For years, Nevada Law Blog was the go-to website for anything related to Nevada Law. Now, it’s back! Under new ownership, our goal is to strengthen the community by providing helpful legal resources to everyone, from experienced litigators to those curious to learn how the law works. We are especially happy to announce the return… Continue reading Nevada Law Blog is back under new ownership
Reliance damages reimburse the plaintiff for any costs – monetary or otherwise – that plaintiff incurred in preparing to perform or performing her part of the contract. They are sometimes called out-of-pocket damages. An award of reliance damages puts the plaintiff in the position she would have been in had she never contracted with the… Continue reading What are Reliance 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. There are essentially two general situations where the cost expectancy measure is… Continue reading What is the Cost Expectancy Measure of Damages in Nevada?
Liquidated damages enforces a remedy to which the parties agreed in the contract, provided that the agreed remedy is not unduly harsh to the defendant and does not fail to provide the plaintiff a meaningful remedy. The terms of a valid liquidated damages clause supersede any default award of expectation/compensatory damages. “Liquidated damages have been… Continue reading What Are Liquidated Damages in Nevada?
Expectation damages award the plaintiff the difference between the value of the benefit reasonably expected as a result of the defendant’s agreed performance and the value she actually received (a.k.a., benefit of the bargain damages). The plaintiff is basically put into the position he or she would have been in had the defendant fully performed. … Continue reading What are Expectation Damages in Nevada?
Restitutionary Damages The general goal of contract damages is to provide compensation for the injured party based on the injured party’s expectation interest. More specifically, it gives the injured party the “benefit of his bargain by awarding him a sum of money that will, to the extent possible, put him in as good a position… Continue reading What are Restitutionary Damages in Nevada?
Generally, the market value measure of damages “allows the … victim to recover the market value of the very performance he should have had, less the contract price.” “[T]he measure of damage is the difference between the contract price and the market price of the goods at the time and place when the contract should… Continue reading What is the Market Value Measure of Damages in Nevada?
Unlike general damages, special or consequential damages are not based on the value of the promised performance, but on the “benefits [the performance] can produce or the losses that may be caused by [the performance’s] absence.” Special damages are those that do not flow from breach of the contract. For a more in-depth treatment of… Continue reading What are Special Damages in Nevada?
General damages have been described as the “present value of the thing promised,” or the “value of the very performance contracted for.” Nevada has formulated a very broad definition of general damages, including damages which ordinarily flow from a breach. In Bradley, the Court held that even a small loss of profit is considered a… Continue reading What Are General Damages in Nevada?
Rescission returns both parties to their pre-contractual situation. 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. “A priori,… Continue reading When is the Remedy of Rescission Available in Nevada?
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
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.