N.C.P.I.—Civil 736.01

"What amount is (name plaintiff) entitled to recover from (name

defendant)?"

You will answer this issue only if you have answered the first issue

in favor of the plaintiff.

If you have answered this first issue "Yes" in favor of the plaintiff,

the plaintiff is entitled to recover nominal damages even without proof of

actual damages. Nominal damages consist of some trivial amount such

as one dollar in recognition of the technical damage resulting from the

breach. 2

To recover more than a nominal amount, however, the burden of

proof is on the plaintiff to prove, by the greater weight of the evidence,

the reasonable value of the [(describe services rendered)] [(describe

goods delivered)] to the defendant.3

In deciding the reasonable value of the plaintiff's [(describe

services rendered)] [(describe goods delivered)], you may not consider

the defendant's financial condition. Nor may you speculate as to the

value of the [(describe services)] [(describe goods)] based upon your own

experience.4 You must consider only that evidence presented to you

which bears on the reasonable value of the [(describe services)]

[(describe goods)] actually realized and retained by the defendant.5

So I instruct you that if the plaintiff has proved, by the greater

weight of the evidence, the reasonable value of the [(describe services

rendered)] [(describe goods delivered)], then you will answer this issue

by writing the amount in the blank space provided.

On the other hand, if after considering all the evidence, you are not

so persuaded then it would be your duty to write a nominal amount such

as "One Dollar" in the blank space provided.