The distinction between tort and tort arising out of contract is becoming blurred where awards of punitive damages are sought. The article analyzes torts arising out of contract and the present approach of the Maryland courts to malice, the key element governing the recovery of punitive damages. The author suggests that the conduct, and not the technical term of the wrongful act, should dictate whether a plaintiff may recover punitive damages.
Strausberg, Gary I.
"A Roadmap through Malice, Actual or Implied: Punitive Damages in Torts Arising out of Contract in Maryland,"
University of Baltimore Law Review: Vol. 13
, Article 4.
Available at: http://scholarworks.law.ubalt.edu/ublr/vol13/iss2/4