Month: April 2015

Elements for the Remedy of Specific Performance

April 27, 2015January 9, 2024 Jay Young No Comments

In Nevada, the remedy of specific performance is available where: Valid contract with reasonably definite and certain terms exists; Remedy at law is inadequate; Plaintiff performed his obligations under the contract; and Court is willing to order specific performance by the non-performing party. Land America Lawyers Title v. Metro. Land Dev., 2006 WL 2385385 (D….

Jay Young, Top Las Vegas, Nevada Mediator and Arbitrator, Litigation

The Elements for the Claim of Breach of Contract

April 26, 2015January 9, 2024 Jay Young No Comments

BREACH OF CONTRACT

In Nevada, the elements for a claim of breach of contract are:

Valid contract (offer, acceptance, consideration) exists between plaintiff and defendant;
Defendant breached the contract or failed to render performance when it became due;
Defendant’s breach or failure of performance was unexcused;
All conditions precedent to defendant’s duty to perform were fulfilled by plaintiff or were excused;
Plaintiff was damaged by the breach;
Causation and damages were a forseeable consequence of a particular breach (causation is an essential element of liability).

Jay Young

Hon. Jay Young (Ret.) is a retired judicial officer with decades of experience presiding over complex civil litigation matters. Following a distinguished career on the bench, Judge Young now serves as a mediator, arbitrator, and court‑appointed special master, and discovery referee. Judge Young brings a disciplined, impartial, and results‑oriented approach to dispute resolution. Judge Young is based in Nevada and accepts appointments statewide and nationally, subject to agreement or court order. He can be reached at 855.777.4557 or info@armadr.com

Known for judicial temperament, analytical rigor, and practical problem‑solving, Judge Young assists litigants and counsel in resolving high‑stakes disputes efficiently and with integrity and employing best practices. He is recognized by U.S. News and World Report’s publication Best Lawyers as Arbitration Lawyer of the Year.

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Business Law, Franchise Law, Jay Young, Top Las Vegas, Nevada Mediator and Arbitrator, Litigation

Contractual Ambiguity or Contra Proferentem, The Ambiguity Doctrine

April 23, 2015January 9, 2024 Jay Young No Comments

In Nevada, contractual ambiguity, also known as contra proferentem or the “ambiguity doctrine,” will determine how a court decides a contract dispute. The doctrine does not apply absent a material ambiguity in the agreement at issue, and where the intent of the parties is impossible to ascertain by resort to the four corners of the document, plus all available extrinsic evidence, including the subsequent conduct of the parties. Moreover, the doctrine is one of last resort; it does not apply in cases involving sophisticated parties.

Jay Young

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Business Law, Jay Young, Top Las Vegas, Nevada Mediator and Arbitrator, Litigation

Elements for a Claim of Intentional Interference with Contractual Relations

April 19, 2015January 9, 2024 Jay Young No Comments

In Nevada, the elements for a claim of intentional interference with contractual relations are: A valid and existing contract between plaintiff and a third party; Defendant had knowledge of the valid contract or had reason to know of its existence; Defendant committed intentional acts intended or designed to disrupt the contractual relationship or to cause…

Business Law, Employment Law, Franchise Law, Jay Young, Top Las Vegas, Nevada Mediator and Arbitrator, Litigation

What Should You do if You Have Been Sued?

April 14, 2015February 3, 2024 Jay Young No Comments

“NOTICE!” YOU HAVE BEEN SUED.”

These are words none of us ever wants to see. However, lawsuits are almost an inevitable cost of conducting business in today’s environment. A recent statistic suggests that over 120,000 Nevada businesses were sued last year alone in Nevada Courts. An old, but unfortunately true adage to keep in mind: “there are only two types of businesses … those that have been sued already and those that will be sued.” While I am not sure the future is quite that bleak, all professionals should know what their options and responsibilities are once they have been served with a copy of a complaint. More importantly, you should know what you can do to help avoid suits.

Jay Young

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Business Law, Employment Law, Franchise Law, Jay Young, Top Las Vegas, Nevada Mediator and Arbitrator, Litigation

The Elements for a Claim of Battery

April 9, 2015January 9, 2024 Jay Young No Comments

In Nevada, the elements for a claim of civil battery are: Willful and unlawful use of force or violence upon the person of another (causing a harmful or offensive contact with another person); Defendant intended to cause harmful or offensive contact; Such contact did occur; and Causation and damages. Graham v. Connor, 490 U.S. 386,…

Jay Young, Top Las Vegas, Nevada Mediator and Arbitrator, Litigation

Six Tips to Avoid Identity Theft

April 7, 2015 Jay Young No Comments

For the first time in years, my wife did not participate in the after Thanksgiving “Black Friday” sales. Instead, she went on a family paintball outing. That didn’t stop her from spending several thousand dollars that day, or from opening accounts at Kohls, Target, JC Penny’s, or from applying for a new credit card. Well, at least it didn’t stop someone using her name from doing those things.

We quickly learned the havoc that can be wreaked from identity theft when someone using evidently well-crafted fake identification containing my wife’s actual name, date of birth, social security number, and home address charged thousands of dollars at various department stores on Black Friday. It is a problem we are still dealing with, and which we found out probably has its origin in some stolen medical records.

Jay Young

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