Elements of Nevada's Theories of Liability

Negligent Performance of an Undertaking

Negligent Performance of an Undertaking

Elements

One who undertakes, gratuitously or for consideration, to render services to another which he should recognize as necessary for the protection of a third person or his things, is subject to liability to the third person for physical harm resulting from 114 his failure to exercise reasonable care to perform his undertaking if
(a) his failure to exercise reasonable care increases the risk of such harm or
(b) he has undertaken to perform a duty owed by the other to the third person or
(c) the harm is suffered because of reliance of the other or the third person upon the undertaking.
Dow Chemical Co. v. Mahlum, 114 Nev. 1468, 1483-84, 970 P.2d 98, 109 (1998) (citing Restatement (Second) of Torts section 324A (1979)).

Example Cases

Proof

Damages

Defenses

Misc