Maryland Complaint for Breach of Contract, Emotional distress, Misrepresentation of House Condition
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How to fill out Complaint For Breach Of Contract, Emotional Distress, Misrepresentation Of House Condition?
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Compensatory and liquidated damages ? to restore you to roughly the same position as before the breach. Punitive damages ? for a severe breach, awarded on top of any other damages sought in court. Specific performance remedy ? for when a financial payment isn't enough to put you in the before-contract position.
A breach occurs if a party without legal excuse fails to perform an obligation in a timely manner, repudiates a contract, or exceeds a contractual use term, or otherwise is not in compliance with an obligation placed on it by this title or the agreement.
Freeman,20 the court deter- mined that liability was established when four elements were shown: (a) that the defendant had knowingly made a false representation; (b) that the misrepresentation was made with an intent to induce the plaintiff to enter a contract; (c) that the plaintiff entered the contract in reliance ...
[9] The motion judge also identified the correct legal test for negligent misrepresentation, which requires a plaintiff to show that (1) there is a ?special relationship? between the person making the statement and the person hearing it; (2) it is reasonable for the person hearing the statement to rely on it; (3) the ...
The elements of the tort of intentional infliction of emotional distress in Maryland are: (1) the conduct is intentional or reckless; (2) the conduct is extreme and outrageous; (3) there is a causal connection between the wrongful conduct and the emotional distress; and (4) the emotional distress is severe.
In order to prove negligence you have to show that there was a duty between the person who caused the accident and the person who was injured and that person has breached that duty through their actions and that that breach of activity was the approximate cause or closely related to the damages and that there was ...
The elements of a claim for negligent misrepresentations consist of (a) a misrepresentation of a past or existing material fact, (b) without reasonable grounds for believing it to be true, (c) with intent to induce another's reliance on the fact misrepresented, (d) ignorance of the truth and justifiable reliance ...
(1) there must be a duty of care based on a ?special relationship? between the representor and representee; (2) the representation must be untrue, inaccurate or misleading; (3) the representor must have acted negligently in making the representation; (4) the representee must have relied, in a reasonable manner, on the ...