A right of action is the legal right or remedy granted by law that allows a party to institute a lawsuit against someone who has committed a wrong or delict against them. It is also described as the right to file a suit.

This right is procedural in nature and depends on substantive law.

Generally, a right of action cannot exist without a cause of action being first established. The existence of a cause of action is the basis for a right of action to exist.

The elements of a right of action are:

• the existence of a cause of action or compliance with all conditions precedent, and
• the right to bring and maintain the action must belong to the person instituting it.

An exception exists under the doctrine of anticipatory breach, where an injured party may bring an action immediately if the obligor manifests a refusal to perform the contract, even if performance is not yet due.

Affirmative defenses, such as fraud, prescription, or estoppel, can affect the right of action.