NC · jury_instructions
N.C.P.I.—Civil 741.17
WARRANTIES IN SALES OF GOODS - ISSUE OF SELLER'S DEFENSE OF EXCLUSION OF IMPLIED WARRANTY OF MERCHANTABILITY.
The (state number) issue reads:
"Did the defendant exclude the implied warranty of merchant-ability
from the sale of the (name good) to the plaintiff?"
You will answer this issue only if you have answered the (state
number) issue "Yes" in favor of the plaintiff.
On this issue the burden of proof is on the defendant. This means
that the defendant must prove, by the greater weight of the evidence,
that the defendant excluded the implied warranty of merchantability from
the sale of the (name good) to the plaintiff.
A seller excludes1 the implied warranty of merchantability by
[stating that the (name good) is being sold "as is" or "with all
faults" or similar words]2
[calling to the buyer's attention that warranties are being excluded
and making plain to the buyer that there is no implied warranty of
merchantability]3
[making a disclaimer4 of the implied warranty of merchant-ability in
which the word "merchantability"5 is actually used].
Finally, as to this (state number) issue on which the defendant has
the burden of proof, if you find by the greater weight of the evidence that
the defendant excluded the implied warranty of merchantability from the
sale of the (name good) to the plaintiff, then it would be your duty to
answer this issue "Yes" in favor of the defendant.
If, on the other hand, you fail to so find, then it would be your duty
to answer this issue "No" in favor of the plaintiff.
History
N.C.P.I.—Civil 741.17 (May 1999). 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
38129df671801c22e7d0928a5fe234190a08b7bbf2e963139ec78aeb92a3e102
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