N.C.P.I.—Civil 504.06

The (state number) issue reads:

"Did the plaintiff rightfully reject the defendant's [delivery] [tender]

of the (name good)?"1

(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

the plaintiff must prove, by the greater weight of the evidence, two

things:

First, that the plaintiff rejected the (name good) within a

reasonable time after its [delivery] [tender] by the defendant.2 (The

plaintiff cannot reject the (name good) once he has accepted it.

Acceptance occurs and the plaintiff's right to reject is cut off if, after the

plaintiff has a reasonable opportunity to inspect the (name good),

[the plaintiff communicates to the defendant that the (name good)

conforms to the contract]3

[the plaintiff communicates to the defendant that he will take and

retain the (name good) in spite of its non-conformity]4

[the plaintiff fails to make an effective rejection of the (name

good)]5

[the plaintiff proceeds to [use] [sell] or take any other act

inconsistent with the defendant's ownership of the (name good)]6)

And Second, that the plaintiff notified the defendant of the

rejection, and that such notice was seasonable. Notice is "seasonable"

when it is [given at or within the time agreed] [within a reasonable time

if there is no time agreed].7 (If the defect is ascertainable by reasonable

inspection and the defendant could have cured it had he known what it

was, the plaintiff's notice must state the particular defect.)8

Finally, as to this (state number) issue on which the plaintiff has

the burden of proof, if you find by the greater weight of the evidence that

the plaintiff rightfully rejected the defendant's [delivery] [tender] of the

(name good), 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, it would be your duty to

answer this issue "No" in favor of the defendant.