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Breach of Contract

To prevail on a claim for breach of contract in Nevada, a plaintiff must prove: (1) the existence of a valid contract, (2) a breach by the defendant, and (3) damage as a result of the breach. See, Golden v. McKim, 37 Nev. 205, 141 P. 676, 678 (1914); Richardson v. Jones, 1 Nev. 405, 405 (1865); Cohen-Breen v. Gray Television Group, Inc., 661 F. Supp. 2d 1158, 1171 (D. Nev. 2009); Brown v. Kinross Gold U.S.A., Inc., 531 F. Supp. 2d 1234, 1240 (D. Nev. 2008); Saini v. Int’l Game Tech., 434 F. Supp. 2d 913, 919–20 (D. Nev. 2006); Calloway v. City of Reno, 116 Nev. 250, 256, 993 P.2d 1259, 1265 (Nev. 2000)(quoting Bernard v. Rockhill Dev. Co., 103 Nev. 132, 135, 734 P.2d 1238, 1240 (1987)).

Contract formation occurs when there is an offer, acceptance, and consideration. See, May v. Anderson, 121 Nev. 668, 672, 119 P.3d 1254, 1257 (2005). “’Consideration’ is a term of art, a word with a well-understood meaning in the law, embracing any ‘right, interest, profit or benefit.’” See, Ducey v. United States, 713 F.2d 504, 510 (9th Cir. 1983). English law requires that consideration—”something of value in the eye of the law”—be given in exchange for a promise in order to make the promise an enforceable contract. The same requirement applies in the case of an amendment to a contract. Either a benefit to the promisor or a detriment to the promisee can provide consideration. So long as a contract provides some consideration, it may be minimal—even a peppercorn. Courts do not inquire into the value or adequacy of the consideration. See, RLS Assocs., LLC v. United Bank of Kuwait PLC, 380 F.3d 704, 709 (2d Cir. 2004) (internal citations omitted).

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