N.C.P.I.—Civil 501.35

The (state number) issue reads:

"Did the defendant enter into the contract with the plaintiff as a

result of undue influence?"1

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

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

On this issue the burden of proof is on the defendant.3 This means

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

that the defendant entered into the contract with the plaintiff as a result

of undue influence.

Undue influence occurs when a person's professed act is not his

own, but is in fact the act of the person exerting the influence.4 Influence

is undue when it causes a person to enter into a contract when he would

not otherwise have done so.5 The undue influence must act upon the free

will of a person at the time he enters into a contract.6

The existence of undue influence is for you to determine from all

the facts and circumstances in evidence. You may consider, together with

all the other relevant facts and circumstances, the following:7 the

defendant's

[age]

[physical condition]

[mental condition]

[[dependence upon] [association with] [relationship with] [custody

by] (state name of person exerting influence)]

[opportunity to [associate] [have a relationship] with persons other

than (state name of person exerting influence)]

[relationship (by blood) to the other parties to the transaction]

[the degree to which the defendant was influenced to enter into the

contract by (state name of person exerting influence)]

[(state any other relevant factors supported by the evidence)]

(Undue influence does not necessarily involve a bad or improper

motive).8

(Mere persuasion, without more, is not undue influence. A person

may use fair argument and persuasion to induce another to enter into a

contract in his favor.)9

(Influence gained by kindness and affection, without more, is not

undue, even if it induces a person to enter into a contract that is

unwise.)10

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 entered into the contract with the plaintiff as a result of

undue influence, 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.