Author: NLB

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The Elements for the Claim of Insurance Breach of the Covenant of Good Faith and Fair Dealing

In Nevada, the elements for the claim of Insurance Breach of the Covenant of Good Faith and Fair Dealing are: Plaintiff and Defendants entered into a valid, enforceable contract (the insurance “Policy”); Defendants, and each of them, breached their Policy with Plaintiff; All contracts within the State of Nevada contain an implied covenant of good… Continue reading The Elements for the Claim of Insurance Breach of the Covenant of Good Faith and Fair Dealing

Categorized as Nevada elements

The Elements for the Claim of Breach of Guaranty

In Nevada, the elements for the claim of Breach of Guaranty are: Plaintiff and Defendants entered into a valid, enforceable contract (the “Agreement”); Defendants personally guaranteed [PAYMENT OR PERFORMANCE] by/of [PRIMARY OBLIGOR] under the Agreement; Plaintiff performed all obligations and conditions precedent, if any, required by the Agreement; [PRIMARY OBLIGOR] breached the Agreement by failing… Continue reading The Elements for the Claim of Breach of Guaranty

Categorized as Nevada elements

The Elements for the Claim of Bailment

In Nevada, the elements for the claim of  Bailment are: On [DATE], Plaintiff was a patron of Defendants’ business [NAME OF BUSINESS]; On [DATE], Plaintiff placed [DESCRIBE PROPERTY] (the “Property”) in Defendants’ exclusive possession or control; On [DATE], Defendants [FOR HIRE OR GRATUITOUSLY] accepted exclusive control of Plaintiff’s Property; Defendants agreed to keep the Property… Continue reading The Elements for the Claim of Bailment

Categorized as Nevada elements

The Elements for the Claim of Attractive Nuisance

In Nevada, the elements for the claim of Attractive Nuisance are: Defendants owned or were in lawful possession of real property known as [ADDRESS] (the “Property”); Defendants knew that young children are likely to trespass on the Property; Defendants knew or should have known the condition of the Property involves unreasonable risk of death or… Continue reading The Elements for the Claim of Attractive Nuisance

Categorized as Nevada elements

The Elements for the Claim of Undue Influence

In Nevada, the elements for the claim of Undue Influence are: At all times relevant hereto, Defendants enjoyed a confidential relationship with [TESTATOR]; [ALTERNATIVE] [TESTATOR]’s physical condition affected [HIS/HER] ability to withstand Defendants’ undue influence [ALTERNATIVE] [TESTATOR]’s mental condition affected [HIS/HER] ability to withstand Defendants’ undue influence; Defendants unduly influenced [TESTATOR] and unduly influenced [HIS/HER]… Continue reading The Elements for the Claim of Undue Influence

Categorized as Nevada elements