The Elements for the Claim of Breach of Guaranty

Nevada elements02/03/2021

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.

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By NLB

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