Category: Remedies and damages

What is the Cost Expectancy Measure of Damages in Nevada?  

Generally, the cost expectancy measure of damages allows an injured party to recover damages equal to the cost of obtaining reasonable substitute performance.  The cost expectancy measure will usually be permitted only if it yields an amount less than the market value measure.[1] There are essentially two general situations where the cost expectancy measure is… Continue reading What is the Cost Expectancy Measure of Damages in Nevada?  

Categorized as Remedies and damages

When is the Remedy of Rescission Available in Nevada?

Rescission returns both parties to their pre-contractual situation.[1]  Rescission is a remedy which allows the “harmed” party, either through unilateral action, or through the institution of a suit in equity, to abrogate or cancel the contract totally, and returns the parties to the position they held prior to the execution of the contract.[2]  “A priori,… Continue reading When is the Remedy of Rescission Available in Nevada?

Categorized as Remedies and damages

Reference To JAMS Rules in Contract Allows Arbitrator to Decide Arbitrability

REFERENCE TO JAMS RULES IN CONTRACT ALLOWS ARBITRATOR TO DECIDE ARBITRABILITY by Guest Blogger Michael R. Lied Usually, it is up to a court to determine if parties to an agreement have decided to let an arbitrator decide disputes under that agreement. But not always. Simply Wireless sells cellular telephone goods and services to consumers… Continue reading Reference To JAMS Rules in Contract Allows Arbitrator to Decide Arbitrability

Categorized as Remedies and damages

Election of Remedies in Nevada

The plaintiff in a lawsuit is allowed to seek as many remedies as are available to her and may choose the one which is most beneficial to her.  The doctrine of election of remedies requires: The existence of two or more remedies; Inconsistency between the remedies; and Choice of one or more of the remedies.[1]

Categorized as Remedies and damages