N.C.P.I.—Civil 645.20

NOTE WELL: The existence of the covenant is a

question for the jury but the court must decide

whether or not the terms of the covenant are

reasonable, valid and not against public policy.1

This issue reads:

"Did (name plaintiff) and (name defendant) enter into a written

contract that (here state alleged covenant)?"

The burden of proof on this issue is on (name party seeking to

enforce covenant) to satisfy you by the greater weight of the evidence

that he and (name other party) entered into a written contract that (here

state alleged covenant).

For a contract limiting the rights of a person to do business

anywhere in North Carolina to be enforceable: (Here use one or more of

the following statements as the evidence justifies).2

[There must be at least two parties to the contract (there may be

any greater number).]

[There must be mutual assent by the parties, that is, a meeting of

the minds.]

[There must be sufficient consideration, that is, something of legal

value must be furnished, [in return for the other party's promise] [to

support the agreement], by the party seeking to enforce the contract.]

[The party against whom enforcement is sought must have had

legal capacity to make the promise.]

The contract must be in writing and signed by (name defendant).3

Finally, as to this issue, if you find, by the greater weight of the

evidence, that (name plaintiff) and (name defendant) entered into a

written contract that (here state alleged covenant), then you will answer

this issue "Yes."

On the other hand, if you fail to so find, then you will answer this

issue "No."