Nevada, the elements for a claim of breach of an express warranty are:
1.Existence of an express warranty (an
affirmative act or promise made by the seller to the buyer which relates to the
goods and becomes part of the basis of the bargain that the goods shall conform
to the affirmation or promise);
2.Affirmation of fact or promise by the
seller to the buyer which relates to the goods described and becomes part of the
3.The goods must conform to the
description by the seller; no actual reliance by the buyer is required; and
4.Causation and damages.
NRS 104.2313; Porcell
v. Lincoln Word Prod., Inc., 713 F. Supp. 2d 1305 (D. N.M. 2010); Allied
Fidelity Ins. Co. v. Pico, 99 Nev. 15 (1983).