NC · jury_instructions
N.C.P.I.—Civil 502.30
CONTRACTS - ISSUE OF BREACH-DEFENSE OF IMPOSSIBILITY (DESTRUCTION OF SUBJECT MATTER OF CONTRACT).
"Was the defendant's failure to [perform] [abide by] a material
term of the contract excused by impossibility?"1
(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.3 This means
that the defendant must prove, by the greater weight of the evidence,
three things:
First, that the subject matter of the contract was destroyed.4
Second, that the destruction of the subject matter of the contract
was not the fault of the defendant.5
And Third, that the contract between the plaintiff and the
defendant did not allocate the risk that the subject matter of the contract
might be destroyed.6
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 excused by impossibility, 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 502.30 (June 2014). 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
ea553492db190966d7e4de9532491df31d864b437cdf88d516d568fcb2aa9a47
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