Causes of Action in Maryland

Question 1

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

Answer 1

Breach of contract

Question 2

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

Answer 2

Specific Performance

Question 3

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

Answer 3

Recission

Question 4

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

Answer 4

Recission

Question 5

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

Answer 5

Recission

Question 6

Unjust Enrichment

Answer 6

Quantum Merit

Question 7

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

Answer 7

Quantum Merit

Question 8

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

Answer 8

Promissory Estoppel

Question 9

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

Answer 9

Promissory Estoppel

Question 10

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

Answer 10

Promissory Estoppel

Question 11

Can recover damages from the employer of a tortfeasor

Answer 11

Respondeat Superior

Question 12

Wrongdoer is employed by or the agent of the defendany

Answer 12

Respondeat Superior

Question 13

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

Answer 13

Respondeat Superior

Question 14

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

Answer 14

Respondeat Superior

Question 15

With respondeat Superior, whom can the plaintiff recover damages from

Answer 15

The employer of a tortfeasor

Question 16

With respondeat superior, what must the employee have done?

Answer 16

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

Question 17

Describe what must be alleged with assault

Answer 17

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

Question 18

Describe what must be proven to collect on battery

Answer 18

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

Question 19

What does battery require?

Answer 19

Intent

Question 20

A deprivation of personal liberty without consent or legal justification

Answer 20

False Imprisonment

Question 21

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

Answer 21

Intentional or reckless

Extreme and outrageous

Question 22

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

Answer 22

Causal Connection

Question 23

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

Answer 23

Trespass to land

Question 24

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

Answer 24

Trespass to Chattel

Question 25

How is Trespass to Chattel different from Conversion?

Answer 25

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

Question 26

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

Answer 26

Conversion

Question 27

What is required if lawfully taken?

Answer 27

Demand

Question 28

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

Answer 28

Conversion

Question 29

What can be requested with conversion?

Answer 29

Money Damages

Question 30

Action before judgement after a probable cause determination

Answer 30

Replevin

Question 31

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

Answer 31

Replevin

Question 32

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

Answer 32

Replevin

Question 33

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

Answer 33

Detinue

Question 34

Detinue is this

Answer 34

A full hearing with discovery

Question 35

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

Answer 35

Detinue

Question 36

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

Answer 36

Detinue

Question 37

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

Answer 37

Vehicle Tort

Question 38

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

Answer 38

Negligent Hiring or Retention

Question 39

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

Answer 39

Negligent Hiring or Retention

Question 40

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

Answer 40

Negligent Entrustment

Question 41

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

Answer 41

Negligent Entrustment

Question 42

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

Answer 42

Malpractice

Question 43

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

Answer 43

Intentional Misrepresentation

Question 44

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

Answer 44

Intentional Misrepresentation

Question 45

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

Answer 45

Intentional Misrepresentation

Question 46

The plaintiff relied with justification upon the misrepresentation

Answer 46

Intentional Misrepresentation

Question 47

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

Answer 47

Intentional Misrepresentation

Question 48

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

Answer 48

Negligent Misrepresentation

Question 49

What is needed to prove Negligent misrepresentation?

Answer 49

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

Question 50

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

Answer 50

Tortious interference with contractual relations

Question 51

Defamatory Communication, Provable falsity, fault harm

Answer 51

Defamation

Question 52

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

Answer 52

Fiduciary Duty

Question 53

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

Answer 53

Tortious conduct

Question 54

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

Answer 54

Too narrow a definition