NC · jury_instructions
N.C.P.I.—Civil 501.80
CONTRACTS - ISSUE OF FORMATION-DEFENSE OF INFANCY - REBUTTAL BY PROOF OF NECESSITIES.
The (state number) issue reads:
"Did the plaintiff provide the [defendant] [defendant's dependents]
with necessities [at a reasonable price] [for a reasonable fee]?"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. 3 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] [defendant's dependents]4 [was] [were]
necessary for [his] [their] essential health, well being or maintenance.
Necessities ordinarily include suchmatters as health care, food, clothing,
shelter and education.5 Whether (a) [good(s)] [service(s)] [identify other
benefit(s)] [is a necessity] [are necessities] depends on the facts and
circumstances of each case,6 but the [good(s)] [service(s)] [identify other
benefit(s)] must be indispensable to a person by reason of his
circumstances, condition or habits.7
(A [good] [service] would not be a necessity if the minor lives with
his parent or guardian.)8
(A [good] [service] would not be a necessity if the minor's parent or
guardian has contracted with the provider and the provider relies on the
credit of the parent or guardian in furnishing the [good] [service].)9
And Second, the compensation sought by the plaintiff under the
contract does not exceed the reasonable value of the [good(s)]
[service(s)] [identify other benefit(s)] provided to the defendant.10
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] [defendant's dependents] with
necessities [at a reasonable price] [for a reasonable fee], 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 501.80 (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
b75d7430b9e99997a1258e42dafa6fc2f0fe495d896fdefc438c32f89777c2e5
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