N.C.P.I.—Civil 501.05

The (state number) issue reads:

“Did the defendant lack sufficient mental capacity to enter into the

contract with the plaintiff?”

(You will answer this issue only if you have answered the (state

number) issue “Yes” in favor of the plaintiff.)1

On this issue the burden of proof is on the defendant.2 This means

that the defendant must prove, by the greater weight of the evidence,

that the defendant did not possess sufficient mental capacity to enter

into the contract with the plaintiff

A party to a contract must have sufficient mental capacity to

understand the nature, scope and effect of the act in which he is

engaged, to understand what he is contracting to do or refrain from

doing, to know with whom he is transacting, and to understand the

purpose for which he is contracting and the nature, scope and

consequences of his act.3 A party may have sufficient mental capacity

although he does not act wisely or discreetly, or drive a good bargain.4 A

party may also have sufficient mental capacity even if suffering from

mental weakness or infirmity.5

Finally, as to the (state number) issue on which the defendant has

the burden of proof, if you find by the greater weight of the evidence that

the defendant lacked sufficient mental capacity to enter into the contract

with the plaintiff, then it would be your duty to answer this issue “Yes” in

favor of the defendant.

If, on the other hand, you fail to so find, then it would be your duty

to answer this issue "No" in favor of the plaintiff.