NC · jury_instructions
N.C.P.I.—Civil 735.10
ACTION FOR SERVICES RENDERED A DECEDENT - PRESUMPTION THAT COMPENSATION IS INTENDED.
Proof that services of value were rendered by (name plaintiff) and
were voluntarily received by (name decedent), raises a presumption or
will support an inference that compensation was intended by the parties,
but such presumption or inference is rebuttable. That is, such proof is
evidence from which you may find but are not compelled to find that
compensation was intended. It is always a question for the jury to find
whether or not there was a promise to pay therefor, and you should judge
from the facts and circumstances under which the services were rendered
whether it was in the contemplation of the parties that the services were
to be free or paid for.1
History
N.C.P.I.—Civil 735.10 (May 1978). 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
083f9e8e09e64adc48e77749ac0c43fa0a7e4173cacc85227525cec55c789687
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