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Law > Causes of Action in Maryland > Flashcards

Causes of Action in Maryland Flashcards

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1
Q

Existence of a contractual obligation and a material breach of that obligations is a

A

Breach of contract

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2
Q

For this, a plaintiff must allege and prove:

  • Existence and breach of a valid and enforceable contract
  • Any necessary tender of performance was made and rejected or
  • Plaintiff is ready, willing, and able to perform
  • No adequate remedy at law
A

Specific Performance

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3
Q

He/she was induced into assenting to a contract as the result of fraud, negligent misrepresentation, undue influence, or duress, there was a material breach by the other party, or there was a mutual or unilateral mistake in contracting

A

Recission

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4
Q

Returned the consideration or was unconditionally willing to return the other party both the consideration that was given and any benefits received under the contract

A

Recission

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5
Q

Exercised the right to rescind promptly and did not treat the contract as a continuing obligation

A

Recission

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6
Q

Unjust Enrichment

A

Quantum Merit

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7
Q

Valuable services were rendered, accepted, used and enjoyed, but did pay

A

Quantum Merit

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8
Q

A clear promise was made and the promisor reasonably expected his or her promises induce action or forbearance by the promisee

A

Promissory Estoppel

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9
Q

The promise induced actual and reasonable action of forbearance by the promisee

A

Promissory Estoppel

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10
Q

The resulting detriment can only be avoided by the enforcement of the promise

A

Promissory Estoppel

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11
Q

Can recover damages from the employer of a tortfeasor

A

Respondeat Superior

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12
Q

Wrongdoer is employed by or the agent of the defendany

A

Respondeat Superior

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13
Q

Employee or agent committed acts or omissions causing injuries or damages to others

A

Respondeat Superior

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14
Q

Employee or agent committed the acts or omissions within the scope of his or her employment or agency

A

Respondeat Superior

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15
Q

With respondeat Superior, whom can the plaintiff recover damages from

A

The employer of a tortfeasor

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16
Q

With respondeat superior, what must the employee have done?

A

Committed acts or omissions within the scope of his or her employment of the agency which caused injuries or damages to others

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17
Q

Describe what must be alleged with assault

A

He/she was intentionally threatened by the defendant, who possessed the apparent present ability to carry out that threat

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18
Q

Describe what must be proven to collect on battery

A

Intentional unpermitted touching of the body of another that is harmful or offensive to the person who was touched

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19
Q

What does battery require?

A

Intent

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20
Q

A deprivation of personal liberty without consent or legal justification

A

False Imprisonment

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21
Q

Describe the conduct of the tortfeasor to be able to sue for intentional infliction of emotional distress

A

Intentional or reckless

Extreme and outrageous

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22
Q

What must there be between the wrongful conduct and the plaintiff’s emotional distress for intentional infliction of emotional distress

A

Causal Connection

23
Q

Entry upon land in an unlawful manner in the possession of another without permission

A

Trespass to land

24
Q

A person without authority or justification intentionally dispossesses, uses, or interferes with a chattel in possession of another

A

Trespass to Chattel

25
Q

How is Trespass to Chattel different from Conversion?

A

Interference with possession coupled with a hostile dominion or control exercised by the tortfeaser

26
Q

The taking of personal property in possession of another with intention without permission or justification

A

Conversion

27
Q

What is required if lawfully taken?

A

Demand

28
Q

The plaintiff was in actual possession or is entitled to immediate possession of the chattel, and harm was done to the chattel

A

Conversion

29
Q

What can be requested with conversion?

A

Money Damages

30
Q

Action before judgement after a probable cause determination

A

Replevin

31
Q

To obtain possession of personal property that is wrongfully detained by the defendent

A

Replevin

32
Q

Seeking an order from a judge for defendant to return the property

A

Replevin

33
Q

If probable cause is denied and replevin is impossible, the action should be what?

A

Detinue

34
Q

Detinue is this

A

A full hearing with discovery

35
Q

This applies to recovery of personal property unjustly obtained by one who acquired possession of that property either by wrongfully taking or rightfully taking the property, but wrongfully detaining it

A

Detinue

36
Q

Claim for return of the property or payment of its value and any claim for damages to the property of for its detention

A

Detinue

37
Q

A duty of the defendant to conform to a certain standard of care for the protection of the plaintiff, a breach of that duty, actual loss or damage resulting from that breach, and the loss or injury proximately resulted from the breach

A

Vehicle Tort

38
Q

Employment relationship existed between the employer and the offending employee, act or omission caused by employee’s act or omission, employer knew or should have known by the exercise of diligence and reasonable care that the employee was capable of inflicting harm of some type

A

Negligent Hiring or Retention

39
Q

Employer failed to use proper care in selecting, supervising, or retaining that employee, and employer’s breach of duty likewise proximately caused the plaintiff’s injuries

A

Negligent Hiring or Retention

40
Q

Entruster supplied the chattel for the use of the entrustee, knew or had reason to know that the entrustee, because of youth, inexperience, or otherwise, would be likely to use the chattel in a manner involving unreasonable risk of physical harm

A

Negligent Entrustment

41
Q

Entruster knew or had reason to know that those who were at risk of harm would be the entrustee, or other persons whom the entruster should expect to share in or be endangered by the use of the chattel

A

Negligent Entrustment

42
Q

A duty owed to the plaintiff, breach resulting in injury to the plaintiff, damages

A

Malpractice

43
Q

Defendant asserted a false misrepresentation of a material fact to the plaintiff, knowing it was false

A

Intentional Misrepresentation

44
Q

Defendant made a false misrepresentation with such reckless disregard for the truth that knowledge of the falsity of the statement can be imputed to the defendant

A

Intentional Misrepresentation

45
Q

Defendant made the false representation for the purpose of defrauding the plaintiff

A

Intentional Misrepresentation

46
Q

The plaintiff relied with justification upon the misrepresentation

A

Intentional Misrepresentation

47
Q

Plaintiff suffered damages as a direct result of the reliance upon the misrepresentation

A

Intentional Misrepresentation

48
Q

Negligent assertion of a false statement by the defendant owing a duty of care to the plaintiff

A

Negligent Misrepresentation

49
Q

What is needed to prove Negligent misrepresentation?

A

Intention of the defendant for the plaintiff to act or rely
Knowledge of the defendant that the plaintiff will probably rely
Justifiable action by the plaintiff in reliance
Incurring of damages caused by the defendant’s negligence

50
Q

Existence of a contract, knowledge by the defendant of the contract, intentional and improper inducement of a breach, and the 3rd party’s subsequent breach of said contract

A

Tortious interference with contractual relations

51
Q

Defamatory Communication, Provable falsity, fault harm

A

Defamation

52
Q

This exists when one party is under a duty to act or give advice for the benefit of another

A

Fiduciary Duty

53
Q

A fiduciary who commits a breach of his or her duty as a fiduciary is guilty of this

A

Tortious conduct

54
Q

A breach of fiduciary duty can have an intentionally vague definition to prevent this

A

Too narrow a definition

Law (13 decks)

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