NC · jury_instructions
N.C.P.I.—Civil 502.20
CONTRACTS - ISSUE OF BREACH-DEFENSE OF PREVENTION BY PLAINTIFF.
The (state number) issue reads:
"Was the defendant's failure to [perform] [abide by] a material
term of the contract caused by the conduct of the plaintiff?"
(You will answer this issue only if you have answered the (state
number)1 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,
that the plaintiff knowingly and without justification2 [prevented]
[hindered] [made more costly] defendant's [performance of] [ability to
abide by] the material term(s) of the contract which the plaintiff contends
the defendant has breached. A person does not breach a contract where
the reason for his non-compliance with a material term is the other
party's [prevention] [hinderance] [cost-enhancing conduct].3
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's failure to [perform] [abide by] a material term of the
contract was caused by the conduct of 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 502.20 (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
161494cdf56891d2838f9dbb7b1dd6d5c00618e64cef7c95b13d01e045b0b31c
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