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

  1. Buyer purchases goods from a seller;
  2. Seller is a merchant with respect to the goods of the type of those in question;
  3. Nevada law implies a warranty of merchantability unless specifically excluded or modified by contract with the seller (NRS 104.2314);
  4. The implied warranty is that the goods “shall be merchantable”;
  5. A disclaimer contained in a contract excludes warranty; and
  6. Causation and damages.

NRS 104.2314; NRS 104.2316; Scaffidi v. United Nissan, 425 F. Supp. 2d 1172 (D. Nev. 2005); Vacation Village, Inc. v. Hitachi Am. Ltd., 110 Nev. 481, 874 P.2d 744 (1994); Olson v. Richard, 120 Nev. 240, 247, 89 P.3d 31, 35 (2004); Sierra Creek Ranch, Inc., v. J.I. Case, 97 Nev. 457, 634 P.2d 458 (1981); “Unless excluded, or modified, a warranty of merchantability is implied in a contract if the seller is a merchant with respect to the goods in question.” Mohasco Indus., Inc. v. Anderson Halverson Corp., 90 Nev. 114, 520 P.2d 234, 235-36 (1974) (citing NRS 104.2314).

 

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.