NEVADA CAUSES OF ACTION, ELEMENTS OF CLAIMS, REMEDIES, THEORIES OF LIABILITY, AND DEFENSES
I am a Nevada litigator, arbitrator, and mediator with experience litigating thousands of disputes as an advocate, arbitrator, Judge Pro Tem, and Special Master. I hope these posts assist you in understanding some aspect of Nevada law.
These posts do not constitute legal counsel. This site does not guarantee or warrant that the information contained on its pages is accurate or current, and affirmatively states that it is not intended to provide you with legal advice regarding your circumstances. You should consult an attorney before relying on any information contained herein. These posts represent what I call “quick and dirty” resources on claims, remedies, and defenses. They should be the beginning, not the completion of your research and understanding on any of these topics. Plus, the law is always evolving, so make sure that the cases and statutes referenced are current law. Best wishes to you.
A
Abuse of Process
Abuse/Exploitation of Elderly
Accord and Satisfaction
Account Stated
Accounting, a Remedy
Agent, Negligence of
Aiding and Abetting
Aiding and Abetting Another’s Breach of a Fiduciary Duty
Alter Ego; Piercing the Corporate Veil
Anticipatory Repudiation
Appointment Of A Receiver
Appropriation of the Name or Likeness of Another; Invasion of Privacy
Assault
Attorney Fees, Pleading as Special Damages
B
Bad Faith; Breach of the Covenant of Good Faith and Fair Dealing—Contract
Bad Faith Discharge; Wrongful Termination; Tortious Discharge
Bailment; Negligent Entrustment
Battery
Breach of Contract
Breach of Duty of Loyalty
Breach of Express Warranty
Breach of Fiduciary Duty
Breach of Fiduciary Duty; Aiding and Abetting Another’s
Breach of Fiduciary Duty; Breach of the Duty of Loyalty; Usurpation of Corporate Opportunity; the Corporate Opportunity Doctrine
Breach of Implied Warranty of Habitability
Breach of Implied Warranty of Merchantability
Breach of the Covenant of Good Faith and Fair Dealing—Contract
Breach of the Covenant of Good Faith and Fair Dealing—Tort
Breach of the Covenant Not To Compete; Anti-Competition Covenant; Restrictive Covenant
Breach of Warranty of Fitness for a Particular Purpose
Business Disparagement
Business Judgment Rule
C
Civil Conspiracy
Civil Racketeering Influenced and Corrupt Organizations Act (RICO)
Comparative Negligence
Compete, Breach of the Covenant Not To; Anti-Competition Covenant; Restrictive Covenant
Competition, Unfair; Lanham Act Violation; False Designation of Origin, Description, and Dilution
Concert of Action
Constructive Discharge; Tortious Discharge; Wrongful Discharge
Constructive Fraud
Constructive Trust
Contract: Specific Performance; a Remedy
Contract Ambiguity; Contra Proferentem; The Ambiguity Doctrine
Contract Construction and Interpretation by Courts
Contract Damages Analysis
Contract Law: A Digest
Contract Repudiation; Anticipatory Repudiation
Conversion (Theft)
Corporate Opportunity Doctrine; Breach of the Duty of Loyalty; Usurpation of Corporate Opportunity
Covenant of Good Faith and Fair Dealing—Contract; Breach of
Covenant of Good Faith and Fair Dealing—Tort; Breach of
D
Death, Wrongful
Deceptive Trade Practices Act
Declaratory Relief
Defamation
Defamation; Business Disparagement
Defamation by Libel
Defamation by Slander
Defamation Per Se
Defect, Strict Product Liability
Defect, Strict Product Liability (with caselaw)
Deficiency Judgment
Discharge, Bad Faith; Wrongful Termination; Tortious Discharge
Discharge, Tortious; Constructive Discharge; Wrongful Discharge
Discrimination, Employment
Discrimination, Employment; Retaliatory Discharge; Wrongful Termination
Disgorgement of Profits; a Remedy
Disparagement of a Business
Disputable Presumptions
E
Elder Abuse or Exploitation
Election of Remedies
Emotional Distress, Intentional Infliction of; Tort of Outrage
Emotional Distress, Negligent Infliction of
Employment; Negligent Hiring, Retention, and Supervision
Employment; Tortious Discharge; Constructive Discharge; Wrongful Discharge
Employment Discrimination
Employment Discrimination; Retaliatory Discharge; Wrongful Termination
Equitable Estoppel; Promissory Estoppel
Equitable Liens
Exploitation of the Elderly; Elder Abuse
F
False Advertising; Lanham Act Violation; Unfair Competition
False Imprisonment
False Designation of Origin, Description, and Dilution; Lanham Act Violation; Unfair Competition
False Light, Disclosure of; Invasion of Privacy
Fraud (Intentional Misrepresentation)
Fraud; Promise Without Intent To Perform
Fraud, Constructive
Fraud In The Inducement
Fraudulent Concealment
Fraudulent Transfer
Frustration of Purpose Defense
G
Good Faith and Fair Dealing—Contract; Breach of Covenant of
Good Faith and Fair Dealing—Tort; Breach of Covenant of
Gross Negligence
H
I
Imprisonment, False
Impossibility of Performance Defense
Indemnity
Infliction of Emotional Distress, Intentional; Tort of Outrage
Infliction of Emotional Distress, Negligent
Injunctions: NRS Chapter 33
Injunctive Relief (Temporary Restraining Order, Preliminary and Permanent Injunction)
Intentional Misrepresentation (Fraud)
Interference With Contractual Relations
Interference With Prospective Economic Advantage or Prospective Contractual Relationship
Intrusion Upon the Seclusion of Another; Invasion of Privacy
Invasion of Privacy Through Disclosure of False Light
Invasion of the Right of Publicity; Appropriation of the Name or Likeness of Another
J
Jury Instructions (Nevada Claims Elements)
K
L
Laches; a Defense
Lanham Act Violation; False Advertising; Unfair Competition
Lanham Act Violation; False Designation of Origin, Description, and Dilution; Unfair Competition
Libel
Libel Per Se
Lien, Equitable
Liquidated Damages; A Remedy
Lis Pendens
Lost Profits, a Remedy
Loyalty, Breach of the Duty of; Usurpation of Corporate Opportunity; the Corporate Opportunity Doctrine
M
Malicious Prosecution
Malpractice; Professional Negligence
Merchantability; Breach of Implied Warranty of
Misappropriation of Trade Secrets; Uniform Trade Secrets Act Violation; NRS Chapter 600A
Mistake, Mutual; a Defense
Mistake, Unilateral; a Defense
Misrepresentation, Intentional (Fraud)
Misrepresentation, Negligent
Misrepresentation, Negligent (With Caselaw)
Mitigation of Damages; a Defense
Mutual Mistake; a Defense
N
Negligence
Negligence, Comparative
Negligence, Gross
Negligence of Agent/Agency Relationship
Negligence Per Se
Negligent Entrustment; Bailment
Negligent Hiring, Retention, and Supervision
Negligent Infliction of Emotional Distress
Negligent Misrepresentation
Negligent Misrepresentation (With Caselaw)
Nuisance
O
P
Parol Evidence Rule
Per Se Defamation
Per Se Negligence
Premises Liability
Presumptions, Disputable
Prima Facie Tort
Privacy, Invasion of; Disclosure of False Light
Privacy, Invasion of; Intrusion Upon the Seclusion of Another
Process, Abuse of
Product Defect Liability
Product Defect Liability (with caselaw)
Professional Negligence (Malpractice)
Profits, Disgorgement of; a Remedy
Promissory Estoppel; Equitable Estoppel
Prosecution, Malicious
Publicity, Invasion of the Right of; Appropriation of the Name or Likeness of Another
Punitive Damages
Q
Quantum Meruit; Quasi Contract; Unjust Enrichment;
Quiet Title
R
Racketeering Influenced and Corrupt Organizations Act (RICO)
Receiver, Appointment of
Receiver Statute: NRS Chapter 32
Repudiation, Anticipatory
Res Ipsa Loquitur
Rescission, a Remedy
Restraining Orders: Injunctive Relief (Temporary Restraining Order, Preliminary and Permanent Injunction)
Respondeat Superior; Vicarious Liability
Retaliatory Discharge, Employment Discrimination, Wrongful Termination
RICO (Racketeering Influenced and Corrupt Organizations Act)
S
Slander
Slander of Title
Specific Performance; a Remedy
Statutes of Limitation
Strict Product Liability
Strict Product Liability (with caselaw)
T
Theft; Conversion
Title, Slander of
Tortious Discharge; Wrongful Termination; Bad Faith Discharge
Trade Secrets, Misappropriation of; Uniform Trade Secrets Act Violation; NRS Chapter 600A
Trademark Infringement
Trespass
Trust, Constructive
U
Unclean Hands; a Defense
Unfair Competition; False Advertising; Lanham Act Violation
Unfair Competition; False Designation of Origin, Description, and Dilution; Lanham Act Violation
Uniform Trade Secrets Act Violation; NRS Chapter 600A; Misappropriation of Trade Secrets
Unilateral Mistake; a Defense
Unjust Enrichment; Quantum Meruit; Quasi Contract
Usury in Nevada
Usurpation of Corporate Opportunity; the Corporate Opportunity Doctrine; Breach of the Duty of Loyalty
V
Vicarious Liability; Respondeat Superior
W
Waiver; a Defense
Warranty, Breach of Express
Warranty of Fitness for a Particular Purpose, Breach of
Warranty of Habitability, Breach of the Implied
Warranty of Merchantability; Breach of
Waste
Wrongful Death
Wrongful Discharge; Tortious Discharge; Constructive Discharge
Wrongful Termination; Bad Faith Discharge; Tortious Discharge
Wrongful Termination; Retaliatory Discharge, Employment Discrimination