NC · jury_instructions
N.C.P.I.—Civil 747.20
WARRANTIES IN SALES OF DWELLINGS - ISSUE OF BREACH OF IMPLIED WARRANTY OF HABITABILITY.
The (state number) issue reads:
"Did the defendant breach the implied warranty of workmanlike
quality?"
You will answer this issue only if you have answered the (state
number) issue "Yes" in favor of the plaintiff (and the (state number) issue
"No" in favor of the plaintiff).
On this issue the burden of proof is on the plaintiff. This means
the plaintiff must prove, by the greater weight of the evidence, that the
defendant breached the implied warranty of workmanlike quality.
A breach occurs if the dwelling is not constructed [sufficiently free
of major structural defects]1 [in a workmanlike manner so that it meets
the standard of workmanlike quality then prevailing at the time and place
of construction.2 "Workmanlike manner" means work done with the
ordinary care customarily used by a skilled workman under the same or
similar circumstances.3] 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 breached the implied warranty of
workmanlike quality, 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, then it would be your duty
to answer this issue "No" in favor of the defendant.
History
N.C.P.I.—Civil 747.20 (December 2003). 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
6ee96427f2b0ed0477e88384b705d53add3dbed793dffc811e9ff4fc1653f953
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