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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. 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.