University of Baltimore Law Review


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.

Included in

Law Commons



To view the content in your browser, please download Adobe Reader or, alternately,
you may Download the file to your hard drive.

NOTE: The latest versions of Adobe Reader do not support viewing PDF files within Firefox on Mac OS and if you are using a modern (Intel) Mac, there is no official plugin for viewing PDF files within the browser window.