NC · jury_instructions
N.C.P.I.—Civil 800.06
CONSTRUCTIVE FRAUD - REBUTTAL BY PROOF OF OPENNESS, FAIRNESS AND HONESTY.
“Did the defendant act openly, fairly and honestly in bringing about
(identify transaction)?”1
(You are to 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, with regard to (identify transaction), the defendant made a full,
open disclosure of material facts, that the defendant dealt with the
plaintiff fairly, without oppression, imposition or fraud, and that the
defendant acted honestly.2
Finally, as to the (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 acted openly, fairly and honestly in bringing about (identify
transaction), 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.
NOTE WELL: If the jury answers yes to this issue, then
it may be appropriate to submit the issue of N.C.P.I.—
Civil 800.00 (“Fraud”) if the pleadings and evidence
support submission of such issue to the jury.3
History
N.C.P.I.—Civil 800.06 (Replacement May 2022). 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
4d71c99e93bb017a2d18852b2ef7b034121f0b8308f004985280daff63e84de2
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