SKETCH

P v D1

  • the civil law of negligence of Australia
  • breach of contract made in NSW

P v D2

  • breach of section xx of the Australian legislative Corporations Law

Table 61: List the cause of action or legal basis of the claim

197 David Stott, Legal Research (1993) 23.

198 David Stott, Legal Research (1993) 23.

199 David Stott, Legal Research (1993) 23; Christopher S Enright, Studying Law (3rd ed, 1989) 468.

200 Christopher S Enright, Studying Law (3rd ed, 1989) 468.

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