· 2/28/1990
Board of Education v. Plymouth Rubber Co.
Citations
- 569 A.2d 1288
- 82 Md. App. 9
- 11 U.C.C. Rep. Serv. 2d (West) 43
- 1990 Md. App. LEXIS 31
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- “Under Maryland law, negligent breach of a contract, absent a duty or obligation imposed by a source independent of that arising out of the contract itself, is not enough to sustain an action sounding in tort”
- construction of contract is ordinarily considered to be an issue of law for resolution by trial judge but where there is legitimate doubt as to application under the circumstances, a question of fact is presented
- “Under Maryland law, negligent breach of contract, absent a duty or obligation imposed by a source independent of that arising out of the contract itself, is not enough to sustain an action sounding in tort”
- “Under Maryland law, negligent breach of contract, absent a duty or obligation imposed by a source independent of that arising out of the contract itself, is not enough to sustain an action sounding in tort”
- finding summary judgment improper because warranty provision was ambiguous
- applying section 5-101 to fraud and civil conspiracy claims
Source: CourtListener parenthetical corpus (CC0).
Judges: Moylan, Bishop, Alpert
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.