NC · jury_instructions
N.C.P.I.—Civil 501.15
CONTRACTS -ISSUE OF FORMATION-DEFENSE OF LACK OF MENTAL CAPACITY - REBUTTAL BY PROOF OF NECESSITIES.
The (state number) issue reads:
"Did the plaintiff provide the defendant with necessities at a
reasonable price?"1
(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
that the plaintiff must prove, by the greater weight of the evidence, two
things:
First, that the [good(s)] [service(s)] [identify other benefit(s)]
provided to the defendant [was] [were] necessary for his essential
health, well being or maintenance. Necessities ordinarily include such
things as health care, food, clothing, shelter and education. Whether (a)
[good(s)] [service(s)] [identify other benefit(s)] [is a necessity] [are
necessities] depends on the facts and circumstances of each case, but
the [good(s)] [service(s)] [identify other benefit(s)] must be
indispensable to a person by reason of his circumstances, condition or
habits.3
And Second, the compensation to the plaintiff under the contract
must be substantially equal to the reasonable value of the [good(s)]
[service(s)] [identify other benefit(s)] provided to the defendant.
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 provided the defendant with necessities at a reasonable
price, 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.
History
N.C.P.I.—Civil 501.15 (May 2003). Prepared by the North Carolina Conference of Superior Court Judges' Committee on Pattern Jury Instructions, assisted by the UNC School of Government; published by the School of Government.
Provenance
- Source
- sog.unc.edu
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
8d25166566c0df5c7f1641c4b2890e67ccbb819dba3b52913e75679441787b66
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