NC · jury_instructions
N.C.P.I.—Civil 807.56
BREACH OF DUTY - CONTROLLING SHAREHOLDER OF CLOSELY HELD CORPORATION - ISSUE OF TAKING IMPROPER ADVANTAGE OF POWER.
The (state number) issue reads:
"Did the defendant3 take improper advantage of his power as a
controlling shareholder of (name corporation)?"
(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 plaintiff. This means
that the plaintiff must prove, by the greater weight of the evidence, two
things:
First, that the defendant controlled (name corporation) through the
exercise of his power as controlling shareholder.
And Second, that the defendant used his power as controlling
shareholder to the detriment of the plaintiff and for the benefit of the
defendant.4
Finally, as to the (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 took improper advantage of his power as controlling
shareholder of (name corporation), 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 807.56 (May 2002). 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
85485056ee4d2782eec794b3a3b4d2bc1703b2316143829d0311e2d2a806eb0a
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