The Elements for a Claim of Breach of the Implied Warranty of Fitness for a Particular Purpose

In Nevada, the elements for a claim of breach of an implied warranty of fitness for a particular purpose are:

  1. Plaintiff contracted with defendant to provide him with goods;
  2. Defendant is a merchant with respect to goods of the kind sold to plaintiff;
  3. Plaintiff relied on defendant in selecting or using said goods which defendant represented could be used for a particular purpose;
  4. Defendant knew, or had reason to know, of plaintiff’s purpose in purchasing the goods and that plaintiff was relying on defendant’s skill or judgment to select or furnish goods meeting the stated or particular purpose;
  5. Plaintiff made timely notice to defendant that the goods are not fit for the purpose for which they were purchased; and
  6. Causation and damages.

NRS 104.2315; NRS104.2316; NRS 104.2315; Scaffidi v. United Nissan, 425 F. Supp. 2d 1172 (D. Nev. 2005); Olson v. Richard, 120 Nev. 240, 247, 89 P.3d 31, 35 (2004); Bradshaw v. Blystone Equip. Co. of Nev., 79 Nev. 441, 396 P.2d 396 (1963).

See elements for other claims at the Nevada Law Library



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