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In Nevada, the elements for a claim of negligent misrepresentation are:

  1. The defendant must have supplied information while in the course of his business,profession or employment, or any other transaction in which he had a pecuniary interest;
  2. The information must have been false;
  3. The information must have been supplied for the guidance of the plaintiff in his business transactions;
  4. The defendant must have failed to exercise reasonable care or competence in obtaining or communicating the information;
  5. The plaintiff must have justifiably relied upon the information by taking action or refraining from it; and
  6. And, finally, as a result of his reliance upon the accuracy of the information, the plaintiff must have sustained damage.

NEVADA JURY INSTRUCTIONS 9.05; Barmettler v. Reno Air, Inc., 114 Nev. 441, 449, 956 P.2d 1382, 1387 (1998); Albert H. Wohlers & Co. v. Bartgis, 114 Nev. 1249, 1260, 969 P.2d 949, 957 (1998); Epperson v. Roloff, 102 Nev. 206, 211, 719 P.2d 799, 802 (1986); Bill Stremmel Motors, Inc. v. First Nat’l Bank of Nevada, 94 Nev. 131, 134, 575 P.2d 938, 940 (1978); Kitchen Krafters, Inc. v. Eastside Bank of Montana, 789 P.2d 567 (Mont. 1990).

 

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.

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