N.C.P.I.—Civil 501.10

The (state number) issue reads:

"Did the plaintiff deal1 fairly with the defendant without knowledge

or notice of the defendant's lack of mental capacity?"

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

number)2 issue "Yes" in favor of the defendant.)

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

the plaintiff must prove, by the greater weight of the evidence, four

things:3

First, that the plaintiff did not know and, under the circumstances,

did not have reason to know of the mental incapacity of the defendant.4

A person knows something when he has actual knowledge of it. A

person has reason to know something when, under the same or similar

circumstances, a reasonable person would have known it or would have

been put on notice of its existence.

Second, that the plaintiff substantially performed all of the

obligations he agreed to perform for the benefit of the defendant.5

Third, that the plaintiff did not take unfair advantage of the

defendant.

And Fourth, that the defendant has not returned, and cannot return,

the value of the plaintiff's performance.

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

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

the plaintiff dealt fairly with the defendant without knowledge or notice

of the

defendant's lack of mental capacity, then it would be your duty to answer

this issue "Yes" in favor of the plaintiff.

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 defendant.