N.C.P.I.—Civil 505.20

The (state number) issue reads:

"Is the plaintiff entitled to recover the [money paid] [value of the

property delivered] to the defendant by the plaintiff under the contract

between them?"1

On this issue the burden of proof is on the plaintiff. This means

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

things:

First, that the plaintiff was under the age of eighteen at the time

he entered into the contract with the defendant.

(All of the evidence tends to show that the defendant entered into

the contract with the plaintiff on (state date) and that the plaintiff

[attained] [will attain] eighteen years of age on (state date).)

(It does not matter that the defendant did not know he was

contracting with a minor.)2

(It does not matter that the plaintiff misrepresented his age to the

defendant.)3

Second, that while he was under the age of eighteen and as a

result of the contract, the plaintiff [paid money] [delivered property] to

the defendant.

Third, that the plaintiff disavowed the contract [while he was a

minor] [within a reasonable time after attaining the age of eighteen]. To

disavow a contract, a person must communicate by words or by conduct

that he no longer wants the [benefits] [burdens] of the contract.4

Neither inaction nor silence is sufficient as a disavowal. [Where the

subject matter of the contract is real estate, the disavowal must occur

within three years of attaining the age of eighteen 5 (and not before).6]

[Where the subject matter of the contract is [personal property]

[services], the disavowal may occur at any time up to the date the former

minor attains the age of eighteen and for a reasonable period of time

thereafter. What constitutes a reasonable time depends on the facts and

circumstances of each case.7 You may consider

[the type of [property] [services] contracted for]

[the rate of depreciation of the property]8

[the perishability of the property]

[the amount of benefit conferred upon the former minor after he

attains the age of eighteen]

[the former minor's retention of the benefit(s) of the contract after

attaining the age of eighteen]9

[the opportunities available to the former minor to disavow the

contract after attaining the age of eighteen]

[conduct by the former minor after attaining the age of eighteen

that is consistent with performing the contract]10

[state other factors as are supported by the evidence].]

And Fourth, that the plaintiff has [restored] [offered to restore]11 to

the defendant so much of the [money] [property] furnished to him by the

defendant under the contract] as the plaintiff still has in his

possession.12 (However, the plaintiff has no responsibility to restore to

the defendant any [money] [property] he no longer has in his possession,

even if the plaintiff lost or destroyed it through carelessness,

intemperance or stupidity.)13 (Likewise, the plaintiff has no responsibility

for any [damage inflicted on] [depreciation to] any property delivered by

the defendant to the plaintiff pursuant to the contract.) 14 (The plaintiff

need not account for or give the defendant credit for the value of the

plaintiff's use of [money] [property] furnished by the defendant while in

the possession of the plaintiff.)15

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 that

the plaintiff is entitled to recover the [money paid] [value of the property

delivered] to the defendant by the plaintiff under the contract between

them, 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, then it would be your duty

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