N.C.P.I.—Civil 741.05

The (state number) issue reads:

"Did the defendant expressly warrant to the plaintiff that the (name

good) would conform to a [promise or representation of fact] [description]

[sample or model]?1

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, that

the defendant expressly warranted that the (name good) would conform

to a [promise or representation of fact] [description] [sample or model].

To create an express warranty, a seller need not use such formal

words such as "warrant" or "guarantee," or even have a specific intention

to create a warranty. Moreover, a warranty is not created by a mere

statement of the value of a (name good) or a seller's mere opinion or

commendation of a (name good).2

An express warranty may be created in several ways.

[A seller creates an express warranty by making a promise or

representation of fact to the buyer which relates to the (name good)

being sold and which becomes part of the basis of the bargain between

them. An express warranty created this way requires the (name good)

being sold to conform to the seller's promise or representation of fact.]3

[A seller (also) creates an express warranty by making a description

of the (name good) being sold part of the basis of the bargain with the

buyer. An express warranty created this way requires the (name good)

being sold to conform to the seller's description.]4

[A seller (also) creates an express warranty by showing or

demonstrating to the buyer a sample or model of the (name good) being

sold. An express warranty created this way requires the (name good)

being sold to conform to the seller's sample or model.]5

Finally, as to this (state number) issue, on which the plaintiff has

the burden of proof, if you find by the greater weight of the evidence that

the defendant expressly warranted to the plaintiff that the (name good)

would conform to a [promise or representation of fact] [description]

[sample or model], 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, it would be your duty to

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