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PROMISE WITHOUT INTENT TO PERFORM; ELEMENTS

  1. The defendant must have made a promise as to a material matter and, at the time he made it, he must have intended not to perform it;
  1. The defendant must have made the promise with an intent to defraud the plaintiff, that is, he must have made the promise for the purpose of inducing plaintiff to rely upon it, and to act or refrain from acting in reliance upon it;
  1. The plaintiff must have been unaware of the defendant’s intention not to perform the promise, he must have acted in reliance upon the promise, and he must have been justified in relying upon the promise made by the defendant;
  1. And, finally, as a result of his reliance upon defendant’s promise, the plaintiff must have sustained damage.

NEV. J.I. 9.04

BAJI 12.40

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.