N.C.P.I.—Civil 503.01

"What restitution is the plaintiff entitled to recover from the

defendant after electing to cancel the contract?"1

If you have answered the (state number) issue "Yes" in favor of the

plaintiff, the plaintiff is entitled to recover a nominal sum even without

proof of an actual restitution amount. A nominal sum consists of some

trivial amount such as one dollar in recognition of the technical rights of

the plaintiff.

The plaintiff may also be entitled to recover restitution in the form

of (money) (property). 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, the actual amount of restitution due from the defendant.

The plaintiff's actual restitution equals

[the amount of money paid by the plaintiff to the defendant

pursuant to the contract]2

(plus)

[the amount of money paid by the plaintiff to any third person as a

direct and foreseeable consequence of entering into the contract]3

(plus)

[any property which the plaintiff [delivered] [conveyed] to the

defendant pursuant to the contract (if it is still in the possession of the

defendant) (plus an amount equal to the fair rental value4 of such

property while in the defendant's possession) (plus an amount for any

damage to such property while in the defendant's possession)]

(or)

[the fair market value5 as of the date of the contract of the (name

property) delivered by the plaintiff to the defendant pursuant to the

contract]

(less)

(any credits to which the defendant is entitled. The defendant is

entitled to a credit against the sum owed to the plaintiff for

[the fair rental value of the (describe property) while it was in the

possession of the plaintiff]6

[an amount for any damage to the (describe property) while it was

in the possession of the plaintiff]7

[the amount of depreciation to the (describe property) caused by

the plaintiff's use]8

[the fair market value of any services rendered by the defendant to

the plaintiff and retained by the plaintiff]

[the fair market value as of the date of the contract of any property

(or portion of any property) which the plaintiff with reasonable

justification cannot now return to 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 the

actual restitution owed by the defendant to the plaintiff, then it would be

your duty to write that [amount] [property description]9 in the blank

space provided.

If, on the other hand, you fail to so find, then it would be your duty

to write a nominal sum such as "One Dollar" in the blank space provided.