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                        Question 1 of 30
1. Question
A casino employee in Las Vegas, known for his aggressive and demeaning demeanor, repeatedly singles out a patron, Mr. Alistair Finch, over a period of several weeks. During each encounter, the employee loudly criticizes Mr. Finch’s gambling habits, makes disparaging remarks about his attire and perceived financial status, and on one occasion, falsely accused him of cheating in front of other patrons. Mr. Finch, a retired professor, experiences increasing anxiety, insomnia, and a loss of appetite, leading him to avoid the casino he once enjoyed. He seeks legal recourse in Nevada, alleging intentional infliction of emotional distress. Which of the following scenarios most accurately reflects the likelihood of Mr. Finch prevailing on his claim for intentional infliction of emotional distress under Nevada law?
Correct
In Nevada, the tort of intentional infliction of emotional distress (IIED) requires proof of extreme and outrageous conduct, intended to cause severe emotional distress, and that the conduct actually and proximately caused severe emotional distress. Nevada Revised Statutes (NRS) 41.130, while not directly defining IIED, establishes a general right to recover for injuries. However, the specific elements of IIED are derived from common law as interpreted by Nevada courts. The “extreme and outrageous” standard is an objective one, meaning the conduct must be so beyond all possible bounds of decency that it can be regarded as atrocious and utterly intolerable in a civilized community. Mere insults, indignities, or petty oppressions do not suffice. The distress must be severe, meaning it would be unbearable for a person of ordinary sensibilities. For example, a single instance of verbal abuse, even if harsh, typically would not meet this threshold unless it is part of a pattern of harassment or accompanied by threats or other aggravating factors. The conduct must be directed at the plaintiff, or if at a third party, the defendant must know the plaintiff is present and the distress is substantially certain to occur. The key is the severity and outrageousness of the conduct and the resulting emotional harm, not just the plaintiff’s subjective reaction.
Incorrect
In Nevada, the tort of intentional infliction of emotional distress (IIED) requires proof of extreme and outrageous conduct, intended to cause severe emotional distress, and that the conduct actually and proximately caused severe emotional distress. Nevada Revised Statutes (NRS) 41.130, while not directly defining IIED, establishes a general right to recover for injuries. However, the specific elements of IIED are derived from common law as interpreted by Nevada courts. The “extreme and outrageous” standard is an objective one, meaning the conduct must be so beyond all possible bounds of decency that it can be regarded as atrocious and utterly intolerable in a civilized community. Mere insults, indignities, or petty oppressions do not suffice. The distress must be severe, meaning it would be unbearable for a person of ordinary sensibilities. For example, a single instance of verbal abuse, even if harsh, typically would not meet this threshold unless it is part of a pattern of harassment or accompanied by threats or other aggravating factors. The conduct must be directed at the plaintiff, or if at a third party, the defendant must know the plaintiff is present and the distress is substantially certain to occur. The key is the severity and outrageousness of the conduct and the resulting emotional harm, not just the plaintiff’s subjective reaction.
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                        Question 2 of 30
2. Question
Consider a situation in Nevada where a vehicle owner, aware of the driver’s multiple prior convictions for driving under the influence and a documented history of erratic driving, nonetheless permits that individual to operate their vehicle. The entrusted driver, while intoxicated, subsequently causes a multi-vehicle collision, resulting in severe injuries to other motorists. Under Nevada tort law, what is the most accurate assessment of the owner’s liability for the resulting damages, particularly concerning the concept of proximate cause in the context of negligent entrustment?
Correct
The core issue in this scenario revolves around the Nevada Supreme Court’s interpretation of proximate cause in cases involving superseding causes. In Nevada, for a defendant’s negligence to be the proximate cause of a plaintiff’s injury, the injury must be a reasonably foreseeable consequence of the defendant’s actions. A superseding cause is an intervening act that breaks the chain of causation, meaning the defendant’s original negligence is no longer considered the proximate cause of the harm. In the context of a negligent entrustment claim, the defendant’s negligence lies in providing a dangerous instrumentality to an unfit person. The subsequent negligent act of the unfit person is an intervening cause. The critical question is whether this intervening act was foreseeable to the defendant at the time of entrustment. If the defendant knew or should have known that the entrustment would likely lead to the specific type of harm that occurred, then the intervening act is not considered superseding, and the defendant’s negligence remains a proximate cause. In this specific case, the defendant entrusted a vehicle to an individual with a known history of reckless driving and substance abuse, specifically including incidents involving impaired driving. The subsequent accident, caused by the entrustee driving under the influence of alcohol, directly aligns with the foreseeable risks associated with entrusting a vehicle to such an individual. The defendant’s knowledge of the entrustee’s prior DUIs and reckless behavior makes the subsequent DUI-related accident a reasonably foreseeable outcome. Therefore, the intervening act of driving under the influence does not break the chain of proximate causation. The defendant’s negligence in entrusting the vehicle is a proximate cause of the damages suffered by the plaintiffs.
Incorrect
The core issue in this scenario revolves around the Nevada Supreme Court’s interpretation of proximate cause in cases involving superseding causes. In Nevada, for a defendant’s negligence to be the proximate cause of a plaintiff’s injury, the injury must be a reasonably foreseeable consequence of the defendant’s actions. A superseding cause is an intervening act that breaks the chain of causation, meaning the defendant’s original negligence is no longer considered the proximate cause of the harm. In the context of a negligent entrustment claim, the defendant’s negligence lies in providing a dangerous instrumentality to an unfit person. The subsequent negligent act of the unfit person is an intervening cause. The critical question is whether this intervening act was foreseeable to the defendant at the time of entrustment. If the defendant knew or should have known that the entrustment would likely lead to the specific type of harm that occurred, then the intervening act is not considered superseding, and the defendant’s negligence remains a proximate cause. In this specific case, the defendant entrusted a vehicle to an individual with a known history of reckless driving and substance abuse, specifically including incidents involving impaired driving. The subsequent accident, caused by the entrustee driving under the influence of alcohol, directly aligns with the foreseeable risks associated with entrusting a vehicle to such an individual. The defendant’s knowledge of the entrustee’s prior DUIs and reckless behavior makes the subsequent DUI-related accident a reasonably foreseeable outcome. Therefore, the intervening act of driving under the influence does not break the chain of proximate causation. The defendant’s negligence in entrusting the vehicle is a proximate cause of the damages suffered by the plaintiffs.
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                        Question 3 of 30
3. Question
Consider a former employer in Nevada, aware that a former employee, Ms. Anya Sharma, suffers from severe arachnophobia. The employer, Mr. Viktor Volkov, deliberately places a large, highly realistic artificial spider replica on Ms. Sharma’s desk in her personal office shortly before she is scheduled to return for a final exit interview, intending to cause her significant emotional distress. Ms. Sharma discovers the spider, experiences intense panic and anxiety, and leaves the office immediately without completing the exit interview. Based on Nevada tort law principles for intentional infliction of emotional distress, what is the most likely legal outcome for Ms. Sharma’s potential claim against Mr. Volkov?
Correct
In Nevada, the tort of intentional infliction of emotional distress (IIED) requires the plaintiff to prove four elements: (1) extreme and outrageous conduct; (2) intent to cause, or reckless disregard of the probability of causing, emotional distress; (3) a severe emotional distress; and (4) actual harm resulting from the distress. The conduct must be so outrageous in character, and so extreme in degree, as to go beyond all possible means of decent society, and to be regarded as atrocious and utterly intolerable in a civilized community. Nevada law, as articulated in cases like *Star v. Pre-Woven Splint Co.*, emphasizes that mere insults, indignities, or petty oppressions do not rise to the level of extreme and outrageous conduct. The distress must also be severe, meaning it is more than mere annoyance or passing upset; it must be significant and debilitating. The defendant’s conduct must be directed at the plaintiff, or the defendant must know that the plaintiff is present and that the conduct is directed at a third person and is substantially certain to cause severe emotional distress to the plaintiff. The plaintiff must demonstrate a causal link between the defendant’s conduct and their severe emotional distress. The question posits a scenario where a former employer, aware of an employee’s phobia of spiders, intentionally places a large, realistic spider replica in the employee’s personal workspace with the intent to cause distress. This action, while unpleasant and potentially frightening, does not inherently meet the high threshold of “extreme and outrageous” conduct required for IIED in Nevada. The employer’s awareness of the phobia is a factor, but the act itself, while malicious, is not typically considered beyond all possible means of decent society or atrocious and utterly intolerable. The distress, while possibly significant for someone with a phobia, must also be proven to be severe in a legal sense, which can be a high bar. The scenario does not provide sufficient detail to conclude that the conduct was sufficiently extreme and outrageous to support an IIED claim under Nevada law.
Incorrect
In Nevada, the tort of intentional infliction of emotional distress (IIED) requires the plaintiff to prove four elements: (1) extreme and outrageous conduct; (2) intent to cause, or reckless disregard of the probability of causing, emotional distress; (3) a severe emotional distress; and (4) actual harm resulting from the distress. The conduct must be so outrageous in character, and so extreme in degree, as to go beyond all possible means of decent society, and to be regarded as atrocious and utterly intolerable in a civilized community. Nevada law, as articulated in cases like *Star v. Pre-Woven Splint Co.*, emphasizes that mere insults, indignities, or petty oppressions do not rise to the level of extreme and outrageous conduct. The distress must also be severe, meaning it is more than mere annoyance or passing upset; it must be significant and debilitating. The defendant’s conduct must be directed at the plaintiff, or the defendant must know that the plaintiff is present and that the conduct is directed at a third person and is substantially certain to cause severe emotional distress to the plaintiff. The plaintiff must demonstrate a causal link between the defendant’s conduct and their severe emotional distress. The question posits a scenario where a former employer, aware of an employee’s phobia of spiders, intentionally places a large, realistic spider replica in the employee’s personal workspace with the intent to cause distress. This action, while unpleasant and potentially frightening, does not inherently meet the high threshold of “extreme and outrageous” conduct required for IIED in Nevada. The employer’s awareness of the phobia is a factor, but the act itself, while malicious, is not typically considered beyond all possible means of decent society or atrocious and utterly intolerable. The distress, while possibly significant for someone with a phobia, must also be proven to be severe in a legal sense, which can be a high bar. The scenario does not provide sufficient detail to conclude that the conduct was sufficiently extreme and outrageous to support an IIED claim under Nevada law.
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                        Question 4 of 30
4. Question
Consider the situation in Nevada where Mr. Abernathy, a colleague of Ms. Dubois, maliciously and knowingly disseminates fabricated information about Ms. Dubois’s alleged professional misconduct to her clients and supervisors. Mr. Abernathy is aware that Ms. Dubois is in the final stages of consideration for a significant promotion and that these false accusations will likely jeopardize her career advancement and reputation. Following the dissemination of these rumors, Ms. Dubois experiences significant anxiety, insomnia, and a diagnosed depressive episode, forcing her to seek professional medical and psychological treatment. Which tort claim would be most applicable in Nevada for Ms. Dubois to pursue against Mr. Abernathy, given these specific circumstances and the potential for severe emotional and professional harm?
Correct
In Nevada, the tort of intentional infliction of emotional distress (IIED) requires proof of extreme and outrageous conduct, intent to cause severe emotional distress, a causal connection between the conduct and the distress, and severe emotional distress. The conduct must be so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized community. Mere insults, indignities, or annoyances, or threats, or trivialities do not rise to the level of extreme and outrageous conduct. The defendant must have intended to cause severe emotional distress or acted with reckless disregard of a high degree of probability that severe emotional distress would follow. The distress suffered by the plaintiff must be severe, meaning more than mere upset or humiliation. The scenario describes Mr. Abernathy’s actions of repeatedly spreading false rumors about Ms. Dubois’s professional incompetence to her clients and employer, knowing these rumors were untrue and that she was actively seeking a promotion. This conduct, particularly its targeted and persistent nature, and its direct impact on her career prospects and reputation, could be considered extreme and outrageous. The intent to cause distress is evident from the knowing falsity and the detrimental impact on her career. The resulting severe emotional distress, including anxiety and depression, establishes the causal link and the required severity. Therefore, Abernathy’s actions likely meet the criteria for IIED in Nevada.
Incorrect
In Nevada, the tort of intentional infliction of emotional distress (IIED) requires proof of extreme and outrageous conduct, intent to cause severe emotional distress, a causal connection between the conduct and the distress, and severe emotional distress. The conduct must be so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized community. Mere insults, indignities, or annoyances, or threats, or trivialities do not rise to the level of extreme and outrageous conduct. The defendant must have intended to cause severe emotional distress or acted with reckless disregard of a high degree of probability that severe emotional distress would follow. The distress suffered by the plaintiff must be severe, meaning more than mere upset or humiliation. The scenario describes Mr. Abernathy’s actions of repeatedly spreading false rumors about Ms. Dubois’s professional incompetence to her clients and employer, knowing these rumors were untrue and that she was actively seeking a promotion. This conduct, particularly its targeted and persistent nature, and its direct impact on her career prospects and reputation, could be considered extreme and outrageous. The intent to cause distress is evident from the knowing falsity and the detrimental impact on her career. The resulting severe emotional distress, including anxiety and depression, establishes the causal link and the required severity. Therefore, Abernathy’s actions likely meet the criteria for IIED in Nevada.
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                        Question 5 of 30
5. Question
Consider a scenario in Reno, Nevada, where a former employee, Mr. Alistair Finch, is terminated from his position at a technology firm. Following his dismissal, the company’s CEO, Ms. Beatrice Thorne, initiates a campaign of targeted harassment. Ms. Thorne repeatedly calls Mr. Finch’s new prospective employers, falsely accusing him of corporate espionage and making baseless claims about his professional incompetence, explicitly stating, “He’s a liability and will ruin your business.” She also sends anonymous packages containing graphic and disturbing imagery to his home, which he shares with his elderly mother, knowing he is highly susceptible to anxiety due to a pre-existing condition. Mr. Finch experiences a significant decline in his mental health, requiring extensive therapy and medication, and is unable to secure comparable employment. Which of the following legal conclusions most accurately reflects the potential success of an intentional infliction of emotional distress claim by Mr. Finch against Ms. Thorne and the company under Nevada law?
Correct
In Nevada, the tort of intentional infliction of emotional distress (IIED) requires the plaintiff to prove four elements: (1) extreme and outrageous conduct by the defendant; (2) the defendant’s intent to cause, or reckless disregard of the probability of causing, emotional distress; (3) the plaintiff suffered severe emotional distress; and (4) the defendant’s conduct was the actual and proximate cause of the emotional distress. Nevada law, as interpreted in cases like *Hildreth v. Burns*, emphasizes that the conduct must be beyond all bounds of decency and regarded as atrocious and utterly intolerable in a civilized community. Mere insults, indignities, or annoyances are insufficient. The distress must be severe, meaning it is more than transient or trivial. The plaintiff must demonstrate a causal link between the outrageous conduct and the resulting severe distress. The defendant’s intent can be inferred from the nature of the conduct and the surrounding circumstances. It is crucial that the conduct is directed at the plaintiff or that the plaintiff is present when the conduct occurs and is aware of it. The severity of the emotional distress is a question of fact for the jury, but the extreme and outrageous nature of the conduct is initially a question of law for the court.
Incorrect
In Nevada, the tort of intentional infliction of emotional distress (IIED) requires the plaintiff to prove four elements: (1) extreme and outrageous conduct by the defendant; (2) the defendant’s intent to cause, or reckless disregard of the probability of causing, emotional distress; (3) the plaintiff suffered severe emotional distress; and (4) the defendant’s conduct was the actual and proximate cause of the emotional distress. Nevada law, as interpreted in cases like *Hildreth v. Burns*, emphasizes that the conduct must be beyond all bounds of decency and regarded as atrocious and utterly intolerable in a civilized community. Mere insults, indignities, or annoyances are insufficient. The distress must be severe, meaning it is more than transient or trivial. The plaintiff must demonstrate a causal link between the outrageous conduct and the resulting severe distress. The defendant’s intent can be inferred from the nature of the conduct and the surrounding circumstances. It is crucial that the conduct is directed at the plaintiff or that the plaintiff is present when the conduct occurs and is aware of it. The severity of the emotional distress is a question of fact for the jury, but the extreme and outrageous nature of the conduct is initially a question of law for the court.
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                        Question 6 of 30
6. Question
Consider a scenario in Nevada where a software development firm, “Nevada Innovations,” has a binding contract with “Desert Data Solutions” to provide custom database management software by a specific deadline. A rival firm, “Sierra Systems,” aware of this contract, begins aggressively marketing a nearly identical software package to Desert Data Solutions, offering a slightly lower price and a more flexible payment schedule. Desert Data Solutions, swayed by the financial incentives and operational flexibility, terminates its contract with Nevada Innovations to enter into an agreement with Sierra Systems. Nevada Innovations subsequently sues Sierra Systems for intentional interference with contractual relations. Under Nevada law, what is the most critical element Sierra Systems would need to disprove to successfully defend against this claim?
Correct
In Nevada, the tort of intentional interference with contractual relations requires the plaintiff to demonstrate that the defendant acted with the specific intent to induce a breach of contract. The plaintiff must prove the existence of a valid contract, the defendant’s knowledge of the contract, the defendant’s intentional acts to induce a breach, actual breach of the contract, and damages resulting from the breach. A key element is the defendant’s motive; if the defendant’s actions were motivated by a legitimate business interest or a desire to protect their own rights, rather than solely to harm the plaintiff by causing a breach, the claim may fail. For instance, if a competitor offers a better deal to a party already under contract, and that party breaches to accept the superior offer, the competitor’s actions might be justifiable if their primary motive was to secure business rather than to disrupt the existing contractual relationship maliciously. The tort is not intended to prevent fair competition. The plaintiff bears the burden of proving each element, including the defendant’s malicious intent or lack of justification.
Incorrect
In Nevada, the tort of intentional interference with contractual relations requires the plaintiff to demonstrate that the defendant acted with the specific intent to induce a breach of contract. The plaintiff must prove the existence of a valid contract, the defendant’s knowledge of the contract, the defendant’s intentional acts to induce a breach, actual breach of the contract, and damages resulting from the breach. A key element is the defendant’s motive; if the defendant’s actions were motivated by a legitimate business interest or a desire to protect their own rights, rather than solely to harm the plaintiff by causing a breach, the claim may fail. For instance, if a competitor offers a better deal to a party already under contract, and that party breaches to accept the superior offer, the competitor’s actions might be justifiable if their primary motive was to secure business rather than to disrupt the existing contractual relationship maliciously. The tort is not intended to prevent fair competition. The plaintiff bears the burden of proving each element, including the defendant’s malicious intent or lack of justification.
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                        Question 7 of 30
7. Question
A construction company, “Desert Foundations Inc.,” is performing excavation work near a public sidewalk in Las Vegas, Nevada. During the excavation, a worker negligently fails to properly secure a large piece of heavy equipment, which then topples over, narrowly missing a pedestrian, Mr. Kaelen, who was walking on the sidewalk. Mr. Kaelen is unharmed but witnesses the near miss and the subsequent panic of another pedestrian, Ms. Elara, who was standing nearby and saw the equipment fall. Ms. Elara suffers severe emotional distress and anxiety as a result of witnessing the event and Mr. Kaelen’s reaction, even though she was never in any danger of physical harm herself. If Ms. Elara were to sue Desert Foundations Inc. for negligent infliction of emotional distress, what would be the likely outcome under Nevada tort law, considering she was not in the zone of danger?
Correct
The scenario involves a potential claim for negligent infliction of emotional distress (NIED) in Nevada. Nevada law, following the general trend, requires a plaintiff to demonstrate they were in the zone of danger to recover for NIED when they are not the direct victim of the defendant’s negligence. This means the plaintiff must show they were in reasonable fear of immediate physical harm as a result of the defendant’s actions. In this case, Elara, while witnessing the accident, was not herself in danger of immediate physical harm. She was a bystander observing the event from a safe distance. Therefore, she cannot satisfy the “zone of danger” requirement for NIED under Nevada law. The emotional distress she experienced, while genuine, does not stem from a fear for her own safety but from witnessing harm to another. This is a crucial distinction in NIED claims.
Incorrect
The scenario involves a potential claim for negligent infliction of emotional distress (NIED) in Nevada. Nevada law, following the general trend, requires a plaintiff to demonstrate they were in the zone of danger to recover for NIED when they are not the direct victim of the defendant’s negligence. This means the plaintiff must show they were in reasonable fear of immediate physical harm as a result of the defendant’s actions. In this case, Elara, while witnessing the accident, was not herself in danger of immediate physical harm. She was a bystander observing the event from a safe distance. Therefore, she cannot satisfy the “zone of danger” requirement for NIED under Nevada law. The emotional distress she experienced, while genuine, does not stem from a fear for her own safety but from witnessing harm to another. This is a crucial distinction in NIED claims.
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                        Question 8 of 30
8. Question
Consider the situation of Mr. Abernathy, a supervisor at a Las Vegas-based tech firm, who consistently ridiculed his subordinate, Ms. Elena Petrova, in front of colleagues. This included mocking her accent, questioning her intelligence based on her national origin, and fabricating minor performance issues that led to unwarranted disciplinary actions. Ms. Petrova claims this behavior caused her significant anxiety, sleepless nights, and a loss of self-esteem, leading her to seek professional counseling. Under Nevada tort law, what is the most likely outcome if Ms. Petrova were to pursue a claim for intentional infliction of emotional distress against Mr. Abernathy and the company, given the described conduct and its impact?
Correct
In Nevada, the tort of intentional infliction of emotional distress (IIED) requires proof of extreme and outrageous conduct, intent to cause severe emotional distress, causation, and actual severe emotional distress. The conduct must be so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized community. Mere insults, indignities, or annoyances do not rise to this level. For severe emotional distress, the distress must be more than transient or trivial; it must be of a nature that no reasonable person could be expected to endure it. The plaintiff must present evidence demonstrating the severity of the emotional harm, such as medical or psychiatric testimony, or evidence of debilitating psychological symptoms. The defendant’s knowledge of the plaintiff’s particular susceptibility to emotional distress can be a factor in determining whether the conduct was extreme and outrageous, but it is not a standalone element. In this scenario, while Mr. Abernathy’s actions were certainly unkind and unprofessional, they do not appear to meet the high threshold for extreme and outrageous conduct under Nevada law. His actions, though potentially subject to other claims like defamation or wrongful termination, lack the pervasive and malicious intent to inflict severe emotional distress that is characteristic of IIED. The distress described, while significant, is also not presented with the level of medical or psychological corroboration typically required to establish severity for IIED. Therefore, without evidence of conduct that is truly beyond the bounds of decency and demonstrably severe emotional impact, an IIED claim would likely fail.
Incorrect
In Nevada, the tort of intentional infliction of emotional distress (IIED) requires proof of extreme and outrageous conduct, intent to cause severe emotional distress, causation, and actual severe emotional distress. The conduct must be so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized community. Mere insults, indignities, or annoyances do not rise to this level. For severe emotional distress, the distress must be more than transient or trivial; it must be of a nature that no reasonable person could be expected to endure it. The plaintiff must present evidence demonstrating the severity of the emotional harm, such as medical or psychiatric testimony, or evidence of debilitating psychological symptoms. The defendant’s knowledge of the plaintiff’s particular susceptibility to emotional distress can be a factor in determining whether the conduct was extreme and outrageous, but it is not a standalone element. In this scenario, while Mr. Abernathy’s actions were certainly unkind and unprofessional, they do not appear to meet the high threshold for extreme and outrageous conduct under Nevada law. His actions, though potentially subject to other claims like defamation or wrongful termination, lack the pervasive and malicious intent to inflict severe emotional distress that is characteristic of IIED. The distress described, while significant, is also not presented with the level of medical or psychological corroboration typically required to establish severity for IIED. Therefore, without evidence of conduct that is truly beyond the bounds of decency and demonstrably severe emotional impact, an IIED claim would likely fail.
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                        Question 9 of 30
9. Question
Aboard a commercial flight departing from McCarran International Airport in Las Vegas, Nevada, Mr. Abernathy, seated in front of Ms. Vance, deliberately pushes the recline lever of his seat. This action causes the seat to move backward, forcefully pressing against Ms. Vance’s knees, which she had positioned as far forward as possible in her own limited legroom. Ms. Vance expresses immediate discomfort and a feeling of violation due to the unexpected and unwelcome physical contact. Mr. Abernathy, upon noticing her reaction, states, “It’s just a seat, lady, what’s the big deal?” considering his action to be a mere inconvenience rather than an intentional tort. Which tort claim is most likely to succeed for Ms. Vance against Mr. Abernathy under Nevada law?
Correct
The scenario presented involves a potential claim for intentional torts, specifically focusing on the elements required to establish battery under Nevada law. Battery, as defined in Nevada, requires an intentional, unlawful, and harmful or offensive touching of another person, without their consent. The intent required is not necessarily malice or ill will, but rather the intent to cause the contact or apprehension of contact. In this case, Mr. Abernathy’s action of intentionally pushing the lever, knowing it would cause the seat to recline and contact Ms. Vance’s knees, demonstrates the requisite intent to cause contact. The contact itself, the forceful pressing of her knees, is generally considered offensive if it is without consent and would offend a reasonable sense of personal dignity. Nevada follows the general principles of tort law where consent can be express or implied. Here, Ms. Vance did not consent to the seat reclining into her personal space. The fact that the seat mechanism is a standard feature of the airplane does not negate the intentional act of Mr. Abernathy in operating it in a manner that caused contact. The harm suffered by Ms. Vance, described as discomfort and a feeling of violation, is sufficient for battery. Therefore, the core elements of intentionality, unlawful contact, and offensive touching are met. The question hinges on whether Mr. Abernathy’s deliberate action of manipulating the seat mechanism, knowing it would lead to contact with Ms. Vance, constitutes the intent to commit battery. Under Nevada law, this intentional act of causing contact, even if the precise degree of discomfort was not foreseen, satisfies the intent element for battery.
Incorrect
The scenario presented involves a potential claim for intentional torts, specifically focusing on the elements required to establish battery under Nevada law. Battery, as defined in Nevada, requires an intentional, unlawful, and harmful or offensive touching of another person, without their consent. The intent required is not necessarily malice or ill will, but rather the intent to cause the contact or apprehension of contact. In this case, Mr. Abernathy’s action of intentionally pushing the lever, knowing it would cause the seat to recline and contact Ms. Vance’s knees, demonstrates the requisite intent to cause contact. The contact itself, the forceful pressing of her knees, is generally considered offensive if it is without consent and would offend a reasonable sense of personal dignity. Nevada follows the general principles of tort law where consent can be express or implied. Here, Ms. Vance did not consent to the seat reclining into her personal space. The fact that the seat mechanism is a standard feature of the airplane does not negate the intentional act of Mr. Abernathy in operating it in a manner that caused contact. The harm suffered by Ms. Vance, described as discomfort and a feeling of violation, is sufficient for battery. Therefore, the core elements of intentionality, unlawful contact, and offensive touching are met. The question hinges on whether Mr. Abernathy’s deliberate action of manipulating the seat mechanism, knowing it would lead to contact with Ms. Vance, constitutes the intent to commit battery. Under Nevada law, this intentional act of causing contact, even if the precise degree of discomfort was not foreseen, satisfies the intent element for battery.
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                        Question 10 of 30
10. Question
Consider a scenario in Nevada where Mr. Abernathy, while arguing with Ms. Bellweather in an antique shop, intentionally nudges her arm. This unexpected nudge causes Ms. Bellweather to drop a valuable antique vase she was holding, resulting in its complete destruction. Mr. Abernathy had no intent to cause the vase to break, nor did he intend to cause Ms. Bellweather any physical harm beyond the initial contact. Under Nevada tort law, what is the most accurate characterization of Mr. Abernathy’s liability for the destruction of the vase?
Correct
Nevada law, specifically concerning the tort of battery, requires an intentional, unlawful, and harmful or offensive touching of another person, without their consent. The intent required is not necessarily an intent to injure, but rather an intent to make the contact. In this scenario, the initial intentional act by Mr. Abernathy to nudge Ms. Bellweather’s arm was the volitional act. The fact that he did not intend to cause her to drop the valuable antique vase, nor did he intend for the vase to break, is irrelevant to the tort of battery. The tort is complete upon the offensive or harmful contact. The subsequent damage to the vase is a consequence of the battery, and the proximate cause of the damage is the battery itself. Therefore, Mr. Abernathy is liable for the battery, and the damages awarded would encompass the value of the broken vase as it is a direct and foreseeable result of the tortious conduct.
Incorrect
Nevada law, specifically concerning the tort of battery, requires an intentional, unlawful, and harmful or offensive touching of another person, without their consent. The intent required is not necessarily an intent to injure, but rather an intent to make the contact. In this scenario, the initial intentional act by Mr. Abernathy to nudge Ms. Bellweather’s arm was the volitional act. The fact that he did not intend to cause her to drop the valuable antique vase, nor did he intend for the vase to break, is irrelevant to the tort of battery. The tort is complete upon the offensive or harmful contact. The subsequent damage to the vase is a consequence of the battery, and the proximate cause of the damage is the battery itself. Therefore, Mr. Abernathy is liable for the battery, and the damages awarded would encompass the value of the broken vase as it is a direct and foreseeable result of the tortious conduct.
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                        Question 11 of 30
11. Question
Consider a scenario in Nevada where Ms. Bellweather, a mid-level manager, is repeatedly and publicly accused of financial impropriety, specifically embezzlement, by her superior, Mr. Abernathy. These accusations are made during departmental meetings and in front of other employees, causing Ms. Bellweather significant embarrassment and professional reputational damage. While the accusations are false, Mr. Abernathy presents them as fact based on a misinterpretation of company financial records that he himself managed. Ms. Bellweather suffers from anxiety and insomnia as a result of these public accusations. Under Nevada tort law, which of the following best describes the likelihood of success for Ms. Bellweather in a claim for intentional infliction of emotional distress against Mr. Abernathy?
Correct
In Nevada, the tort of intentional infliction of emotional distress (IIED) requires proof of extreme and outrageous conduct, intended to cause severe emotional distress, and that such conduct actually and proximately caused severe emotional distress. The conduct must be beyond all bounds of decency and regarded as atrocious and utterly intolerable in a civilized community. Mere insults, indignities, or annoyances are insufficient. The distress suffered must be severe, meaning it is beyond what a reasonable person would be expected to endure. In this scenario, while the conduct of Mr. Abernathy in repeatedly and falsely accusing Ms. Bellweather of embezzlement, in front of her colleagues and superiors, is undoubtedly humiliating and professionally damaging, it does not rise to the level of extreme and outrageous conduct required for IIED under Nevada law. Nevada courts have typically required a pattern of harassment or abuse, often involving a position of power or a vulnerable victim, to establish such conduct. While the accusations are severe, they appear to be rooted in a dispute over company finances, and without more, they are unlikely to be deemed “utterly intolerable in a civilized community” by a Nevada court. The distress, while significant, must also be severe in a legal sense, which is a high bar. Therefore, Ms. Bellweather would likely fail to meet the threshold for IIED.
Incorrect
In Nevada, the tort of intentional infliction of emotional distress (IIED) requires proof of extreme and outrageous conduct, intended to cause severe emotional distress, and that such conduct actually and proximately caused severe emotional distress. The conduct must be beyond all bounds of decency and regarded as atrocious and utterly intolerable in a civilized community. Mere insults, indignities, or annoyances are insufficient. The distress suffered must be severe, meaning it is beyond what a reasonable person would be expected to endure. In this scenario, while the conduct of Mr. Abernathy in repeatedly and falsely accusing Ms. Bellweather of embezzlement, in front of her colleagues and superiors, is undoubtedly humiliating and professionally damaging, it does not rise to the level of extreme and outrageous conduct required for IIED under Nevada law. Nevada courts have typically required a pattern of harassment or abuse, often involving a position of power or a vulnerable victim, to establish such conduct. While the accusations are severe, they appear to be rooted in a dispute over company finances, and without more, they are unlikely to be deemed “utterly intolerable in a civilized community” by a Nevada court. The distress, while significant, must also be severe in a legal sense, which is a high bar. Therefore, Ms. Bellweather would likely fail to meet the threshold for IIED.
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                        Question 12 of 30
12. Question
Consider the case of Ms. Anya, an employee at a tech firm in Reno, Nevada. During a company-wide quarterly review meeting, her direct supervisor, Mr. Silas, unexpectedly and publicly announced that Ms. Anya had recently failed a voluntary personal development course, mispronouncing her name multiple times during the announcement and smirking at her. Several colleagues were present, and the incident caused Ms. Anya significant embarrassment. The company’s HR department later issued a formal apology to Ms. Anya and conducted an internal review of Mr. Silas’s conduct. Ms. Anya is now contemplating a lawsuit against Mr. Silas for intentional infliction of emotional distress under Nevada tort law. Based on Nevada’s stringent requirements for this tort, what is the most likely outcome for Ms. Anya’s claim?
Correct
In Nevada, the tort of intentional infliction of emotional distress (IIED) requires proof of extreme and outrageous conduct, intended to cause severe emotional distress, and that the defendant’s conduct actually and proximately caused the plaintiff’s severe emotional distress. Nevada law, as established in cases like *Smith v. G.F. Trucking, Inc.*, emphasizes that the conduct must be beyond all bounds of decency and regarded as atrocious and utterly intolerable in a civilized community. Mere insults, indignities, or annoyances do not suffice. The emotional distress itself must be severe, meaning it would be unreasonable for the average member of the community to endure it. A plaintiff must also demonstrate that the defendant acted with the intent to cause severe emotional distress or with reckless disregard of the probability of causing such distress. The proximate cause element links the outrageous conduct to the resultant severe distress. In this scenario, while the actions of Mr. Silas were undoubtedly unprofessional and likely caused significant embarrassment and distress to Ms. Anya, they do not rise to the level of extreme and outrageous conduct required for IIED in Nevada. The conduct, though offensive, was confined to a single, albeit inappropriate, public announcement during a business meeting. It did not involve a prolonged pattern of harassment, threats, or conduct that would be considered utterly intolerable in a civilized society, nor does the description indicate that Ms. Anya suffered emotional distress so severe that no reasonable person could be expected to endure it. The employer’s subsequent apology and disciplinary action, while relevant to workplace conduct, do not transform the initial act into extreme and outrageous behavior for the purposes of an IIED claim. Therefore, an IIED claim would likely fail because the conduct, while objectionable, does not meet the high threshold of extreme and outrageousness and the severity of emotional distress required by Nevada law.
Incorrect
In Nevada, the tort of intentional infliction of emotional distress (IIED) requires proof of extreme and outrageous conduct, intended to cause severe emotional distress, and that the defendant’s conduct actually and proximately caused the plaintiff’s severe emotional distress. Nevada law, as established in cases like *Smith v. G.F. Trucking, Inc.*, emphasizes that the conduct must be beyond all bounds of decency and regarded as atrocious and utterly intolerable in a civilized community. Mere insults, indignities, or annoyances do not suffice. The emotional distress itself must be severe, meaning it would be unreasonable for the average member of the community to endure it. A plaintiff must also demonstrate that the defendant acted with the intent to cause severe emotional distress or with reckless disregard of the probability of causing such distress. The proximate cause element links the outrageous conduct to the resultant severe distress. In this scenario, while the actions of Mr. Silas were undoubtedly unprofessional and likely caused significant embarrassment and distress to Ms. Anya, they do not rise to the level of extreme and outrageous conduct required for IIED in Nevada. The conduct, though offensive, was confined to a single, albeit inappropriate, public announcement during a business meeting. It did not involve a prolonged pattern of harassment, threats, or conduct that would be considered utterly intolerable in a civilized society, nor does the description indicate that Ms. Anya suffered emotional distress so severe that no reasonable person could be expected to endure it. The employer’s subsequent apology and disciplinary action, while relevant to workplace conduct, do not transform the initial act into extreme and outrageous behavior for the purposes of an IIED claim. Therefore, an IIED claim would likely fail because the conduct, while objectionable, does not meet the high threshold of extreme and outrageousness and the severity of emotional distress required by Nevada law.
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                        Question 13 of 30
13. Question
Consider a situation in Nevada where Ms. Anya Sharma, a resident of Reno, lent her personal vehicle to Mr. Kai Tanaka, a visitor from out of state. Ms. Sharma observed Mr. Tanaka exhibiting slurred speech and unsteady gait prior to handing over the car keys. Shortly thereafter, Mr. Tanaka, while driving Ms. Sharma’s vehicle, caused a collision with a vehicle driven by Mr. Ben Carter, resulting in significant injuries to Mr. Carter. Mr. Tanaka’s blood alcohol content was found to be well above the legal limit at the time of the accident. If Mr. Carter sues Ms. Sharma for damages, what legal theory would most likely support a claim against Ms. Sharma for her role in the incident, given her direct observation of Mr. Tanaka’s condition?
Correct
The scenario involves potential liability for negligent entrustment, a tort recognized in Nevada. This tort occurs when a person entrusts a dangerous instrumentality to another person whom the entrustor knows or has reason to know is incompetent, inexperienced, or reckless, and this entrustment is a proximate cause of harm to a third party. In this case, the owner of the vehicle, Ms. Anya Sharma, lent her car to Mr. Kai Tanaka. The crucial element is whether Ms. Sharma had actual or constructive knowledge of Mr. Tanaka’s impaired driving ability. The question states that Mr. Tanaka had consumed alcohol and exhibited signs of intoxication, which Ms. Sharma observed. This direct observation establishes actual knowledge. Nevada law, as reflected in common tort principles and case law, holds that entrusting a vehicle to an intoxicated driver constitutes negligent entrustment. The proximate cause is established because Mr. Tanaka’s intoxication directly led to the collision and the resulting injuries to Mr. Ben Carter. Therefore, Ms. Sharma’s act of lending the car to an intoxicated Mr. Tanaka, whom she knew or should have known was unfit to drive, makes her liable for negligent entrustment. The damages awarded to Mr. Carter would be the direct result of Ms. Sharma’s tortious conduct.
Incorrect
The scenario involves potential liability for negligent entrustment, a tort recognized in Nevada. This tort occurs when a person entrusts a dangerous instrumentality to another person whom the entrustor knows or has reason to know is incompetent, inexperienced, or reckless, and this entrustment is a proximate cause of harm to a third party. In this case, the owner of the vehicle, Ms. Anya Sharma, lent her car to Mr. Kai Tanaka. The crucial element is whether Ms. Sharma had actual or constructive knowledge of Mr. Tanaka’s impaired driving ability. The question states that Mr. Tanaka had consumed alcohol and exhibited signs of intoxication, which Ms. Sharma observed. This direct observation establishes actual knowledge. Nevada law, as reflected in common tort principles and case law, holds that entrusting a vehicle to an intoxicated driver constitutes negligent entrustment. The proximate cause is established because Mr. Tanaka’s intoxication directly led to the collision and the resulting injuries to Mr. Ben Carter. Therefore, Ms. Sharma’s act of lending the car to an intoxicated Mr. Tanaka, whom she knew or should have known was unfit to drive, makes her liable for negligent entrustment. The damages awarded to Mr. Carter would be the direct result of Ms. Sharma’s tortious conduct.
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                        Question 14 of 30
14. Question
Anya Sharma, a former pit boss at the “Golden Nugget” casino in Las Vegas, Nevada, was terminated under circumstances she believed to be unfair. Following her dismissal, the casino’s general manager, Mr. Sterling, contacted several other casinos in the region where Ms. Sharma was seeking new employment. During these conversations, Mr. Sterling relayed fabricated and deeply embarrassing personal anecdotes about Ms. Sharma, which he knew to be false, and which were intended to dissuade potential employers from hiring her. While Ms. Sharma experienced significant distress and anxiety over these actions, and her job search became considerably more difficult, she was eventually able to secure employment elsewhere after several months. Based on Nevada tort law, what is the most accurate legal characterization of Mr. Sterling’s actions concerning a claim for intentional infliction of emotional distress?
Correct
In Nevada, the tort of intentional infliction of emotional distress (IIED) requires proof of extreme and outrageous conduct, intent to cause or reckless disregard of the probability of causing severe emotional distress, causation, and actual damages in the form of severe emotional distress. The conduct must be so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized community. Mere insults, indignities, or annoyances do not rise to this level. For severe emotional distress, the distress must be such that no reasonable person could be expected to endure it. Nevada law, as interpreted through cases like *Hansen v. Harrah’s* and *Star v. Prewitt*, emphasizes the objective outrageousness of the conduct and the severity of the resulting distress. The question posits a scenario where a casino manager, Mr. Sterling, disseminates false and humiliating rumors about a former employee, Ms. Anya Sharma, to potential future employers. While this conduct is certainly unethical and potentially defamatory, the question asks if it constitutes IIED under Nevada law. The key is whether the conduct, as described, meets the high threshold of “extreme and outrageous” and whether the resulting emotional distress is “severe.” The description focuses on the *dissemination of rumors* and *impact on future employment prospects*. This, while damaging, is generally not considered extreme and outrageous conduct in itself, nor does it automatically equate to severe emotional distress, which requires more than mere upset or humiliation. Without additional facts detailing the nature of the rumors or the specific, debilitating emotional impact on Ms. Sharma, the conduct, as presented, likely falls short of the stringent requirements for IIED in Nevada. Therefore, the most accurate assessment is that the facts presented do not satisfy the legal standard for intentional infliction of emotional distress.
Incorrect
In Nevada, the tort of intentional infliction of emotional distress (IIED) requires proof of extreme and outrageous conduct, intent to cause or reckless disregard of the probability of causing severe emotional distress, causation, and actual damages in the form of severe emotional distress. The conduct must be so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized community. Mere insults, indignities, or annoyances do not rise to this level. For severe emotional distress, the distress must be such that no reasonable person could be expected to endure it. Nevada law, as interpreted through cases like *Hansen v. Harrah’s* and *Star v. Prewitt*, emphasizes the objective outrageousness of the conduct and the severity of the resulting distress. The question posits a scenario where a casino manager, Mr. Sterling, disseminates false and humiliating rumors about a former employee, Ms. Anya Sharma, to potential future employers. While this conduct is certainly unethical and potentially defamatory, the question asks if it constitutes IIED under Nevada law. The key is whether the conduct, as described, meets the high threshold of “extreme and outrageous” and whether the resulting emotional distress is “severe.” The description focuses on the *dissemination of rumors* and *impact on future employment prospects*. This, while damaging, is generally not considered extreme and outrageous conduct in itself, nor does it automatically equate to severe emotional distress, which requires more than mere upset or humiliation. Without additional facts detailing the nature of the rumors or the specific, debilitating emotional impact on Ms. Sharma, the conduct, as presented, likely falls short of the stringent requirements for IIED in Nevada. Therefore, the most accurate assessment is that the facts presented do not satisfy the legal standard for intentional infliction of emotional distress.
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                        Question 15 of 30
15. Question
A long-term employee in Reno, Nevada, who had consistently received positive performance reviews, was subjected to a series of public reprimands by a new supervisor. These reprimands, often delivered in front of colleagues, criticized minor procedural errors and were accompanied by sarcastic remarks about the employee’s competence. The supervisor also began assigning the employee to less desirable tasks and overtly excluded them from team meetings. The employee, who had recently disclosed to the supervisor that they were undergoing treatment for a diagnosed anxiety disorder, experienced a significant increase in their symptoms, including panic attacks and insomnia, as a direct result of the supervisor’s behavior. The employee is now considering a claim for intentional infliction of emotional distress under Nevada law. Which of the following best assesses the likelihood of success for such a claim?
Correct
In Nevada, the tort of intentional infliction of emotional distress (IIED) requires the plaintiff to prove four elements: 1) extreme and outrageous conduct, 2) intent to cause severe emotional distress, 3) a causal connection between the wrongful conduct and the emotional distress, and 4) severe emotional distress. Nevada law, as interpreted in cases like *Smith v. G.G.C.C., Inc.*, emphasizes that the conduct must be so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized community. Mere insults, indignities, or annoyances are not sufficient. The defendant’s knowledge that the plaintiff is particularly susceptible to emotional distress may be a factor in determining outrageousness, but it is not a substitute for the extreme and outrageous nature of the conduct itself. The distress must be severe, meaning it is more than mere upset or annoyance; it must be significant and debilitating. In the scenario presented, while the employer’s actions were undoubtedly unprofessional and potentially harassing, they did not reach the threshold of extreme and outrageous conduct as defined by Nevada law. The actions, though repeated, involved public reprimands and unfavorable assignments, which, while causing distress, do not rise to the level of conduct that would be considered utterly intolerable in a civilized community. Therefore, without proof of extreme and outrageous conduct, the claim for intentional infliction of emotional distress would fail.
Incorrect
In Nevada, the tort of intentional infliction of emotional distress (IIED) requires the plaintiff to prove four elements: 1) extreme and outrageous conduct, 2) intent to cause severe emotional distress, 3) a causal connection between the wrongful conduct and the emotional distress, and 4) severe emotional distress. Nevada law, as interpreted in cases like *Smith v. G.G.C.C., Inc.*, emphasizes that the conduct must be so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized community. Mere insults, indignities, or annoyances are not sufficient. The defendant’s knowledge that the plaintiff is particularly susceptible to emotional distress may be a factor in determining outrageousness, but it is not a substitute for the extreme and outrageous nature of the conduct itself. The distress must be severe, meaning it is more than mere upset or annoyance; it must be significant and debilitating. In the scenario presented, while the employer’s actions were undoubtedly unprofessional and potentially harassing, they did not reach the threshold of extreme and outrageous conduct as defined by Nevada law. The actions, though repeated, involved public reprimands and unfavorable assignments, which, while causing distress, do not rise to the level of conduct that would be considered utterly intolerable in a civilized community. Therefore, without proof of extreme and outrageous conduct, the claim for intentional infliction of emotional distress would fail.
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                        Question 16 of 30
16. Question
A boutique winery in Nye County, Nevada, “Desert Bloom Vineyards,” had a lucrative exclusive distribution agreement with “Nevada Fine Wines LLC” for the entire state. Before the contract’s term expired, a competitor, “Sierra Spirits Inc.,” which also operated in Nevada, actively solicited Desert Bloom Vineyards’ owner, Ms. Anya Sharma, offering significantly more favorable terms for a future distribution contract, contingent on Desert Bloom Vineyards immediately terminating its current agreement with Nevada Fine Wines LLC. Ms. Sharma, swayed by the offer, informed Nevada Fine Wines LLC of the termination, causing them to lose substantial anticipated profits for the remainder of the contract term. Nevada Fine Wines LLC subsequently sued Sierra Spirits Inc. for intentional interference with contractual relations. Which of the following, if proven, would most strongly support Nevada Fine Wines LLC’s claim under Nevada tort law?
Correct
In Nevada, the tort of intentional interference with contractual relations requires the plaintiff to demonstrate: (1) the existence of a valid and subsisting contractual relationship between the plaintiff and a third party, or a business relationship with a definite expectation of pecuniary benefit; (2) the defendant’s knowledge of the relationship or expectancy; (3) the defendant’s intentional and improper act of inducing or causing a breach or termination of the relationship or expectancy; and (4) resultant damage to the plaintiff. The “improper” nature of the interference is a key element, often assessed by considering factors such as the nature of the conduct, the actor’s motive, the interests sought to be protected by the actor, the social interests in protecting the plaintiff’s expectation and the defendant’s freedom of action, the appropriateness of the conduct in the particular circumstances, and the defendant’s contribution to the loss. Nevada law, following Restatement (Second) of Torts § 767, focuses on whether the interference was improper or wrongful, not merely intentional. The absence of a privilege or justification for the interference is also a critical component in establishing liability. Therefore, to succeed, a plaintiff must prove that the defendant’s actions were not only directed at the contract but were also carried out in a manner that society deems unacceptable, thereby causing the plaintiff to suffer financial harm. The specific context of the interference, including the defendant’s role and the nature of the business relationship, is crucial in this determination.
Incorrect
In Nevada, the tort of intentional interference with contractual relations requires the plaintiff to demonstrate: (1) the existence of a valid and subsisting contractual relationship between the plaintiff and a third party, or a business relationship with a definite expectation of pecuniary benefit; (2) the defendant’s knowledge of the relationship or expectancy; (3) the defendant’s intentional and improper act of inducing or causing a breach or termination of the relationship or expectancy; and (4) resultant damage to the plaintiff. The “improper” nature of the interference is a key element, often assessed by considering factors such as the nature of the conduct, the actor’s motive, the interests sought to be protected by the actor, the social interests in protecting the plaintiff’s expectation and the defendant’s freedom of action, the appropriateness of the conduct in the particular circumstances, and the defendant’s contribution to the loss. Nevada law, following Restatement (Second) of Torts § 767, focuses on whether the interference was improper or wrongful, not merely intentional. The absence of a privilege or justification for the interference is also a critical component in establishing liability. Therefore, to succeed, a plaintiff must prove that the defendant’s actions were not only directed at the contract but were also carried out in a manner that society deems unacceptable, thereby causing the plaintiff to suffer financial harm. The specific context of the interference, including the defendant’s role and the nature of the business relationship, is crucial in this determination.
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                        Question 17 of 30
17. Question
Consider a situation in Nevada where Mr. Sterling, aware that his acquaintance, Ms. Vance, had consumed several alcoholic beverages and had a documented history of driving under the influence, nevertheless permitted her to operate his personal vehicle. Shortly thereafter, Ms. Vance, while driving Sterling’s vehicle, caused a collision, resulting in significant injuries to Mr. Chen. Mr. Chen is now considering legal action against both Ms. Vance for her negligent driving and Mr. Sterling for his role in the incident. Which of the following legal theories most accurately describes the basis for Mr. Sterling’s potential liability in this scenario under Nevada tort law?
Correct
The scenario involves a claim of negligent entrustment under Nevada law. Negligent entrustment occurs when a person entrusts a dangerous instrumentality to another person whom the entrustor knows, or reasonably should know, is incompetent, inexperienced, or reckless, and this incompetence, inexperience, or recklessness is a proximate cause of harm to a third party. In this case, the critical element is whether Mr. Sterling’s knowledge or constructive knowledge of Ms. Vance’s impaired driving ability was sufficient to establish negligent entrustment. Nevada Revised Statutes (NRS) § 41.141, while not directly addressing negligent entrustment, sets a standard for proving negligence in certain cases involving vehicles. However, the common law tort of negligent entrustment focuses on the entrustor’s knowledge and the entrustee’s incompetence. Here, Mr. Sterling allowed Ms. Vance to drive his vehicle despite knowing she had consumed a significant amount of alcohol and had a history of recent DUIs, which he himself had witnessed. This knowledge, coupled with the direct causal link between her impaired driving and the accident, establishes the elements of negligent entrustment. The measure of damages would typically include compensatory damages for the victim’s injuries and losses, and potentially punitive damages given the egregious nature of the entrustment. The question asks about the *basis* for Sterling’s liability, which directly stems from his negligent entrustment. Therefore, the most accurate description of the legal theory supporting Sterling’s potential liability is negligent entrustment.
Incorrect
The scenario involves a claim of negligent entrustment under Nevada law. Negligent entrustment occurs when a person entrusts a dangerous instrumentality to another person whom the entrustor knows, or reasonably should know, is incompetent, inexperienced, or reckless, and this incompetence, inexperience, or recklessness is a proximate cause of harm to a third party. In this case, the critical element is whether Mr. Sterling’s knowledge or constructive knowledge of Ms. Vance’s impaired driving ability was sufficient to establish negligent entrustment. Nevada Revised Statutes (NRS) § 41.141, while not directly addressing negligent entrustment, sets a standard for proving negligence in certain cases involving vehicles. However, the common law tort of negligent entrustment focuses on the entrustor’s knowledge and the entrustee’s incompetence. Here, Mr. Sterling allowed Ms. Vance to drive his vehicle despite knowing she had consumed a significant amount of alcohol and had a history of recent DUIs, which he himself had witnessed. This knowledge, coupled with the direct causal link between her impaired driving and the accident, establishes the elements of negligent entrustment. The measure of damages would typically include compensatory damages for the victim’s injuries and losses, and potentially punitive damages given the egregious nature of the entrustment. The question asks about the *basis* for Sterling’s liability, which directly stems from his negligent entrustment. Therefore, the most accurate description of the legal theory supporting Sterling’s potential liability is negligent entrustment.
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                        Question 18 of 30
18. Question
Consider a scenario in Las Vegas where an employee, Mr. Alistair Finch, is subjected to a series of highly unusual and demeaning pranks by his supervisor, Ms. Seraphina Dubois, over several months. These pranks include, but are not limited to, having his desk filled with live crickets on multiple occasions, being locked in a broom closet for extended periods without explanation, and having his personal belongings intentionally damaged and replaced with inferior items. Mr. Finch reports these incidents to HR, but they are dismissed as “team-building exercises.” As a result of these events, Mr. Finch experiences significant anxiety, insomnia, and a diagnosed panic disorder, requiring ongoing medical treatment. Under Nevada tort law, which of the following would be the most challenging element for Mr. Finch to establish to succeed in a claim for intentional infliction of emotional distress against Ms. Dubois?
Correct
In Nevada, the tort of intentional infliction of emotional distress (IIED) requires proof of extreme and outrageous conduct, intent to cause severe emotional distress, a causal connection between the conduct and the distress, and severe emotional distress. The Nevada Supreme Court has emphasized that the conduct must be so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized community. Mere insults, indignities, or trivial annoyances are not sufficient. The distress must be severe, meaning it is more than mere worry, anxiety, or hurt feelings. It typically requires substantial emotional suffering and mental anguish that would be unbearable for a reasonable person. In the context of a workplace, while harassment can be a basis for IIED, the conduct must rise to the level of extreme and outrageousness, and the resulting distress must be severe. Simple workplace disputes or disagreements, even if unpleasant, generally do not meet this high threshold. The focus is on the severity and outrageousness of the actions, not merely the unpleasantness of the work environment or the emotional reaction of the plaintiff.
Incorrect
In Nevada, the tort of intentional infliction of emotional distress (IIED) requires proof of extreme and outrageous conduct, intent to cause severe emotional distress, a causal connection between the conduct and the distress, and severe emotional distress. The Nevada Supreme Court has emphasized that the conduct must be so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized community. Mere insults, indignities, or trivial annoyances are not sufficient. The distress must be severe, meaning it is more than mere worry, anxiety, or hurt feelings. It typically requires substantial emotional suffering and mental anguish that would be unbearable for a reasonable person. In the context of a workplace, while harassment can be a basis for IIED, the conduct must rise to the level of extreme and outrageousness, and the resulting distress must be severe. Simple workplace disputes or disagreements, even if unpleasant, generally do not meet this high threshold. The focus is on the severity and outrageousness of the actions, not merely the unpleasantness of the work environment or the emotional reaction of the plaintiff.
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                        Question 19 of 30
19. Question
A casino supervisor in Las Vegas, known for his volatile temper, publicly berated a pit boss during a busy shift, accusing him of gross incompetence and threatening his job security in front of numerous patrons and staff. The supervisor’s tirade included demeaning language and personal insults unrelated to the pit boss’s job performance. Following this incident, the pit boss experienced significant anxiety, difficulty sleeping, and sought counseling for stress-related symptoms, though he was not diagnosed with a specific psychiatric disorder. What is the most likely outcome of a claim for intentional infliction of emotional distress filed by the pit boss against the casino supervisor and the casino in Nevada?
Correct
In Nevada, the tort of intentional infliction of emotional distress (IIED) requires proof of extreme and outrageous conduct, intended to cause severe emotional distress, and that such conduct actually caused severe emotional distress. The conduct must be so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious and utterly intolerable in a civilized community. Mere insults, indignities, threats, annoyances, petty oppressions, or other trivialities do not rise to the level of extreme and outrageous conduct. The Nevada Supreme Court has held that the conduct must be more than merely unpleasant or unkind. The distress suffered must be severe, meaning it must be more than transient or fleeting. It must be substantial and enduring. In this scenario, while the employer’s actions were certainly unprofessional and likely violated company policy, they do not meet the high threshold for extreme and outrageous conduct required for IIED in Nevada. The conduct, though embarrassing and upsetting, does not appear to be beyond all possible bounds of decency or utterly intolerable in a civilized community. The employee’s distress, while understandable, is not described as severe or enduring enough to satisfy the legal standard. Therefore, an IIED claim would likely fail.
Incorrect
In Nevada, the tort of intentional infliction of emotional distress (IIED) requires proof of extreme and outrageous conduct, intended to cause severe emotional distress, and that such conduct actually caused severe emotional distress. The conduct must be so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious and utterly intolerable in a civilized community. Mere insults, indignities, threats, annoyances, petty oppressions, or other trivialities do not rise to the level of extreme and outrageous conduct. The Nevada Supreme Court has held that the conduct must be more than merely unpleasant or unkind. The distress suffered must be severe, meaning it must be more than transient or fleeting. It must be substantial and enduring. In this scenario, while the employer’s actions were certainly unprofessional and likely violated company policy, they do not meet the high threshold for extreme and outrageous conduct required for IIED in Nevada. The conduct, though embarrassing and upsetting, does not appear to be beyond all possible bounds of decency or utterly intolerable in a civilized community. The employee’s distress, while understandable, is not described as severe or enduring enough to satisfy the legal standard. Therefore, an IIED claim would likely fail.
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                        Question 20 of 30
20. Question
Consider a scenario where a patron at a Las Vegas casino is accused by a floor manager of cheating at blackjack. The patron vehemently denies the accusation, but the manager, in a loud and aggressive tone, publicly reiterates the accusation in front of a significant crowd of onlookers, causing the patron considerable embarrassment. The patron is escorted from the casino floor without further physical interaction or threat. The patron later seeks to sue the casino for intentional infliction of emotional distress under Nevada law. What is the most likely outcome regarding the IIED claim?
Correct
In Nevada, the tort of intentional infliction of emotional distress (IIED) requires proof of extreme and outrageous conduct, intent to cause severe emotional distress, a causal connection between the conduct and the distress, and severe emotional distress. The conduct must be so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized community. Merely causing offense or humiliation is not enough. The conduct must be directed at the plaintiff, or the defendant must know the plaintiff is present and the conduct is directed at a third person and the distress results. In this scenario, while the actions of the casino manager were certainly unprofessional and likely violated company policy, they do not rise to the level of extreme and outrageous conduct as defined by Nevada law for IIED. The manager’s actions, though offensive and embarrassing, were confined to a single, albeit unpleasant, interaction. There is no evidence of a prolonged campaign of harassment or conduct calculated to cause severe emotional distress beyond the immediate embarrassment of the situation. Therefore, the conduct, while reprehensible, does not meet the high threshold for IIED in Nevada.
Incorrect
In Nevada, the tort of intentional infliction of emotional distress (IIED) requires proof of extreme and outrageous conduct, intent to cause severe emotional distress, a causal connection between the conduct and the distress, and severe emotional distress. The conduct must be so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized community. Merely causing offense or humiliation is not enough. The conduct must be directed at the plaintiff, or the defendant must know the plaintiff is present and the conduct is directed at a third person and the distress results. In this scenario, while the actions of the casino manager were certainly unprofessional and likely violated company policy, they do not rise to the level of extreme and outrageous conduct as defined by Nevada law for IIED. The manager’s actions, though offensive and embarrassing, were confined to a single, albeit unpleasant, interaction. There is no evidence of a prolonged campaign of harassment or conduct calculated to cause severe emotional distress beyond the immediate embarrassment of the situation. Therefore, the conduct, while reprehensible, does not meet the high threshold for IIED in Nevada.
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                        Question 21 of 30
21. Question
A patron at a Las Vegas casino, Ms. Anya Sharma, was repeatedly and publicly berated by a casino manager for a minor misunderstanding regarding a complimentary drink voucher. The manager, Mr. Silas Croft, used demeaning language, accused her of attempting to defraud the establishment, and threatened to have her banned from all Nevada casinos. This occurred in front of a crowd of onlookers. Ms. Sharma left the casino visibly distressed and reported experiencing anxiety and sleeplessness for several days afterward, but did not seek medical attention. Under Nevada tort law, which of the following best describes the likelihood of Ms. Sharma successfully pursuing a claim for intentional infliction of emotional distress against Mr. Croft and the casino?
Correct
In Nevada, the tort of intentional infliction of emotional distress (IIED) requires proof of extreme and outrageous conduct, intent to cause or reckless disregard of the probability of causing severe emotional distress, and actual causation of severe emotional distress. The conduct must be so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized community. Mere insults, indignities, or petty oppressions do not suffice. The distress suffered must be severe, meaning it is more than transient or trivial. Nevada law, as established in cases like *Star v. Pre-Fab Transit Co.*, emphasizes the outrageousness of the conduct as a threshold for recovery. The conduct must be directed at the plaintiff or, if at a third party, the defendant must have known the plaintiff was present and that the distress was substantially certain to result. In this scenario, while the actions of the casino manager were certainly unpleasant and unprofessional, they do not rise to the level of extreme and outrageous conduct required by Nevada law for IIED. The manager’s actions, though potentially constituting harassment or creating a hostile work environment, lack the sheer extremity and intolerability necessary for an IIED claim. The emotional distress described, while significant to the plaintiff, is not characterized as severe in a legal sense, such as requiring medical treatment or incapacitating the plaintiff for an extended period. Therefore, without conduct that is truly beyond the bounds of decency and severe emotional distress, the claim would likely fail.
Incorrect
In Nevada, the tort of intentional infliction of emotional distress (IIED) requires proof of extreme and outrageous conduct, intent to cause or reckless disregard of the probability of causing severe emotional distress, and actual causation of severe emotional distress. The conduct must be so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized community. Mere insults, indignities, or petty oppressions do not suffice. The distress suffered must be severe, meaning it is more than transient or trivial. Nevada law, as established in cases like *Star v. Pre-Fab Transit Co.*, emphasizes the outrageousness of the conduct as a threshold for recovery. The conduct must be directed at the plaintiff or, if at a third party, the defendant must have known the plaintiff was present and that the distress was substantially certain to result. In this scenario, while the actions of the casino manager were certainly unpleasant and unprofessional, they do not rise to the level of extreme and outrageous conduct required by Nevada law for IIED. The manager’s actions, though potentially constituting harassment or creating a hostile work environment, lack the sheer extremity and intolerability necessary for an IIED claim. The emotional distress described, while significant to the plaintiff, is not characterized as severe in a legal sense, such as requiring medical treatment or incapacitating the plaintiff for an extended period. Therefore, without conduct that is truly beyond the bounds of decency and severe emotional distress, the claim would likely fail.
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                        Question 22 of 30
22. Question
Anya Sharma, residing in Reno, Nevada, receives a distressing phone call two hours after a traffic accident in which her son, Leo, sustained critical injuries. The call, from a hospital social worker, details the severity of Leo’s condition. Anya, who was at her office across town at the time of the accident and had no direct sensory perception of the event, experiences profound emotional trauma and seeks to bring a claim for negligent infliction of emotional distress against the driver responsible for the accident. Under Nevada tort law, what is the primary legal obstacle Anya faces in pursuing a bystander claim for negligent infliction of emotional distress?
Correct
The scenario involves potential liability for negligent infliction of emotional distress (NIED) in Nevada. For a bystander claim, Nevada law, as interpreted in cases like *Owens v. United States*, generally requires the plaintiff to prove they were located so near the scene of the accident that they could reasonably fear for their own safety, and that they suffered serious emotional distress resulting from the contemporaneous observance of the death or serious physical injury of a close relative. In this case, Ms. Anya Sharma was not present at the scene of the accident where her son, Leo, was injured. She learned of the incident approximately two hours later via a phone call from a hospital social worker. This temporal and physical separation from the event itself, and the indirect manner of receiving the news, means she cannot satisfy the “contemporaneous observance” or direct sensory perception requirement typically necessary for a bystander NIED claim under Nevada law. The distress, while undoubtedly severe, did not arise from witnessing the event unfold directly. Therefore, her claim for NIED as a bystander would likely fail.
Incorrect
The scenario involves potential liability for negligent infliction of emotional distress (NIED) in Nevada. For a bystander claim, Nevada law, as interpreted in cases like *Owens v. United States*, generally requires the plaintiff to prove they were located so near the scene of the accident that they could reasonably fear for their own safety, and that they suffered serious emotional distress resulting from the contemporaneous observance of the death or serious physical injury of a close relative. In this case, Ms. Anya Sharma was not present at the scene of the accident where her son, Leo, was injured. She learned of the incident approximately two hours later via a phone call from a hospital social worker. This temporal and physical separation from the event itself, and the indirect manner of receiving the news, means she cannot satisfy the “contemporaneous observance” or direct sensory perception requirement typically necessary for a bystander NIED claim under Nevada law. The distress, while undoubtedly severe, did not arise from witnessing the event unfold directly. Therefore, her claim for NIED as a bystander would likely fail.
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                        Question 23 of 30
23. Question
A casino security guard in Las Vegas, aware of Mr. Abernathy’s documented phobia of enclosed spaces, repeatedly locks him in a small, windowless storage closet for five to ten minutes at a time during his shifts, accompanying these actions with taunts about Abernathy’s supposed cowardice. Abernathy claims he experienced panic attacks, insomnia, and a heightened sense of anxiety for several months following these incidents, though he did not seek formal psychiatric treatment. What is the most likely outcome regarding an intentional infliction of emotional distress claim brought by Mr. Abernathy against the casino in Nevada?
Correct
In Nevada, the tort of intentional infliction of emotional distress (IIED) requires proof of extreme and outrageous conduct, intent to cause severe emotional distress, causation, and actual severe emotional distress. The conduct must be beyond all bounds of decency and regarded as atrocious and utterly intolerable in a civilized community. Mere insults, indignities, or trivialities are insufficient. For instance, a single instance of verbal harassment, even if offensive, typically does not rise to the level of extreme and outrageous conduct required for IIED. The distress must also be severe, meaning it is more than mere worry, anxiety, or hurt feelings; it typically involves significant psychological harm that a reasonable person would be unable to endure. Nevada law, as established in cases like *Gomez v. John* and *Star v. Prejean*, emphasizes the severity of the conduct and the resulting emotional harm. The defendant’s knowledge of the plaintiff’s particular susceptibility to emotional distress can be a factor in determining whether the conduct was outrageous, but it is not a prerequisite. The focus remains on the objective outrageousness of the conduct itself and the resulting severe distress.
Incorrect
In Nevada, the tort of intentional infliction of emotional distress (IIED) requires proof of extreme and outrageous conduct, intent to cause severe emotional distress, causation, and actual severe emotional distress. The conduct must be beyond all bounds of decency and regarded as atrocious and utterly intolerable in a civilized community. Mere insults, indignities, or trivialities are insufficient. For instance, a single instance of verbal harassment, even if offensive, typically does not rise to the level of extreme and outrageous conduct required for IIED. The distress must also be severe, meaning it is more than mere worry, anxiety, or hurt feelings; it typically involves significant psychological harm that a reasonable person would be unable to endure. Nevada law, as established in cases like *Gomez v. John* and *Star v. Prejean*, emphasizes the severity of the conduct and the resulting emotional harm. The defendant’s knowledge of the plaintiff’s particular susceptibility to emotional distress can be a factor in determining whether the conduct was outrageous, but it is not a prerequisite. The focus remains on the objective outrageousness of the conduct itself and the resulting severe distress.
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                        Question 24 of 30
24. Question
Consider the situation in Nevada where Mr. Finch, a resident of Reno, is subjected to a series of escalating, albeit unconventional, pranks by his neighbor, Mr. Abernathy. These pranks include Abernathy repeatedly replacing Finch’s garden gnomes with effigies of political figures Finch despises, anonymously mailing Finch satirical poems mocking his professional achievements, and orchestrating a series of minor, non-damaging “accidents” designed to inconvenience Finch, such as rerouting his sprinkler system to water Abernathy’s prize-winning petunias. Abernathy openly admits to enjoying Finch’s visible frustration and anger. Finch, a normally placid individual, experiences significant distress, feeling humiliated and angry, and reports difficulty sleeping due to his constant anxiety about what Abernathy might do next. What is the most likely outcome regarding a claim for intentional infliction of emotional distress by Mr. Finch against Mr. Abernathy under Nevada law?
Correct
In Nevada, the tort of intentional infliction of emotional distress (IIED) requires the plaintiff to prove four elements: 1) extreme and outrageous conduct; 2) intent to cause, or reckless disregard of the probability of causing, emotional distress; 3) a causal connection between the wrongful conduct and the emotional distress; and 4) severe emotional distress. Nevada law, as established in cases like *Star v. Pre-Fab Building Systems, Inc.*, emphasizes that the conduct must be so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious and utterly intolerable in a civilized community. Mere insults, indignities, or annoyances, or expressions of disapproval, are not sufficient. The conduct must be directed at the plaintiff, or the defendant must know that the plaintiff is present and that the conduct is directed at a member of the plaintiff’s family, and the emotional distress must be severe. Severe emotional distress means distress that is beyond all bounds of decency, and would be regarded as atrocious and utterly intolerable in a civilized community. This is a high bar to meet. In the scenario provided, while the actions of Mr. Abernathy were certainly unpleasant and caused Mr. Finch significant distress, they likely do not rise to the level of extreme and outrageous conduct required by Nevada law for IIED. The conduct, though malicious and intended to annoy, appears to fall short of being “utterly intolerable in a civilized community.” Mr. Finch’s distress, while real, is described as feeling “humiliated and angry,” which, without further evidence of severe psychological impact, may not meet the threshold for severe emotional distress as defined by Nevada courts. Therefore, an IIED claim would likely fail.
Incorrect
In Nevada, the tort of intentional infliction of emotional distress (IIED) requires the plaintiff to prove four elements: 1) extreme and outrageous conduct; 2) intent to cause, or reckless disregard of the probability of causing, emotional distress; 3) a causal connection between the wrongful conduct and the emotional distress; and 4) severe emotional distress. Nevada law, as established in cases like *Star v. Pre-Fab Building Systems, Inc.*, emphasizes that the conduct must be so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious and utterly intolerable in a civilized community. Mere insults, indignities, or annoyances, or expressions of disapproval, are not sufficient. The conduct must be directed at the plaintiff, or the defendant must know that the plaintiff is present and that the conduct is directed at a member of the plaintiff’s family, and the emotional distress must be severe. Severe emotional distress means distress that is beyond all bounds of decency, and would be regarded as atrocious and utterly intolerable in a civilized community. This is a high bar to meet. In the scenario provided, while the actions of Mr. Abernathy were certainly unpleasant and caused Mr. Finch significant distress, they likely do not rise to the level of extreme and outrageous conduct required by Nevada law for IIED. The conduct, though malicious and intended to annoy, appears to fall short of being “utterly intolerable in a civilized community.” Mr. Finch’s distress, while real, is described as feeling “humiliated and angry,” which, without further evidence of severe psychological impact, may not meet the threshold for severe emotional distress as defined by Nevada courts. Therefore, an IIED claim would likely fail.
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                        Question 25 of 30
25. Question
A disgruntled former pit boss at a Reno casino, motivated by a perceived slight from a regular high-stakes player named Silas, begins to engage in a pattern of behavior designed to upset Silas. This includes subtly altering Silas’s preferred table assignments, making condescending remarks about Silas’s betting strategies within earshot of other patrons, and occasionally “misplacing” Silas’s usual complimentary beverage. Silas, a man known for his stoicism, experiences increased irritability and a noticeable decline in his enjoyment of the casino, leading him to spend less time there. He consults an attorney regarding a potential claim for intentional infliction of emotional distress under Nevada law. What is the most likely outcome for Silas’s claim?
Correct
In Nevada, the tort of intentional infliction of emotional distress (IIED) requires proof of extreme and outrageous conduct, intent to cause severe emotional distress, or reckless disregard of a high degree of probability of causing severe emotional distress, and actual severe emotional distress. The conduct must be so outrageous in character, and so extreme in degree, as to go beyond all possible means of decent society, and to be regarded as atrocious and utterly intolerable in a civilized community. Mere insults, indignities, or annoyances do not rise to the level of extreme and outrageous conduct. The distress must be severe, meaning it is more than mere worry, anxiety, or hurt feelings. It must be a level of emotional distress that no reasonable person could be expected to endure. Consider a scenario where a casino employee in Las Vegas, driven by a personal vendetta against a patron, Bartholomew, systematically spreads false and damaging rumors about Bartholomew’s financial irresponsibility and gambling habits to other patrons and staff. This conduct, while malicious, is primarily verbal and reputational. Bartholomew experiences significant distress, including sleeplessness and a decline in his social interactions within the casino environment. However, there is no evidence of physical harm, no direct threats, and the rumors, while harmful, do not constitute defamation per se. The employee’s actions, though reprehensible, are confined to gossip and do not involve physical intimidation, extreme psychological manipulation, or prolonged harassment that would be considered beyond the bounds of decent society in Nevada. Bartholomew’s distress, while genuine, is not described as incapacitating or requiring extensive medical or psychological intervention, falling short of the “severe” emotional distress threshold required for an IIED claim.
Incorrect
In Nevada, the tort of intentional infliction of emotional distress (IIED) requires proof of extreme and outrageous conduct, intent to cause severe emotional distress, or reckless disregard of a high degree of probability of causing severe emotional distress, and actual severe emotional distress. The conduct must be so outrageous in character, and so extreme in degree, as to go beyond all possible means of decent society, and to be regarded as atrocious and utterly intolerable in a civilized community. Mere insults, indignities, or annoyances do not rise to the level of extreme and outrageous conduct. The distress must be severe, meaning it is more than mere worry, anxiety, or hurt feelings. It must be a level of emotional distress that no reasonable person could be expected to endure. Consider a scenario where a casino employee in Las Vegas, driven by a personal vendetta against a patron, Bartholomew, systematically spreads false and damaging rumors about Bartholomew’s financial irresponsibility and gambling habits to other patrons and staff. This conduct, while malicious, is primarily verbal and reputational. Bartholomew experiences significant distress, including sleeplessness and a decline in his social interactions within the casino environment. However, there is no evidence of physical harm, no direct threats, and the rumors, while harmful, do not constitute defamation per se. The employee’s actions, though reprehensible, are confined to gossip and do not involve physical intimidation, extreme psychological manipulation, or prolonged harassment that would be considered beyond the bounds of decent society in Nevada. Bartholomew’s distress, while genuine, is not described as incapacitating or requiring extensive medical or psychological intervention, falling short of the “severe” emotional distress threshold required for an IIED claim.
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                        Question 26 of 30
26. Question
A casino patron in Las Vegas, Ms. Anya Sharma, who has a documented phobia of clowns, was subjected to a prolonged and elaborate prank by casino security staff. The staff, aware of her phobia through a previous minor incident, orchestrated a scenario where a costumed clown, hired for a promotional event, repeatedly appeared in her line of sight throughout her evening, often accompanied by loud, startling noises and taunts related to her fear. The clown’s actions, while not physically threatening, involved menacing gestures and close proximity, lasting for approximately two hours intermittently. Ms. Sharma experienced an immediate panic attack, requiring medical attention, and subsequently suffered from severe anxiety and insomnia for several weeks, necessitating professional therapy. Which of the following statements best characterizes the potential success of Ms. Sharma’s claim for intentional infliction of emotional distress under Nevada law?
Correct
In Nevada, the tort of intentional infliction of emotional distress (IIED) requires proof of extreme and outrageous conduct, intended to cause severe emotional distress, and that the defendant’s conduct actually and proximately caused the plaintiff’s severe emotional distress. The conduct must be so outrageous in character, and so extreme in degree, as to go beyond all possible means of decent society, and to be regarded as atrocious and utterly intolerable in a civilized community. Mere insults, indignities, or annoyances do not rise to the level of extreme and outrageous conduct. Nevada law, as established in cases like *Koester v. North American Van Lines, Inc.*, emphasizes the severity of the emotional distress, requiring it to be so severe that no reasonable person could be expected to endure it. Furthermore, the intent to cause distress must be present, or the conduct must be undertaken with reckless disregard of the probability of causing emotional distress. The proximate cause element links the outrageous conduct to the resulting severe distress. When evaluating a claim, courts consider the relationship between the parties, the defendant’s knowledge of the plaintiff’s particular susceptibility to emotional distress, and the nature of the conduct itself. The conduct must be more than merely negligent or careless; it must be intentional or reckless. The severity of the emotional distress is a question of fact for the jury.
Incorrect
In Nevada, the tort of intentional infliction of emotional distress (IIED) requires proof of extreme and outrageous conduct, intended to cause severe emotional distress, and that the defendant’s conduct actually and proximately caused the plaintiff’s severe emotional distress. The conduct must be so outrageous in character, and so extreme in degree, as to go beyond all possible means of decent society, and to be regarded as atrocious and utterly intolerable in a civilized community. Mere insults, indignities, or annoyances do not rise to the level of extreme and outrageous conduct. Nevada law, as established in cases like *Koester v. North American Van Lines, Inc.*, emphasizes the severity of the emotional distress, requiring it to be so severe that no reasonable person could be expected to endure it. Furthermore, the intent to cause distress must be present, or the conduct must be undertaken with reckless disregard of the probability of causing emotional distress. The proximate cause element links the outrageous conduct to the resulting severe distress. When evaluating a claim, courts consider the relationship between the parties, the defendant’s knowledge of the plaintiff’s particular susceptibility to emotional distress, and the nature of the conduct itself. The conduct must be more than merely negligent or careless; it must be intentional or reckless. The severity of the emotional distress is a question of fact for the jury.
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                        Question 27 of 30
27. Question
Consider a scenario in Nevada where a retail store manager, during a private performance review, informs a long-term employee, Mr. Abernathy, that his sales performance is “atrocious” and that he “should consider a career change to something less demanding, perhaps stocking shelves, as he clearly lacks the intellectual rigor for customer-facing roles.” The manager also makes a dismissive gesture and states, “Frankly, your presence here is becoming a liability.” Mr. Abernathy, deeply offended and embarrassed, experiences significant anxiety and a loss of confidence, leading him to seek counseling. He subsequently sues the manager and the store for intentional infliction of emotional distress. Under Nevada tort law, what is the most likely outcome for Mr. Abernathy’s claim?
Correct
In Nevada, the tort of intentional infliction of emotional distress (IIED) requires proof of four elements: (1) extreme and outrageous conduct; (2) intent to cause, or reckless disregard of the probability of causing, emotional distress; (3) a causal connection between the conduct and the distress; and (4) severe emotional distress. The Nevada Supreme Court has emphasized that the conduct must be so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious and utterly intolerable in a civilized community. Mere insults, indignities, or annoyances are not sufficient. In this scenario, the employer’s actions, while offensive and unprofessional, do not rise to the level of extreme and outrageous conduct necessary to establish IIED under Nevada law. The employer’s comments, though disparaging, were made in a private meeting and did not involve threats, physical harm, or a pattern of harassment designed to cause severe emotional distress. The employee’s reaction, while understandably upsetting, does not meet the threshold of severe emotional distress, which typically involves significant psychological harm that interferes with daily life. Therefore, without proof of extreme and outrageous conduct and severe emotional distress, the claim for IIED would likely fail.
Incorrect
In Nevada, the tort of intentional infliction of emotional distress (IIED) requires proof of four elements: (1) extreme and outrageous conduct; (2) intent to cause, or reckless disregard of the probability of causing, emotional distress; (3) a causal connection between the conduct and the distress; and (4) severe emotional distress. The Nevada Supreme Court has emphasized that the conduct must be so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious and utterly intolerable in a civilized community. Mere insults, indignities, or annoyances are not sufficient. In this scenario, the employer’s actions, while offensive and unprofessional, do not rise to the level of extreme and outrageous conduct necessary to establish IIED under Nevada law. The employer’s comments, though disparaging, were made in a private meeting and did not involve threats, physical harm, or a pattern of harassment designed to cause severe emotional distress. The employee’s reaction, while understandably upsetting, does not meet the threshold of severe emotional distress, which typically involves significant psychological harm that interferes with daily life. Therefore, without proof of extreme and outrageous conduct and severe emotional distress, the claim for IIED would likely fail.
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                        Question 28 of 30
28. Question
Consider a scenario in Nevada where a tragic accident results in the death of a 45-year-old freelance graphic designer who was the sole provider for his elderly parents and also had a minor child from a previous marriage. The designer had no surviving spouse at the time of his death. Under Nevada’s wrongful death statutes, which of the following individuals would have a legally recognized claim for damages, and what types of losses could they potentially recover?
Correct
Nevada law, specifically NRS 41.130, establishes a cause of action for wrongful death, allowing certain individuals to recover damages for the loss of a deceased person. The statute enumerates the beneficiaries who can bring such an action, generally including the surviving spouse, children, parents, and in some instances, other relatives. The damages recoverable are intended to compensate for the pecuniary loss suffered by the beneficiaries due to the death, which can encompass lost future earnings, loss of companionship, and other intangible losses. The question focuses on the specific statutory beneficiaries under Nevada law and the types of damages they can claim in a wrongful death action. The calculation of damages in a wrongful death case is complex and depends on various factors such as the deceased’s age, earning capacity, life expectancy, and the relationship of the beneficiaries to the deceased. However, this question tests the understanding of who can sue and for what losses, rather than a specific numerical calculation. The core concept is the statutory framework for wrongful death claims in Nevada, emphasizing the defined class of beneficiaries and the nature of compensable losses, which are tied to the economic and non-economic impact of the death on those survivors.
Incorrect
Nevada law, specifically NRS 41.130, establishes a cause of action for wrongful death, allowing certain individuals to recover damages for the loss of a deceased person. The statute enumerates the beneficiaries who can bring such an action, generally including the surviving spouse, children, parents, and in some instances, other relatives. The damages recoverable are intended to compensate for the pecuniary loss suffered by the beneficiaries due to the death, which can encompass lost future earnings, loss of companionship, and other intangible losses. The question focuses on the specific statutory beneficiaries under Nevada law and the types of damages they can claim in a wrongful death action. The calculation of damages in a wrongful death case is complex and depends on various factors such as the deceased’s age, earning capacity, life expectancy, and the relationship of the beneficiaries to the deceased. However, this question tests the understanding of who can sue and for what losses, rather than a specific numerical calculation. The core concept is the statutory framework for wrongful death claims in Nevada, emphasizing the defined class of beneficiaries and the nature of compensable losses, which are tied to the economic and non-economic impact of the death on those survivors.
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                        Question 29 of 30
29. Question
Consider a landlord in Nevada, Mr. Abernathy, who has a dispute with his tenant, Ms. Chen, regarding a minor utility bill discrepancy. Following this dispute, Mr. Abernathy initiates a campaign of harassment against Ms. Chen. This includes sending her multiple emails and text messages daily, many outside of normal business hours, containing unfounded accusations about her tenancy and veiled threats of eviction. He also begins to appear at her apartment door unannounced, demanding to discuss the bill, even when Ms. Chen is clearly occupied or expresses discomfort with his visits. Ms. Chen reports feeling increasingly anxious and distressed by this persistent behavior, often losing sleep and avoiding leaving her apartment due to the constant worry about Mr. Abernathy’s next interaction. However, Ms. Chen continues to work, pays her rent on time, and has not sought medical treatment for her emotional state. What is the most likely outcome regarding Ms. Chen’s potential claim for intentional infliction of emotional distress against Mr. Abernathy under Nevada law?
Correct
In Nevada, the tort of intentional infliction of emotional distress (IIED) requires the plaintiff to prove four elements: (1) extreme and outrageous conduct; (2) intent to cause, or reckless disregard of the probability of causing, emotional distress; (3) a causal connection between the conduct and the distress; and (4) severe emotional distress. The Nevada Supreme Court has consistently held that mere insults, indignities, or annoyances are not sufficient to establish extreme and outrageous conduct. The conduct must be so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious and utterly intolerable in a civilized community. For example, in *Star v. Pre-Fab Housing, Inc.*, 81 Nev. 200, 500 P.2d 1123 (1972), the court found that a seller’s actions in repossessing a mobile home, which involved entering the plaintiff’s property, removing the home, and leaving the plaintiff and her children in the rain without shelter, could constitute extreme and outrageous conduct. However, the severity of the emotional distress is also a critical factor. It must be so severe that no reasonable person could be expected to endure it. The question presents a scenario where a landlord, Mr. Abernathy, engages in a pattern of behavior towards a tenant, Ms. Chen, that includes persistent, unwelcome, and intrusive communication, along with unfounded accusations and threats of eviction, all stemming from a minor dispute over a utility bill. While Mr. Abernathy’s actions are clearly harassing and unprofessional, the critical question for IIED in Nevada is whether this conduct rises to the level of “extreme and outrageous” and whether Ms. Chen’s resulting distress is “severe.” The scenario does not detail the specific content of the communications or the exact nature of the unfounded accusations, nor does it explicitly state the severity of Ms. Chen’s emotional reaction beyond stating she felt “increasingly anxious and distressed.” Without more specific allegations of conduct that is truly beyond the bounds of decency, or evidence of a debilitating emotional impact that no reasonable person could endure, the claim for IIED would likely fail under Nevada law. The actions, while unpleasant and potentially constituting other torts or breaches of contract, may not meet the high threshold for IIED. Therefore, Mr. Abernathy’s actions, while offensive and potentially actionable under other legal theories, do not, based on the provided description, rise to the level of extreme and outrageous conduct required to sustain a claim for intentional infliction of emotional distress in Nevada.
Incorrect
In Nevada, the tort of intentional infliction of emotional distress (IIED) requires the plaintiff to prove four elements: (1) extreme and outrageous conduct; (2) intent to cause, or reckless disregard of the probability of causing, emotional distress; (3) a causal connection between the conduct and the distress; and (4) severe emotional distress. The Nevada Supreme Court has consistently held that mere insults, indignities, or annoyances are not sufficient to establish extreme and outrageous conduct. The conduct must be so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious and utterly intolerable in a civilized community. For example, in *Star v. Pre-Fab Housing, Inc.*, 81 Nev. 200, 500 P.2d 1123 (1972), the court found that a seller’s actions in repossessing a mobile home, which involved entering the plaintiff’s property, removing the home, and leaving the plaintiff and her children in the rain without shelter, could constitute extreme and outrageous conduct. However, the severity of the emotional distress is also a critical factor. It must be so severe that no reasonable person could be expected to endure it. The question presents a scenario where a landlord, Mr. Abernathy, engages in a pattern of behavior towards a tenant, Ms. Chen, that includes persistent, unwelcome, and intrusive communication, along with unfounded accusations and threats of eviction, all stemming from a minor dispute over a utility bill. While Mr. Abernathy’s actions are clearly harassing and unprofessional, the critical question for IIED in Nevada is whether this conduct rises to the level of “extreme and outrageous” and whether Ms. Chen’s resulting distress is “severe.” The scenario does not detail the specific content of the communications or the exact nature of the unfounded accusations, nor does it explicitly state the severity of Ms. Chen’s emotional reaction beyond stating she felt “increasingly anxious and distressed.” Without more specific allegations of conduct that is truly beyond the bounds of decency, or evidence of a debilitating emotional impact that no reasonable person could endure, the claim for IIED would likely fail under Nevada law. The actions, while unpleasant and potentially constituting other torts or breaches of contract, may not meet the high threshold for IIED. Therefore, Mr. Abernathy’s actions, while offensive and potentially actionable under other legal theories, do not, based on the provided description, rise to the level of extreme and outrageous conduct required to sustain a claim for intentional infliction of emotional distress in Nevada.
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                        Question 30 of 30
30. Question
Consider a scenario in Nevada where Elara, an employee at a Las Vegas casino, is subjected to a campaign of harassment by her supervisor, Mr. Thorne. Thorne, aware that Elara recently lost her spouse and is struggling with grief, repeatedly makes disparaging remarks about her competence in front of colleagues, stages mock funerals for her, and leaves anonymous notes on her desk that mock her bereavement. Elara experiences severe anxiety, insomnia, and is diagnosed with a panic disorder requiring professional medical intervention. Which tort, if any, is most clearly established by Thorne’s actions under Nevada law, considering the elements required for its proof?
Correct
In Nevada, the tort of intentional infliction of emotional distress (IIED) requires proof of extreme and outrageous conduct, intended to cause severe emotional distress, and that such conduct actually caused severe emotional distress. Nevada Revised Statutes (NRS) § 41.130, while not directly addressing IIED, establishes the right to recover damages for wrongs. The key to IIED lies in the severity of the conduct and the resulting distress. The conduct must be so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized community. Mere insults, indignities, or annoyances, or even threats, will not suffice. The emotional distress must also be severe, meaning it must be more than transient or trivial distress. It must be distress that no reasonable person would be expected to endure. In this scenario, the repeated, systematic, and public humiliation of Elara by her supervisor, coupled with the supervisor’s knowledge of Elara’s vulnerability due to her recent family tragedy and the explicit intent to exploit that vulnerability, elevates the conduct beyond mere workplace unpleasantness. The supervisor’s actions, specifically the public ridicule and the manipulation of Elara’s grief for personal amusement, are precisely the type of extreme and outrageous conduct that Nevada courts have recognized as potentially giving rise to an IIED claim. The fact that Elara suffered a diagnosed panic disorder and required medical treatment for anxiety and depression directly addresses the “severe emotional distress” element. The supervisor’s intent to cause this distress is inferable from the nature and persistence of the conduct, particularly in light of Elara’s known sensitivity. Therefore, Elara would likely have a viable claim for intentional infliction of emotional distress in Nevada.
Incorrect
In Nevada, the tort of intentional infliction of emotional distress (IIED) requires proof of extreme and outrageous conduct, intended to cause severe emotional distress, and that such conduct actually caused severe emotional distress. Nevada Revised Statutes (NRS) § 41.130, while not directly addressing IIED, establishes the right to recover damages for wrongs. The key to IIED lies in the severity of the conduct and the resulting distress. The conduct must be so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized community. Mere insults, indignities, or annoyances, or even threats, will not suffice. The emotional distress must also be severe, meaning it must be more than transient or trivial distress. It must be distress that no reasonable person would be expected to endure. In this scenario, the repeated, systematic, and public humiliation of Elara by her supervisor, coupled with the supervisor’s knowledge of Elara’s vulnerability due to her recent family tragedy and the explicit intent to exploit that vulnerability, elevates the conduct beyond mere workplace unpleasantness. The supervisor’s actions, specifically the public ridicule and the manipulation of Elara’s grief for personal amusement, are precisely the type of extreme and outrageous conduct that Nevada courts have recognized as potentially giving rise to an IIED claim. The fact that Elara suffered a diagnosed panic disorder and required medical treatment for anxiety and depression directly addresses the “severe emotional distress” element. The supervisor’s intent to cause this distress is inferable from the nature and persistence of the conduct, particularly in light of Elara’s known sensitivity. Therefore, Elara would likely have a viable claim for intentional infliction of emotional distress in Nevada.