- actionable
- That for which an action will lie, furnishing legal ground for an action.See cause of actionSee also@ actionable fraudDeception 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.See fraud@ actionable misrepresentationA false statement respecting a fact material to the contract and which is influential in procuring it.See fraud@ actionable negligenceThe 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.See negligence@ actionable nuisanceAnything 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.See nuisance@ 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.See libelous per se@ actionable tortA 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 wordsIn law of libel and slander, such words as naturally imply damage.See libel- slander@ actionable wrongA 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. HENRY CAMPBELL BLACK, M. A.. 1990.
