NC · jury_instructions
N.C.P.I.—Civil 501.65
CONTRACTS-ISSUE OF FORMATION-DEFENSE OF INFANCY.
The (state number) issue reads:
"Was the defendant under the age of eighteen2 at the time he
entered into the contract with the plaintiff?"
(You will answer this issue only if you have answered the (state
number)3 issue "Yes" in favor of the plaintiff.)
On this issue the burden of proof is on the defendant.4 This means
the defendant must prove, by the greater weight of the evidence, that he
was under the age of eighteen at the time he entered into the contract
with the plaintiff.
(All of the evidence tends to show that the defendant entered into
the contract with the plaintiff on (state date) and that the defendant
[attained] [will attain] eighteen years of age on (state date).)
(It does not matter that the plaintiff did not know he was
contracting with a minor.)5
(It does not matter that the defendant misrepresented his age to
the plaintiff.)6
(It does not matter whether the defendant has returned or is even
able to return the [money] [property] [name other consideration]
originally obtained from the plaintiff.)7
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 was under the age of eighteen at the time he entered into
the contract with the plaintiff, 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.
History
N.C.P.I.—Civil 501.65 (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
cdaa263330fcd262059b117fbecb9649f53e954a0cd5f850ffda954f970e522f
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