Jay Young | Retired Las Vegas, Nevada Judge | Mediator | Arbitrator | Special Master
Unlike general damages, special or consequential damages are not based on the value of the promised performance, but on the “benefits [the performance] can produce or the losses that may be caused by [the performance’s] absence.”[1] Special damages are those that do not flow from breach of the contract.[2] [1] See Dobbs, § 12.2(3) at…
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General damages have been described as the “present value of the thing promised,” or the “value of the very performance contracted for.”[1] Nevada has formulated a very broad definition of general damages, including damages which ordinarily flow from a breach. In Bradley,[2] the Court held that even a small loss of profit is considered a…
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As with many questions in the law, the answer to this inquiry is “it depends.” “The essential elements of a valid contract include offer, acceptance, and bargained for consideration.”[1] The creation of a contract requires that two parties mutually assent to the same bargain at the same time-an assent which is usually in the form…
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