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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 business law, business litigation, and acting as an Arbitrator and Mediator. Peers have named him an AV-Rated Lawyer, Best Lawyers, a Top 100 Super Lawyers in the Mountain States multiple years, and to the Legal Elite and Top Lawyers lists for many years. Mr. Young has been appointed a part time Judge, a Special Master to the Clark County, Nevada Business Court, as an arbitrator by the Nevada Supreme Court. He has been appointed as an arbitrator or mediator of well over 250 legal disputes from business disputes to personal injury matters. He has been named Best Lawyers for Arbitration. Mr. Young is a respected author of ten books, including A Litigator’s Guide to Federal Evidentiary Objections, A Litigator’s Guide to the Federal Rules of Evidence, and the Federal Court Civil Litigation Checklist.
Mr. Young can be reached at 702.667.4868 or at jay@h2law.com.