negligent misrepresentation claim in Maryland

2024Beahm’s Contentions In support of his challenge to the court’s decision to grant judgment on the negligent misrepresentation claim, Beahm directs our attention to three cases, the first of which is Sadler v. Loomis Co., 139 Md.

2024Beahm’s Contentions In support of his challenge to the court’s decision to grant judgment on the negligent misrepresentation claim, Beahm directs our attention to three cases, the first of which is Sadler v. Loomis Co., 139 Md.

2016The Supreme Court held that the contractor was barred from bringing a negligent misrepresentation claim by the economic loss rule because the construction industry has the “freedom to allocate economic risk through contract.” As stated in Whiting-Turner , “[t]he tort of negligent misrepresentation has been recognized in this State.” 308 Md. at 41-42 , 517 A.2d 336 (citing Flaherty v. Weinberg, 303 Md. 116, 135 , 492 A.2d 618 (1985); Martens Chevrolet, Inc. v. Seney, 292 Md. 328 , 439 A.2d 534 (1982)).

2016The Supreme Court held that the contractor was barred from bringing a negligent misrepresentation claim by the economic loss rule because the construction industry has the “freedom to allocate economic risk through contract.” As stated in Whiting-Turner , “[t]he tort of negligent misrepresentation has been recognized in this State.” 308 Md. at 41-42 , 517 A.2d 336 (citing Flaherty v. Weinberg, 303 Md. 116, 135 , 492 A.2d 618 (1985); Martens Chevrolet, Inc. v. Seney, 292 Md. 328 , 439 A.2d 534 (1982)).

2016Later in the opinion, in considering the appellant’s negligent misrepresentation claim, this court acknowledged that negligent misrepresentation is “one variety of a negligence action.” Id. at 230, 780 A.2d 359 (quoting Walpert, 361 Md. at 654 , 762 A.2d 582 ).

2016Later in the opinion, in considering the appellant’s negligent misrepresentation claim, this court acknowledged that negligent misrepresentation is “one variety of a negligence action.” Id. at 230, 780 A.2d 359 (quoting Walpert, 361 Md. at 654 , 762 A.2d 582 ).

2016Later in the opinion, in considering the appellant’s negligent misrepresentation claim, this court acknowledged that negligent misrepresentation is “one variety of a negligence action.” Id. at 230, 780 A.2d 359 (quoting Walpert, 361 Md. at 654 , 762 A.2d 582 ).

2016The Supreme Court held that the contractor was barred from bringing a negligent misrepresentation claim by the economic loss rule because the construction industry has the “freedom to allocate economic risk through contract.” As stated in Whiting-Turner , “[t]he tort of negligent misrepresentation has been recognized in this State.” 308 Md. at 41-42 , 517 A.2d 336 (citing Flaherty v. Weinberg, 303 Md. 116, 135 , 492 A.2d 618 (1985); Martens Chevrolet, Inc. v. Seney, 292 Md. 328 , 439 A.2d 534 (1982)).

2016The Supreme Court held that the contractor was barred from bringing a negligent misrepresentation claim by the economic loss rule because the construction industry has the “freedom to allocate economic risk through contract.” As stated in Whiting-Turner , “[t]he tort of negligent misrepresentation has been recognized in this State.” 308 Md. at 41-42 , 517 A.2d 336 (citing Flaherty v. Weinberg, 303 Md. 116, 135 , 492 A.2d 618 (1985); Martens Chevrolet, Inc. v. Seney, 292 Md. 328 , 439 A.2d 534 (1982)).

2014Id. at 654 , 493 A.2d 421 .

2014Id. at 654 , 493 A.2d 421 .

2011Co., 569 F.3d 154 (4th Cir.2009), in which the Fourth Circuit held, inter alia, that a similar statement on a HUD-1 form was not an "affirmative statement" that could support a negligent misrepresentation claim: Plaintiffs' complaint alleged only that each HUD-1 form that Ticor gave to plaintiffs contained a false statement because the charge listed on each form for title insurance was unlawfully high.

2011Co., 569 F.3d 154 (4th Cir.2009), in which the Fourth Circuit held, inter alia, that a similar statement on a HUD-1 form was not an “affirmative statement” that could support a negligent misrepresentation claim: Plaintiffs’ complaint alleged only that each HUD-1 form that Ticor gave to plaintiffs contained a false statement because the charge listed on each form for title insurance was unlawfully high.

2003In this regard, we observed that “Maryland law has found the equivalent of contractual privity in special relationships consummated during the course of pre-contract negotiations.” 360 Md. at 12, 756 A.2d at 554 .

2003In this regard, we observed that "Maryland law has found the equivalent of contractual privity in special relationships consummated during the course of pre-contract negotiations." 360 Md. at 12, 756 A.2d at 554 .

2002Martin Marietta distinguished Weisman v. Connors on the ground that it "only involved precontractual representations." Id. at 99 .

1994We note that different considerations may apply when an injury occurs during compulsory physical education classes rather than during voluntary participation in school athletic contests because, while a student usually is required to attend physical education classes and drills, a participant chooses to participate in voluntary games, and so can avoid them if he or she is weak, slow, disabled, etc. See Benitez v. New York City Bd. of Educ., 73 N.Y.2d 650 , 543 N.Y.S.2d 29, 33 , 541 N.E.2d 29 (1989); Passantino v. Board of Educ., 52 A.D.2d 935 , 383 N.Y.S.2d 639, 641-42 (1976), rev’d on dissent

1994We note that different considerations may apply when an injury occurs during compulsory physical education classes rather than during voluntary participation in school athletic contests because, while a student usually is required to attend physical education classes and drills, a participant chooses to participate in voluntary games, and so can avoid them if he or she is weak, slow, disabled, etc. See Benitez v. New York City Bd. of Educ., 73 N.Y.2d 650 , 543 N.Y.S.2d 29, 33 , 541 N.E.2d 29 (1989); Passantino v. Board of Educ., 52 A.D.2d 935 , 383 N.Y.S.2d 639, 641-42 (1976), rev’d on dissent

1994We note that different considerations may apply when an injury occurs during compulsory physical education classes rather than during voluntary participation in school athletic contests because, while a student usually is required to attend physical education classes and drills, a participant chooses to participate in voluntary games, and so can avoid them if he or she is weak, slow, disabled, etc. See Benitez v. New York City Bd. of Educ., 73 N.Y.2d 650 , 543 N.Y.S.2d 29, 33 , 541 N.E.2d 29 (1989); Passantino v. Board of Educ., 52 A.D.2d 935 , 383 N.Y.S.2d 639, 641-42 (1976), rev’d on dissent

1994We note that different considerations may apply when an injury occurs during compulsory physical education classes rather than during voluntary participation in school athletic contests because, while a student usually is required to attend physical education classes and drills, a participant chooses to participate in voluntary games, and so can avoid them if he or she is weak, slow, disabled, etc. See Benitez v. New York City Bd. of Educ., 73 N.Y.2d 650 , 543 N.Y.S.2d 29, 33 , 541 N.E.2d 29 (1989); Passantino v. Board of Educ., 52 A.D.2d 935 , 383 N.Y.S.2d 639, 641-42 (1976), rev’d on dissent

1988Two major considerations, we stated, are the nature of the harm likely to result from a failure to exercise due care, and the relationship that exists between the parties. 307 Md. at 534 , 515 A.2d 756 .

1988Two major considerations, we stated, are the nature of the harm likely to result from a failure to exercise due care, and the relationship that exists between the parties. 307 Md. at 534 , 515 A.2d 756 .