N.C.P.I.—Civil 501.45

The (state number) issue reads:

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

result of fraud?"

(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. This means

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

things:

First, that the plaintiff [made a false representation of] [concealed]

a material fact.

(A statement of opinion, belief, recommendation, future prospects

or a promise ordinarily is not a representation of fact.3 However, a

promise can be a false representation of fact if, at the time it is made,

the person making the promise has no intention of carrying it out).4

(A concealment occurs when a person fails to disclose that which,

under the circumstances, he should disclose. A person has a duty to

disclose all facts material to a transaction or event where [he is a

fiduciary]5 [he has made a partial or incomplete representation]6 [he is

specifically questioned about them]7 [state any other situation where a

duty to disclose is imposed by law]).

Second, that the [false representation] [concealment] was

calculated to deceive. [A representation is calculated to deceive when

the person who makes it knows it to be false, or makes it recklessly,

without any knowledge of its truth or falsity, as a positive assertion.8] [A

concealment is calculated to deceive when the person who makes it

knows there is a duty to disclose, or is recklessly indifferent to a duty to

disclose].

Third, that the [false representation was made] [concealment was

done] with the intent9 to deceive.10

Fourth, that the defendant was, in fact, deceived by the [false

representation] [concealment].

Fifth, that the defendant's reliance was reasonable. The

defendant's reliance would be reasonable if, under the same or similar

circumstances, a reasonable person, in the exercise of ordinary care for

his own welfare, [would have relied on the false representation] [would

not have discovered the concealment].11

And Sixth, that the defendant entered into the contract with the

plaintiff as a result of his reliance on the plaintiff's [false representation]

[concealment].12

In deciding whether the defendant entered into the contract with

the plaintiff as a result of his reliance on the plaintiff's [false

representation] [concealment], you may consider evidence of

[any weakness of mind of the defendant]13

[any inadequacy of the [price] [consideration] paid to the

defendant for entering into the contract]14

[state any other factor supported by the evidence].

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 fraud, 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.