NC · jury_instructions
N.C.P.I.—Civil 503.91
CONTRACTS - ISSUE OF COMMON LAW REMEDY - DEFENSE (OFFSET) FOR FAILURE TO MITIGATE - AMOUNT OF CREDIT.
The (state number) issue reads:
"What amount of the damages incurred by the plaintiff could
reasonably have been mitigated by the plaintiff's use of ordinary care?"
(You will answer this issue only if you have answered the (state
number) issue "Yes" in favor of the defendant.)
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,
the amount of the damages incurred by the plaintiff which could
reasonably have been mitigated by the plaintiff's use of ordinary care.
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 the
amount of the damages incurred by the plaintiff which could reasonably
have been mitigated by the plaintiff's use of ordinary care, then it would
be your duty to answer this issue in favor of the defendant by writing
that amount in the blank space provided.
If, on the other hand, you fail to so find, then it would be your duty
to answer this issue in favor of the plaintiff by writing "zero" or "none" or
some trivial amount such as "One Dollar" in the blank space provided.
History
N.C.P.I.—Civil 503.91 (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
34fe9b3bf2127a3b0ab0aec48e2a46d9e7f4fa3db2f415ad35ec332912bf94f1
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