Tort Template
Tort Elements Example Cases Proof Damages Defenses Misc
Elements of Nevada’s Theories of Liability
Constructive Trust
Constructive Trust Elements A constructive trust will arise and affect property acquisitions under circumstances where: (1) a confidential relationship exists between the parties; (2) retention of legal title by the holder thereof against another would be inequitable; and (3) the existence of such a trust is essential to the effectuation of justice. Locken v. Locken,
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Wrongful Termination
Wrongful Termination Elements Sub-categories Example Cases Proof Damages Defenses Misc
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Strict Liability
Strict Liability Elements Sub-categories Example Cases Proof Damages Defenses Misc Category: Ne
Negligence
Negligence Elements It is well established that to prevail on a negligence claim, a plaintiff must establish four elements:(1) the existence of a duty of care,(2) breach of that duty,(3) legal causation, and(4) damages. Turner v. Mandalay Sports Entm’t, LLC, 180 P.3d 1172, 1175 (Nev. 2008);Sanchez ex rel. Sanchez v. Wal-Mart Stores, Inc., 221 P.3d
Attorney Liens
General “In Nevada, there are two types of liens an attorney may hold to ensure that clients pay their attorney’s fees: (1) a special or charging lien on the judgment or settlement the attorney has obtained for the client, NRS 18.015(1); Morse v. Eighth Judicial District Court, 65 Nev. 275, 281, 195 P.2d 199, 202
Wrongful Use of a Computer
Wrongful Use of a Computer Elements The text of NRS 205.4765et seq is far to large for the purposes of this summary. It suffices to say that, in general, it is unlawful to use/take/publish/access/destroy (etc.) data on a computer without authorization OR 5. cause to be introduced or attempt to introduce a computer contaminant into
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Wrongful Foreclosure
Wrongful Foreclosure Elements An action for the tort of wrongful foreclosure will lie if the trustor or mortgagor can establish that at the time the power of sale was exercised or the foreclosure occurred, no breach of condition or failure of performance existed on the mortgagor’s or trustor’s part which would have authorized the foreclosure
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Tortious Constructive Discharge
Tortious Constructive Discharge Elements Example Cases Proof Damages Defenses Misc
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Tortious Discharge
Tortious Discharge Elements The essence of a tortious discharge is the wrongful, usually retaliatory, interruption of employment by means which are deemed to be contrary to the public policy of this state. D’Angelo v. Gardner, 107 Nev. 704, 718, 819 P.2d 206, 212 (Nev. 1991). Example Cases Proof Damages Defenses [A] public policy tort should
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