Tips on Proving Different Types of Cases Based on Side

Plaintiff - Defendant

How old must a person be in order to enter into a contract?
In Maryland, you must be age 18 or older in order to have the legal authority to enter into an agreement that can be enforced in court. If you are under age 18, you can make an agreement and if the other side honors it, there is no problem. However, if you try to sue a minor the court will not enforce your agreement. (MD Code –Title 1, Commercial Law §1-103(a)) Read more about contracts.

If you are a minor (under age 18), you will need to have an adult sue on your behalf. A parent or guardian has “standing” (the recognized right) to file a lawsuit for you. You can use the following format to describe the relationship when you fill in the top of the complaint form where it asks for the name of the plaintiff.  “John Cleveland (parent) on behalf of  Janelle Cleveland” (minor). Also a minor cannot enter into a contract.

If you are the plaintiff – There are many different types of cases. The legal elements that you need to prove will be different for different types of case. Here are some common general types of cases.

• “Breach of contract” – This means that you and the other side had an agreement and the other side did not live up to their side of the agreement. In the example above, your friend failed to paint the entire bedroom.
• Personal loans - This is a type of contract case (see contracts). With a loan you must prove:
  • you made the loan;
  • you and the other side agreed that you would be repaid;
  • the time frame for the loan (you cannot show that there was a “breach” until the loan is past due); and
  • that the loan was not repaid (in part or in full).
• Bad debt – this is a type of contract case (see contracts). In order to prove that you are damaged, you must show the following:
  • the identity of the other side; (This is very important if you sue a business, read more on how to sue a business)
  • that you had a contract between you;
  • you kept your promise; (For example, you provided the service or goods that the other side agreed to purchase.)
  • the other side did not pay the debt.
• Property damage – If the other side was careless and as a result of that carelessness, your property was damaged, you must prove the elements listed under negligence above.
• Defective product – If you purchased a product that was defective, Maryland’s consumer protection laws may cover you. You may have the right to return the product for a refund or cancel the entire contract without going to court. See this information from the Maryland Attorney General.
  • If the business refuses to honor your request that the product be returned or replaced, this will be a contract case and you must prove those elements.
  • If you were injured in some way by the defective product, this will be a different type of case called personal injury.  In this type of case it is wise to speak with an attorney  to decide what your options are and whether you should pursue this on your own.

If you are the defendant - You need to understand the law and what the plaintiff (the person who sued you) must prove. You can prepare in advance, but plan on being able to react to what the other side says during the trial. Your job is to show one or more of the following.

• You were not at fault.
• If you were at fault, that the other side was not harmed or that someone else caused some (or all) of the harm.
• If the other side was harmed and it was your fault, you may be able to show that the award amount that the other side suggests is incorrect or unfair.
• If the other side was harmed and it was your fault, you may also be able to show that the extent of the damage may be partly due to the failure by the other side to try and limit the damage.