N.C.P.I.—Civil 505.25

The (state number) issue reads:

"What amount is the plaintiff entitled to recover from the

defendant?"

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

plaintiff,1 the plaintiff is entitled to recover nominal damages even

without proof of actual damages.2 Nominal damages consist of some

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

incurred by the plaintiff.

The plaintiff may also be entitled to recover actual damages. 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 amount of

actual damages due from the defendant.

The plaintiff's actual damages equal

[the amount of the plaintiff's3 money paid by the plaintiff to the

defendant pursuant to the contract before the plaintiff attained the age

of eighteen]4

(plus)

[the value as of the date of the contract of the (name property)

delivered by the plaintiff to the defendant]5

(less)6

[the value of any other property owned or controlled by the plaintiff

which he subsequently acquired with [money] [property] furnished by the

defendant pursuant to the contract. However, you may reduce the

plaintiff's award only by the value of the property he continues to own or

control which was subsequently acquired with the [money] [property]

furnished by the defendant pursuant to the contract.7 (You may not

reduce the plaintiff's award by the [amount of any money] [value of any

property] no longer in the plaintiff's possession or control, even if the

plaintiff lost or destroyed [it] [them] through carelessness, intemperance

or stupidity.)8 (You may not reduce the plaintiff's award for any [damage

inflicted on] [depreciation to] any property delivered by the defendant to

the plaintiff pursuant to the contract.)9 (You may not reduce the

plaintiff's award by the value of the plaintiff's use of [money] [property]

furnished by the defendant while in the possession of the plaintiff.)10

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

amount of actual damages owed by the defendant to the plaintiff, then it

would be your duty to write that amount 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.