Maryland Motion for Summary Judgment by Plaintiff for Breach of Contract

State:
Multi-State
Control #:
US-01922BG
Format:
Word
Instant download

Description

Motions are formal requests for the court to take some sort of action. A motion for summary judgment is appropriate in situations where there are no important facts in dispute and the only dispute is how the law should be applied to the facts. If there is no dispute over the important facts of the case, there is nothing for the fact finder (e.g., a jury) to determine at a trial where the facts would be presented. The judge will therefore apply the law to the facts and render a judgment. That will be the end of the case unless there is an appeal. Generally, a motion for summary judgment is not made unless all discovery has been completed.


This form is a generic motion for summary judgment. The motion adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another.

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How to fill out Motion For Summary Judgment By Plaintiff For Breach Of Contract?

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FAQ

There are generally two types of remedy for breach of contract in Maryland: legal and equitable. Legal remedies include concepts of financial reimbursement that are calculated to make the non-breaching party whole again.

There are several remedies for breach of contract, such as award of damages, specific performance, rescission, andrestitution.

To sue for breach of contract, your attorney first has to show that an oral or written enforceable contract exists. To be enforceable, the agreement must have had: An offer ? by one party to perform an act or to refrain from performing the act. Acceptance ? of the offer by the other party.

In Maryland, summary judgment may only be granted if two conditions are met. First, the moving party must establish there is no genuine dispute as to any material fact. Second, the moving party must establish that it is entitled to judgment as a matter of law.

Maryland Courts and Judicial Proceedings Section 1-203 (a) Except as provided in subsection (b), no judge may during his term of office practice law, maintain an office for the practice of law, or have any interest in an office for the practice of law, whether conducted in whole or in part by himself or by others.

There are main three remedies which are suit for specific performance, liquidated damages and injunction.

A motion to alter or amend a judgment may be joined with a motion for new trial. A motion to alter or amend a judgment filed after the announcement or signing by the trial court of a judgment but before entry of the judgment on the docket shall be treated as filed on the same day as, but after, the entry on the docket.

Whether proceeding under section (c) or section (d) of this Rule, a party shall set forth by separate defenses: (1) and satisfaction, (2) merger of a claim by arbitration into an award, (3) assumption of risk, (4) collateral estoppel as a defense to a claim, (5) contributory negligence, (6) duress, (7) estoppel, ...

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Maryland Motion for Summary Judgment by Plaintiff for Breach of Contract