Elements of Nevada’s Theories of Liability

Breach of the Warranty of title and against infringement Elements NRS 104.2312 Warranty of title and against infringement; buyer’s obligation against infringement. 1. Subject to subsection 2 there is in a contract for sale a warranty by the seller that: (a) The title conveyed shall be good, and its transfer rightful; and (b) The goods […]

Breach of the Warranty of Title and against Infringement Elements NRS 104.2312 Warranty of title and against infringement; buyer’s obligation against infringement. 1. Subject to subsection 2 there is in a contract for sale a warranty by the seller that: (a) The title conveyed shall be good, and its transfer rightful; and (b) The goods

Breach of Implied Warranty of Habitability Elements NRS 118A.290 and NRS 118A.355 set forth the definition of “habitability” and the remedy if the landlord breaches. Below is an excerpt of those statutes. Please refer to the entire statute for a more complete rendition of the requirement. Also, Radaker v. Scott, 109 Nev. 653, 855 P.2d

Breach of Implied Covenant of Good Faith and Fair Dealing: Insurance Elements [Editor’s Note: The Nevada Supreme Court has not been consistent in its language when addressing insurance bad faith. Thus, the following are various iterations of the Court’s standards, in random order] Standard One To establish a prima facie case of bad-faith refusal to

Breach of Implied Covenant of Good Faith and Fair Dealing: Tort Elements Example Cases Proof “Although every contract contains an implied covenant of good faith and fair dealing, an action in tort for breach of the covenant arises only “in rare and exceptional cases” when there is a special relationship between the victim and tortfeasor.”

Breach of Implied Covenant of Good Faith and Fair Dealing: Contract Elements Where the terms of a contract are literally complied with but one party to the contract deliberately countervenes the intention and spirit of the contract, that party can incur liability for breach of the implied covenant of good faith and fair dealing.Hilton Hotels

Breach of Fiduciary Duty Elements In Nevada, a claim for breach of fiduciary duty has three elements: Klein v. Freedom Strategic Partners, LLC, 595 F. Supp. 2d 1152, 1162 (D. Nev. 2009) A fiduciary relationship is deemed to exist when one party is bound to act for the benefit of the other party. Such a

Breach of Confidential Relationship Perry v. Jordan 111 Nev. 943, 900 P.2d 335 Nev.,1995. Yerington Ford, Inc. v. General Motors Acceptance Corp. 359 F.Supp.2d 1075 D.Nev.,2004. Giles v. General Motors Acceptance Corp. 494 F.3d 865 C.A.9 (Nev.),2007.

Breach of Contract Elements To prevail on a claim for breach of contract in Nevada, a plaintiff must prove: (1) the existence of a valid contract, (2) a breach by the defendant, and (3) damage as a result of the breach. Example Cases Golden v. McKim, 37 Nev. 205, 141 P. 676, 678 (1914); Richardson

Battery Elements An actor is subject to liability to another for battery if (a) he acts intending to cause a harmful or offensive contact with the person of the other or a third person, or an imminent apprehension of such a contact, and (b) a harmful contact with the person of the other directly or