Causes of Action in Maryland Flashcards
Existence of a contractual obligation and a material breach of that obligations is a
Breach of contract
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
Specific Performance
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
Recission
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
Recission
Exercised the right to rescind promptly and did not treat the contract as a continuing obligation
Recission
Unjust Enrichment
Quantum Merit
Valuable services were rendered, accepted, used and enjoyed, but did pay
Quantum Merit
A clear promise was made and the promisor reasonably expected his or her promises induce action or forbearance by the promisee
Promissory Estoppel
The promise induced actual and reasonable action of forbearance by the promisee
Promissory Estoppel
The resulting detriment can only be avoided by the enforcement of the promise
Promissory Estoppel
Can recover damages from the employer of a tortfeasor
Respondeat Superior
Wrongdoer is employed by or the agent of the defendany
Respondeat Superior
Employee or agent committed acts or omissions causing injuries or damages to others
Respondeat Superior
Employee or agent committed the acts or omissions within the scope of his or her employment or agency
Respondeat Superior
With respondeat Superior, whom can the plaintiff recover damages from
The employer of a tortfeasor
With respondeat superior, what must the employee have done?
Committed acts or omissions within the scope of his or her employment of the agency which caused injuries or damages to others
Describe what must be alleged with assault
He/she was intentionally threatened by the defendant, who possessed the apparent present ability to carry out that threat
Describe what must be proven to collect on battery
Intentional unpermitted touching of the body of another that is harmful or offensive to the person who was touched
What does battery require?
Intent
A deprivation of personal liberty without consent or legal justification
False Imprisonment
Describe the conduct of the tortfeasor to be able to sue for intentional infliction of emotional distress
Intentional or reckless
Extreme and outrageous
What must there be between the wrongful conduct and the plaintiff’s emotional distress for intentional infliction of emotional distress
Causal Connection
Entry upon land in an unlawful manner in the possession of another without permission
Trespass to land
A person without authority or justification intentionally dispossesses, uses, or interferes with a chattel in possession of another
Trespass to Chattel
How is Trespass to Chattel different from Conversion?
Interference with possession coupled with a hostile dominion or control exercised by the tortfeaser
The taking of personal property in possession of another with intention without permission or justification
Conversion
What is required if lawfully taken?
Demand
The plaintiff was in actual possession or is entitled to immediate possession of the chattel, and harm was done to the chattel
Conversion
What can be requested with conversion?
Money Damages
Action before judgement after a probable cause determination
Replevin
To obtain possession of personal property that is wrongfully detained by the defendent
Replevin
Seeking an order from a judge for defendant to return the property
Replevin
If probable cause is denied and replevin is impossible, the action should be what?
Detinue
Detinue is this
A full hearing with discovery
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
Detinue
Claim for return of the property or payment of its value and any claim for damages to the property of for its detention
Detinue
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
Vehicle Tort
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
Negligent Hiring or Retention
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
Negligent Hiring or Retention
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
Negligent Entrustment
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
Negligent Entrustment
A duty owed to the plaintiff, breach resulting in injury to the plaintiff, damages
Malpractice
Defendant asserted a false misrepresentation of a material fact to the plaintiff, knowing it was false
Intentional Misrepresentation
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
Intentional Misrepresentation
Defendant made the false representation for the purpose of defrauding the plaintiff
Intentional Misrepresentation
The plaintiff relied with justification upon the misrepresentation
Intentional Misrepresentation
Plaintiff suffered damages as a direct result of the reliance upon the misrepresentation
Intentional Misrepresentation
Negligent assertion of a false statement by the defendant owing a duty of care to the plaintiff
Negligent Misrepresentation
What is needed to prove Negligent misrepresentation?
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
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
Tortious interference with contractual relations
Defamatory Communication, Provable falsity, fault harm
Defamation
This exists when one party is under a duty to act or give advice for the benefit of another
Fiduciary Duty
A fiduciary who commits a breach of his or her duty as a fiduciary is guilty of this
Tortious conduct
A breach of fiduciary duty can have an intentionally vague definition to prevent this
Too narrow a definition
