The Elements for the Civil Claim of Aiding and Abetting a Tort

In Nevada, the elements for a claim of civil aiding and abetting the commission of a tort are:

  1. A primary tortfeasor committed a tort against a plaintiff;
  2. The defendant knew that the primary tortfeasor’s conduct was a breach of duty
  3. Defendant intentionally and substantially assists or encourages another’s conduct in breaching a duty to a third person;
  4. The duty to a third person is actually breached; and
  5. Causation and damages.

See 74 Am. Jur. 2d Torts § 61(2013); K. Las Vegas, Ltd. P’ship v. Simon Prop. Grp., Inc., 460 F. Supp. 2d 1246 (D. Nev. 2006); Dow Chem. Co. v. Mahlum, 114 Nev. 1468, 970 P.2d 98, 113 (1998) (citing in re Temporomandibular Joint (TMJ) Implants Prods. Liab. Litig., 113 F.3d 1484, 1495 (8th Cir. 1997)) overruled in part on other grounds by GES, Inc. v. Corbitt, 117 Nev. 265, 21 P.3d 11 (2001); Halberstam v. Welch, 705 F.2d 472, 477 (D.C. Cir. 1983).

See elements for other claims at the Nevada Law Library



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