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In Nevada, the elements for a claim of breach of an implied warranty of fitness for a particular purpose are:

  1. Plaintiff contracted with defendant to provide him with goods;
  2. Defendant is a merchant with respect to goods of the kind sold to plaintiff;
  3. Plaintiff relied on defendant in selecting or using said goods which defendant represented could be used for a particular purpose;
  4. Defendant knew, or had reason to know, of plaintiff’s purpose in purchasing the goods and that plaintiff was relying on defendant’s skill or judgment to select or furnish goods meeting the stated or particular purpose;
  5. Plaintiff made timely notice to defendant that the goods are not fit for the purpose for which they were purchased; and
  6. Causation and damages.

NRS 104.2315; NRS104.2316; NRS 104.2315; Scaffidi v. United Nissan, 425 F. Supp. 2d 1172 (D. Nev. 2005); Olson v. Richard, 120 Nev. 240, 247, 89 P.3d 31, 35 (2004); Bradshaw v. Blystone Equip. Co. of Nev., 79 Nev. 441, 396 P.2d 396 (1963).

 

See elements for other claims at the Nevada Law Library

About the Author

Jay Young is a Las Vegas, Nevada attorney. His practice focuses on acting as an Arbitrator and Mediator.

Mr. Young can be reached at 702.667.4868 or at jay@h2law.com.

The information provided on this site does not, and is not intended to constitute legal advice. You understand each legal matter should be considered to be unique and subject to varying results. You should not take or refrain from taking action based on any information contained on this website without first consulting legal counsel, as it is not intended to advise you on your particular matter. Further, you understand that no guarantee is given that the information contained herein is an accurate statement of the law at any given point in time, as the law is constantly changing. Please see http://nevadalaw.info/disclaimer

 

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