N.C.P.I.—Civil 502.00

NOTE WELL: Use this instruction for breach when materiality is

not at issue. See N.C.P.I.—Civil 502.12 (Contracts—Issue of

Breach—Materiality) for the issue of breach when materiality is at

issue.

The (state number) issue reads:

“Did the defendant breach the contract?”

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

issue “Yes” in favor of the plaintiff.)

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, that the defendant

failed to [perform] [abide by] a term of the contract.1

In this case the plaintiff contends, and the defendant denies, that

defendant failed to [perform] [abide by] a term of the contract [by] [in one or

more of the following ways]:

(Give the plaintiff's contention(s) by identifying each term which the

plaintiff alleges has been breached by the defendant.)

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 breached the contract, 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.