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In Nevada, the elements for a claim of breach of an express warranty are:

  1. Existence of an express warranty (an affirmative act or promise made by the seller to the buyer which relates to the goods and becomes part of the basis of the bargain that the goods shall conform to the affirmation or promise);
  2. Affirmation of fact or promise by the seller to the buyer which relates to the goods described and becomes part of the bargain;
  3. The goods must conform to the description by the seller; no actual reliance by the buyer is required; and
  4. Causation and damages.

NRS 104.2313; Porcell v. Lincoln Word Prod., Inc., 713 F. Supp. 2d 1305 (D. N.M. 2010); Allied Fidelity Ins. Co. v. Pico, 99 Nev. 15 (1983).

 

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.