The Elements for the Claim of Breach of Guaranty

In Nevada, the elements for the claim of Breach of Guaranty are:

  1. Plaintiff and Defendants entered into a valid, enforceable contract (the “Agreement”);
  2. Defendants personally guaranteed [PAYMENT OR PERFORMANCE] by/of [PRIMARY OBLIGOR] under the Agreement;
  3. Plaintiff performed all obligations and conditions precedent, if any, required by the Agreement;
  4. [PRIMARY OBLIGOR] breached the Agreement by failing to [PERFORM OR MAKE PAYMENT];
  5. Plaintiff made a formal demand on Defendants to [PERFORM OR MAKE PAYMENT] under the guaranty Agreement;
  6. Defendants failed and refused and continue to fail and refuse to comply with the demand;
  7. Plaintiff has suffered damages;
  8. Plaintiff is entitled to interest at the contractual rate; and
  9. Plaintiff is entitled to an award of attorney fees and costs as damages.



The information provided on this site does not, and is not intended to constitute legal advice. You understand each legal matter should be considered to be unique and subject to varying results. You should not take or refrain from taking action based on any information contained on this website without first consulting legal counsel, as it is not intended to advise you on your particular matter. Further, you understand that no guarantee is given that the information contained herein is an accurate statement of the law at any given point in time, as the law is constantly changing. Guest bloggers are responsible for their own content, which is not to be construed as an article authored by NLB. Please see

Leave a comment