NC · jury_instructions
N.C.P.I.—Civil 741.32
WARRANTIES IN SALES OF GOODS - ISSUE OF SELLER'S DEFENSE OF EXCLUSION OF IMPLIED WARRANTY CREATED BY COURSE OF DEALING OR BY USAGE OF TRADE.
The (state number) issue reads:
"Did the defendant exclude the implied warranty created by [course
of dealing] [usage of trade] 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 created by [course of
dealing] [usage of trade] from the sale of the (name good) to the
plaintiff.
A seller excludes2 the implied warranty created by [course of
dealing] [usage of trade] by
[stating that the (name good) is being sold "as is" or "with all
faults" or similar words]3
[calling to the buyer's attention that warranties are being excluded
and making plain to the buyer that there is no implied warranty]4
Finally,5 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 created by [course of
dealing] [usage of trade] 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 741.32 (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
49dc335da83236b9b0ed6f17810ea0ada0803bb4e25ae96ba83f1ee49efa749d
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