foundational element claim (Maryland) · Go Syfert
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foundational element claim in Maryland

5 Maryland opinions name it 2 courts 2012–2015 0 in the last five years

The cases below were cited by Maryland courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

CaseFollowedCited
Ashburn v. Anne Arundel Countygreen
md · 1986 · cited in 3 Maryland opinions naming this issue, 2012–2013
2 sentences

2013“Duty is a foundational element in a claim of negligence because, as we have said, ‘negligence is a breach of a duty owed to one, and absent that duty, there can be no negligence.’” Barclay v. Briscoe, 427 Md. 270, 293 , 47 A.3d 560 (2012) (quoting Ashburn v. Anne Arundel County, 306 Md. 617, 627 , 510 A.2d 1078 (1986)).

2013“Duty is a foundational element in a claim of negligence because, as we have said, ‘negligence is a breach of a duty owed to one, and absent that duty, there can be no negligence.’” Barclay v. Briscoe, 427 Md. 270, 293 , 47 A.3d 560 (2012) (quoting Ashburn v. Anne Arundel County, 306 Md. 617, 627 , 510 A.2d 1078 (1986)).

23
Pendleton v. Stategreen
md · 2007 · cited in 3 Maryland opinions naming this issue, 2012–2013
2 sentences

2012We shall hold that the trial court was legally correct in its dismissal, and therefore affirm under the reasoning discussed, infra. DISCUSSION Duty is a foundational element in a claim of negligence because, as we have said, “negligence is a breach of a duty owed to one, and absent that duty, there can be no negligence.” Ash burn v. Anne Arundel County, 306 Md. 617, 627 , 510 A.2d 1078, 1083 (1986); accord Pendleton, 398 Md. at 461 , 921 A.2d at 204 (“[W]hen analyzing a negligence action it is customary to begin with whether a legally cognizable duty exists.” (citations omitted)); Bobo, 346 Md

2012We shall hold that the trial court was legally correct in its dismissal, and therefore affirm under the reasoning discussed, infra. DISCUSSION Duty is a foundational element in a claim of negligence because, as we have said, “negligence is a breach of a duty owed to one, and absent that duty, there can be no negligence.” Ash burn v. Anne Arundel County, 306 Md. 617, 627 , 510 A.2d 1078, 1083 (1986); accord Pendleton, 398 Md. at 461 , 921 A.2d at 204 (“[W]hen analyzing a negligence action it is customary to begin with whether a legally cognizable duty exists.” (citations omitted)); Bobo, 346 Md

23
Bobo v. Stategreen
md · 1997 · cited in 1 Maryland opinions naming this issue, 2012–2012
2 sentences

2012We shall hold that the trial court was legally correct in its dismissal, and therefore affirm under the reasoning discussed, infra. DISCUSSION Duty is a foundational element in a claim of negligence because, as we have said, “negligence is a breach of a duty owed to one, and absent that duty, there can be no negligence.” Ash burn v. Anne Arundel County, 306 Md. 617, 627 , 510 A.2d 1078, 1083 (1986); accord Pendleton, 398 Md. at 461 , 921 A.2d at 204 (“[W]hen analyzing a negligence action it is customary to begin with whether a legally cognizable duty exists.” (citations omitted)); Bobo, 346 Md

2012We shall hold that the trial court was legally correct in its dismissal, and therefore affirm under the reasoning discussed, infra. DISCUSSION Duty is a foundational element in a claim of negligence because, as we have said, “negligence is a breach of a duty owed to one, and absent that duty, there can be no negligence.” Ash burn v. Anne Arundel County, 306 Md. 617, 627 , 510 A.2d 1078, 1083 (1986); accord Pendleton, 398 Md. at 461 , 921 A.2d at 204 (“[W]hen analyzing a negligence action it is customary to begin with whether a legally cognizable duty exists.” (citations omitted)); Bobo, 346 Md

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Maryland. Read the followed side critically anyway.

Also cited on this issue (2)

CaseCitedYears
Pace Ex Rel. Pace v. State green
md · 2012
2 sentences

2015Thus, “[d]uty is a foundational element in a claim of negligence.” Pace v. State, 425 Md. 145, 155 , 38 A.3d 418 (2012).

2015Thus, “[d]uty is a foundational element in a claim of negligence.” Pace v. State, 425 Md. 145, 155 , 38 A.3d 418 (2012).

32012–2015
Barclay v. Briscoe green
md · 2012
2 sentences

2013“Duty is a foundational element in a claim of negligence because, as we have said, ‘negligence is a breach of a duty owed to one, and absent that duty, there can be no negligence.’” Barclay v. Briscoe, 427 Md. 270, 293 , 47 A.3d 560 (2012) (quoting Ashburn v. Anne Arundel County, 306 Md. 617, 627 , 510 A.2d 1078 (1986)).

2013“Duty is a foundational element in a claim of negligence because, as we have said, ‘negligence is a breach of a duty owed to one, and absent that duty, there can be no negligence.’” Barclay v. Briscoe, 427 Md. 270, 293 , 47 A.3d 560 (2012) (quoting Ashburn v. Anne Arundel County, 306 Md. 617, 627 , 510 A.2d 1078 (1986)).

12013–2013

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