N.C.P.I.—Civil 501.20

The (state number) issue reads:

"Did the defendant regain his mental capacity and ratify the

contract entered into with the plaintiff?"

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

number) issue1 "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, three

things:

First, that the defendant regained his mental capacity after he

entered into the contract with the plaintiff. This means the defendant

must have regained his ability to understand the nature, scope and effect

of the contract, to understand what he contracted to do or refrain from

doing, to know with whom he contracted, and to understand the purpose

for which he contracted and the scope and consequences of his act. A

person can regain mental capacity but still not act wisely or discretely, or

drive a good bargain. A person may regain mental capacity even while

continuing to suffer from mental weakness or infirmity.2

Second, that, after regaining mental capacity, the defendant knew

or, under the circumstances, had reason to know of all of the material

facts and circumstances involved with the contract.3 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.

And Third, that, after regaining mental capacity, the defendant

retained the benefit of the plaintiff's performance.4

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 defendant regained his mental capacity and ratified the contract

entered into with the plaintiff, 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.