NC · jury_instructions
N.C.P.I.—Civil 741.18
WARRANTIES IN SALES OF GOODS - ISSUE OF SELLER'S DEFENSE OF BUYER'S ACTUAL OR CONSTRUCTIVE KNOWLEDGE OF DEFECTS - IMPLIED WARRANTY OF MERCHANTABILITY.
The (state number) issue reads:
"[Did the plaintiff know] [Should the plaintiff have known] of the
defects in the (name good) before entering into the contract of purchase
with the defendant?" 1
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 before entering into the contract of purchase with the defendant, the
plaintiff
[examined the [(name good)] [sample or model of the (name
good)] as fully as the plaintiff desired and the defect(s) in (name good)
complained of [became known to him] [should, under the circumstances,
have been discovered by him]]
[refused to examine the (name good) and the defect(s) in the
(name good) complained of [became known to him] [would, under the
circumstances, have been discovered by him]].
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 plaintiff [knew] [should have known] of the defect(s) in the (name
good) before entering into the contract of purchase with the defendant,
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 741.18 (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
02fa459c81b4a9a62a74c11c0314c88aa9868e008b784cbed1e3d2e1f84bfa4a
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