TruCounsel

Defamation Elements In order to establish a prima facie case of defamation, a plaintiff must prove: Chowdhry v. NLVH, Inc., 109 Nev. 478, 483, 851 P.2d 459 (1993)(citing Restatement (Second) of Torts, § 558 (1977)). If the defamation tends to injure the plaintiff in his or her business or profession, it is deemed defamation per […]

Business Disparagement [Note by TruCounsel editor: The tort of “business disparagement” is essentially defamation per se directed at a business and where the plaintiff is a business.  The primary controlling case in Nevada is Clark County School Dist. v. Virtual Educ. Software, Inc., 125 Nev. 374, 213 P.3d 496, 504 (Nev. 2009).] Elements [Interpreted by TruCounsel

Deceptive Trade Practices Elements Refer to NRS 598 for the elements of deceptive trade practices. Refer to NRS 41.600 for a private right of action for a deceptive trade practice as defined in NRS 598.0915 to 598.0925, inclusive. Example Cases Proof Damages Defenses Misc

Conversion Elements “Conversion ” is Evans v. Dean Witter Reynolds, Inc., 116 Nev. 598, 5 P.3d 1043, 1048 (2000). Example Cases Proof Further, conversion is an act of general intent, which does not require wrongful intent and is not excused by care, good faith, or lack of knowledge. See id.; Bader v. Cerri, 96 Nev.

Constructive Fraud Elements Long v. Towne, 98 Nev. 11, 13, 639 P.2d 528, 529-30 (Nev. 1982). Example Cases Executive Mgmt. v. Ticor Title Ins. Co., 114 Nev. 823, 963 P. 2d 465 (Nev. 1998). Proof Damages Defenses Misc In its reply brief, Executive seems to concede the point that there is no fiduciary relationship between

Constructive Eviction Elements A constructive eviction results from an active interference with, or disturbance of, a tenant’s possession by the act of the landlord when all or a substantial part of the premises is rendered unfit for occupancy for the purpose for which it was demised. Baley & Selover v. All Am. Van & Storage,

Construction Deficiencies Arising From Willful Misconduct or Fraudulent Concealment Elements Example Cases Proof Damages Defenses Misc

Chilling Foreclosure Sale Generally – Activity that tends to suppress bidding at a foreclosure sale, thereby depriving the owner of full value and increasing the risk of a deficiency. SeeCollins v. Union Federal Sav. & Loan Ass’n, 99 Nev. 284, 662 P.2d 610 Nev.,1983. Example Cases Golden v. Tomiyasu, 79 Nev. 503, 387 P.2d 989

Breach of Implied Warranty of Fitness For a Particular Purpose Elements Where:the seller at the time of contracting has reason to know any particular purpose for which the goods are required and that the buyer is relying on the seller’s skill or judgment to select or furnish suitable goods, there is unless excluded or modified

Breach of the Implied Warranty of Merchantability Elements NRS 104.2314 Implied warranty: Merchantability; usage of trade. (a) Pass without objection in the trade under the contract description; and (b) In the case of fungible goods, are of fair average quality within the description; and (c) Are fit for the ordinary purposes for which such goods