In Nevada, the remedy of specific performance is available where: Valid contract with reasonably definite and certain terms exists; Remedy at law is inadequate; Plaintiff performed his obligations under the contract; and Court is willing to order specific performance by the non-performing party. Land America Lawyers Title v. Metro. Land Dev., 2006 WL 2385385 (D.… Continue reading The Elements for the Remedy of Specific Performance
BREACH OF CONTRACT In Nevada, the elements for a claim of breach of contract are: Valid contract (offer, acceptance, consideration) exists between plaintiff and defendant; Defendant breached the contract or failed to render performance when it became due; Defendant’s breach or failure of performance was unexcused; All conditions precedent to defendant’s duty to perform were… Continue reading The Elements for a Claim of Breach of Contract
In Nevada, the elements for a claim of intentional interference with contractual relations are: A valid and existing contract between plaintiff and a third party; Defendant had knowledge of the valid contract or had reason to know of its existence; Defendant committed intentional acts intended or designed to disrupt the contractual relationship or to cause… Continue reading Elements for a Claim of Intentional Interference with Contractual Relations
In Nevada, the elements for a claim of civil battery are: Willful and unlawful use of force or violence upon the person of another (causing a harmful or offensive contact with another person); Defendant intended to cause harmful or offensive contact; Such contact did occur; and Causation and damages. Graham v. Connor, 490 U.S. 386,… Continue reading The Elements for a Claim of Battery
In Nevada, the elements for a claim of alter ego or piercing the corporate veil are: Corporation must be influenced and governed by the person asserted to be its alter ego; There must be a unity of interest and ownership such that the corporation and person are inseparable from another; Facts are such that adherence… Continue reading The Elements for the Claim of Alter Ego (Piercing the Corporate Veil)
In Nevada, the elements for a claim of civil aiding and abetting the commission of a tort are: A primary tortfeasor committed a tort against a plaintiff; The defendant knew that the primary tortfeasor’s conduct was a breach of duty Defendant intentionally and substantially assists or encourages another’s conduct in breaching a duty to a… Continue reading The Elements for the Civil Claim of Aiding and Abetting a Tort
In Nevada, the elements for an accord and satisfaction are: A person against whom a claim is asserted and who has a bona fide dispute over an unliquidated amount; Proves a good faith tender of an instrument to the claimant in full settlement of the entire disputed amount; An understanding by the creditor of the… Continue reading The Elements for the Claim of Accord & Satisfaction
In Nevada, the elements required to allow a remedy of an accounting are: A fiduciary relationship exists between plaintiff and defendant; The relationship between plaintiff and defendant is founded in trust and confidence; and Defendant has a duty to render an accounting to plaintiff to determine damages resulting from any misallocation of funds. NRS 78;… Continue reading The Elements for the Remedy of an Accounting
In Nevada, the elements for a claim of abuse of process are: Filing of a lawsuit made with ulterior purpose other than to resolving a dispute; Willful act in use the use of legal process (subsequent to the filing of the suit) not proper in the regular conduct of the proceeding; and Damages as a… Continue reading The Elements for the Claim for Abuse of Process
