Slander of Title Elements Slander of title requires:1) false and malicious communications;2) disparaging to one’s land; and3) special damaged arising therefrom. Executive Management, Ltd. v. Ticor Title Ins. Co. 962 P.2d 465, 478 (Nev.1998). Robinson v. Ocwen Loan Servicing, LLC, Case No. 2:10-CV-321 JCM , 2010 WL 2834895, *2 (D. Nev. 2010). Alternatively, 1) words […]
Quiet Title Elements In Nevada, [a]n action may be brought by any person against another who claims an estate or interest in real property, adverse to him, for the purpose of determining such adverse claim.”NRS § 40.010. Such an action [of quiet title] requests a judicial determination of all adverse claims to disputed property. Clay
Quasi Contract Elements “The essential elements of quasi contract are a benefit conferred on the defendant by the plaintiff, appreciation by the defendant of such benefit, and acceptance and retention by the defendant of such benefit under circumstances such that it would be inequitable for him to retain the benefit without payment of the value
Nuisance Elements NRS 40.140 Nuisance defined; action for abatement and damages; exceptions. 1. Except as otherwise provided in this section: (a) Anything which is injurious to health, or indecent and offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property;
Negligent Performance of an Undertaking Elements One who undertakes, gratuitously or for consideration, to render services to another which he should recognize as necessary for the protection of a third person or his things, is subject to liability to the third person for physical harm resulting from 114 his failure to exercise reasonable care to
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Negligent Misrepresentation Elements One who, Barmettler v. Reno Air, Inc., 114 Nev. 441, 449, 956 P.2d 1382, 1387 (1998); Bill Stremmel Motors, Inc. v. First Nat’l Bank of Nevada, 94 Nev. 131, 134, 575 P.2d 938, 940 (1978). Example Cases Proof “The intention that is necessary to make the rule stated in this Section applicable
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Negligent Failure to Protect Elements One who is required by law to take or who voluntarily takes the custody of another under circumstances such as to deprive the other of his normal power of self-protection or to subject him to association with persons likely to harm him, is under a duty to exercise reasonable care
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Negligent Entrustment Elements Under this doctrine [of negligent entrustment], a person who: may be found liable for damages resulting therebyZugel by Zugel v. Miller, 100 Nev. 525, 527, 688 P.2d 310, 313 (Nev. 1984). Example Cases Proof Damages Defenses The negligent entrustment theory of tort liability does not apply to the normal bailor-bailee relationship since
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Negligence Per Se “Negligence per se, however, is not a distinct cause of action; it is a negligence claim based on violation of a standard of care set out by statute or rule.” Gattman v. Favro, 306 Or. 11, 15 n. 3, 757 P.2d 402 (1988). Elements The court may adopt as the standard of
