Category: Nevada elements

The Elements for the Claim of Civil Responsibility for Animal Attack

In Nevada, the elements for the claim of Civil Responsibility for Animal Attack are: At all times relevant hereto, Defendants owned a [DOG, CAT, SNAKE, ETC;] described as __________________________________ (the “Animal”); On or about [DATE], the Animal attacked Plaintiff, causing personal injury (the “Attack”); Defendants were aware of the Animal’s dangerous disposition; [ALTERNATIVE] Defendants were… Continue reading The Elements for the Claim of Civil Responsibility for Animal Attack

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The Elements for the Claim of Adverse Possession

In Nevada, the elements for the claim of Adverse Possession are: Since [DATE], Plaintiff has maintained exclusive, actual, open, continuous, and notoriously obvious possession of the real property located at [ADDRESS] and more particularly described as [LEGAL DESCRIPTION] (the “Property”); Plaintiff has possessed the Property in excess of [NUMBER] years; Plaintiff has treated the Property… Continue reading The Elements for the Claim of Adverse Possession

Categorized as Nevada elements

The Elements for the Claim of Abuse of Control

In Nevada, the elements for the claim of Abuse of Control are: Defendants are officers and/or directors of [CORPORATE NAME] (the “Company”); Defendants are fiduciaries to the Company; Defendants breached their fiduciary duty to the Company; Defendants engaged in misconduct in their capacity as officers and/or directors of the Company as alleged hereinabove; Defendants’ conduct… Continue reading The Elements for the Claim of Abuse of Control

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The Elements of the Claim of Prima Facie Tort

The elements of the prima facie tort are: an intentional, otherwise lawful act by the defendant; an intent to injure the plaintiff; injury to the plaintiff; action does not give rise to any other recognized tort; absence of justification, or insufficient justification for the defendant’s actions; causation; and damages.

Categorized as Nevada elements

The Elements of the Claim of Violation of the Nevada Deceptive Trade Practices Act

The elements for the claim of Violation of the Nevada Deceptive Trade Practices Act are: Defendants, and each of them, have engaged in deceptive trade practices, violating Nevada Revised Statutes Chapter 598; Each Defendant has, in the course of [ITS/HIS/HER] business or occupation, disparaged the goods, services or business of Plaintiff by publishing false or… Continue reading The Elements of the Claim of Violation of the Nevada Deceptive Trade Practices Act

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Elements for a Claim of Intrusion Upon the Seclusion of Another

In Nevada, the elements for a claim of invasion of privacy by intrusion upon the seclusion of another are: An intentional intrusion (physical or otherwise); On the solitude or seclusion of another; That would be highly offensive to a reasonable person; and Causation and damages. Kuhn v. Account Control Technology, Inc., 865 F.Supp. 1443, 1448… Continue reading Elements for a Claim of Intrusion Upon the Seclusion of Another

Categorized as Nevada elements

The Elements for the Claim of Professional Negligence (Malpractice)

In Nevada, the elements for a claim of professional negligence or malpractice (not including medical malpractice) are: Defendant owes plaintiff duty to exercise due care toward plaintiff; Defendant had a heightened duty to use such skill, prudence, and diligence as other members of the profession commonly possess and exercise Defendant breached the duty of care;… Continue reading The Elements for the Claim of Professional Negligence (Malpractice)

Categorized as Nevada elements