The Elements for the Remedy of an Accounting
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; G. K. Las Vegas, Ltd. P’ship v. Simon Prop. Grp., Inc., 460 F. Supp. 2d 1246 (D. Nev. 2006); Foley v. Mowbray, 109 Nev. 116 (1993); In re Maxim Integrated Prod., Inc., Deriv. Lit., 574 F. Supp. 2d 1046 (N.D. Cal. 2008)(citing Carlson v. Hallinan, 925 A.2d 506, 538 n. 211-12 (Del. Ch. 2006)). 1 Am. Jur. 2d Accounts & Accounting § 55.
See elements for other claims at the Nevada Law Library
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