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BURDEN OF PROOF This burden is upon the plaintiff to support his contention of [intentional misrepresentation] [concealment] [making promises without intent to perform] by clear and convincing proof. NEV. J.I. 9.02 Jay YoungHon. Jay Young (Ret.) is a retired judicial officer with decades of experience presiding over complex civil litigation matters. Following a distinguished career…

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CONCEALMENT; ELEMENTS The defendant must have concealed or suppressed a material fact; The defendant must have been under a duty to disclose the fact to the plaintiff; The defendant must have intentionally concealed or suppressed the fact with the intent to defraud the plaintiff, that is, he must have concealed or suppressed the fact for…

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SLANDER; ELEMENTS In order to establish a claim of slander, the plaintiff must prove the following elements: That the defendant made a false and defamatory oral communication concerning the plaintiff; That the communication was published to a third party; That the defendant either knew the communication was false and that it defamed the plaintiff [,]…

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DEFAMATORY COMMUNICATION; DEFINITION A communication is defamatory if it tends so to harm the reputation of the plaintiff as to lower him in the estimation of the community or to deter third persons from associating or dealing with him. NEV. J.I. 8.06 Jay YoungHon. Jay Young (Ret.) is a retired judicial officer with decades of…

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EXPRESSIONS OF OPINION A defamatory communication may consist of a statement of fact or of a statement in the form of any opinion, but a statement in the form of an opinion is actionable only if it implies the allegation of undisclosed defamatory facts as the basis for the opinion. NEV. J.I. 8.07 Jay YoungHon….

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PUBLICATION; DEFINITION Publication of a defamatory matter is its communication intentionally or by a negligent act to one other than the person [or persons] defamed. [No publication takes place by virtue of the communication of defamatory matter by one corporate officer, agent, or employee to another corporate officer, agent, or employee in the regular course…

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SPECIAL DAMAGES; DEFINITION As used in these instructions, the phrase “special damages” means damages that flow directly from the injury to reputation caused by the defamation; not from the more general effects of the defamation. NEV. J.I. 8.10 Jay YoungHon. Jay Young (Ret.) is a retired judicial officer with decades of experience presiding over complex…

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NEGLIGENT MISREPRESENTATION; ELEMENTS The defendant must have supplied information while in the course of his business, profession or employment, or any other transaction in which he had a pecuniary interest; The information must have been false; The information must have been supplied for the guidance of the plaintiff in his business transactions; The defendant must…

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DAMAGES; OUT OF POCKET RULE If under the court’s instructions, you find that plaintiff is entitled to a verdict against defendant, you must then award plaintiff damages, if any, [proximately] [legally] caused by the misrepresentation upon which you base your finding of liability. The amount of such award shall include: The difference, if any, between…

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DAMAGES; BENEFIT OF THE BARGAIN RULE If, under the court’s instructions, you find that plaintiff is entitled to a verdict against the defendant, you must the award plaintiff damages in an amount that will reasonably compensate him for all the loss suffered by him and [proximately] [legally] caused by the misrepresentation upon which you base…

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