Gravamen refers to the essential element or main part of a legal dispute or claim. Often, lawsuits involve multiple claims and areas of dispute, but the gravamen refers to the primary issue. For example, a lawsuit for a product defect may include arguments regarding the extent of the damage and the maximum damages a person can receive, but the gravamen of the case is whether the manufacturer made a defective product that creates a legal claim. While the gravamen of the case is generally pretty clear, sometimes it is difficult to distinguish between the main part and secondary part of a dispute. For instance, cases involving the sale of goods and services can be unclear as to whether the primary part of the agreement is goods or services, and this often leads to litigation because the Uniform Commercial Code (UCC) governs the sale of goods but not sales.
[Last updated in January of 2022 by the Wex Definitions Team]