Definitions from Black's Law Dictionary: 2nd Edition and Ballentine's Law Dictionary as are available for each term in each dictionary.
  • Ballentine's Law Dictionary

    That for which an action lies.

  • Black's Law Dictionary: 2nd Edition

    That for which an action wlll lie; furnishing legal ground for an action.
    —Actionable frand. Deception practiced in order to induce another to part with property or surrender some legai right; a false representation made with an intention to deceive; may be committed by stating what la 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. Marsh v. Falker, 40 N. Y. 575 ; Farrington v. Bullard, 40 Barb. (N. Y.) 512; Hecht v. Metzler, 14 Utah, 408, 48 Pac. 37, 60 Am. St Rep. 906; Sawyer v. Prickett, 19 Wall. 146, 22 L. Ed. 105.
    —Actionable misrepresentation. A false statement respecting a fact material to the contract and which is influential in procuring it. Wise v. Fuller, 29 N. J. Eq. 257.
    —Actionable negligence. The breach or nonperformance of a legal duty, through neglect or carelessness, resulting in damage or injury to another. Roddy v. Missouri Pac. R. Co.. 104 Mo. 234, 15 S. W. 1112. 12 In R. A. 746, 24 Am. St. Ren. 333; Boardman v. Creighton, 95 Me. 154, 49 Atl. 663; Hale v. Grand Trunk R. Co, 60 Vt. 605, 15 Atl. 300, 1 L. R. A. 187; Fidelity & Casualty Co. v. Cutts, 95 Me. 162, 49 Atl. 673.
    —Actionable nuisance. 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. Code Civ. Proc. Cal. § 731; Grandona v. Lovdal, 78 Cal. 611, 21 Pac. 366, 12 Am. St. Ren. 121; Caoper v. Overton, 102 Tenn. 211, 52 S, W. 183, 45 L. R. A. 591, 73 Am. St. Rep. 864.
    —Actionable words. In the law of libel and slander. Words which import a charge of some punishable crime or some offensive disease, or impute moral turpitude, or tend to injure a party in his trade or business, are said to be "actionable per se." Barnes v. Trundy. 31 Me. 321; Lemons v. Wells, 78 Kv. 117; May-rant v. Richardson, 1 Nott & McC. 347, 9 Am. Dec. 707; Cady v. Brooklyn Uhion Pub. Co.., 23 Misc. Rep. 409, 51 N. Y. Supp. 198.