Nevada Jury Instructions: Misrepresentation; Reliance

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RELIANCE

A party claiming to have been damaged by [a false representation] [a promise made without an intent to perform] [false information] must have relied upon the [representation] [promise] [information]; that is, the [representation] [promise] [information] must have been a [proximate] [legal] cause of the party’s action or failure to act.

The [representation] [promise] [information] need not be the sole [proximate] [legal] cause if it appears that reliance upon it substantially influenced the party’s action or failure to act, even though other influences operated as well.

Reliance may be shown by direct evidence or may be inferred from the circumstances.

NEV. J.I. 9.06

BAJI 12.51

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.