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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 acting as an Arbitrator and Mediator.

Mr. Young can be reached at 702.667.4868 or at jay@h2law.com.

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. Please see http://nevadalaw.info/disclaimer

 

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