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 acting as an Arbitrator and Mediator.

Mr. Young can be reached at 702.667.4868 or at

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. Guest bloggers are responsible for their own content, which is not to be construed as an article authored by Jay Young. Please see


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