Elements of Nevada's Theories of Liability

Breach of the Express warranties by affirmation, promise, description or sample

Breach of the Warranty of title and against infringement


NRS 104.2312 Warranty of title and against infringement; buyer’s obligation against infringement.

1. Subject to subsection 2 there is in a contract for sale a warranty by the seller that:

(a) The title conveyed shall be good, and its transfer rightful; and

(b) The goods shall be delivered free from any security interest or other lien or encumbrance of which the buyer at the time of contracting has no knowledge.

2. A warranty under subsection 1 will be excluded or modified only by specific language or by circumstances which give the buyer reason to know that the person selling does not claim title in himself or that he is purporting to sell only such right or title as he or a third person may have.


NRS 104.2312

Example Cases