NC · jury_instructions
N.C.P.I.—Civil 813.96
MISAPPROPRIATION OF TRADE SECRET - ISSUE OF CAUSATION.
The (state number) issue reads:
"Did the defendant's misappropriation of the plaintiff's trade secret
[cause1 economic loss to the plaintiff] [unjustly enrich the defendant]?"
You will answer this issue only if you have found in the plaintiff's
favor on the (state number) issue(s).
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 plaintiff has suffered an economic loss] [the
defendant has been unjustly enriched], and
And Second, that the defendant's misappropriation of the plaintiff's
trade secret was a cause of [the plaintiff's economic loss] [the
defendant's unjust enrichment].
A cause is an event or act which in a natural and continuous
sequence produces the [economic loss] [unjust enrichment].
There may be more than one cause of an [economic loss] [unjust
enrichment]. Therefore, the plaintiff need not prove that the defendant's
conduct was the sole cause of the [plaintiff's economic loss] [defendant's
unjust enrichment]. The plaintiff must prove, by the greater weight of
the evidence, only that the defendant's conduct was a cause.
There may be more than one cause of an [economic loss] [unjust
enrichment]. Therefore, the plaintiff need not prove that the defendant’s
conduct was the sole cause of the [plaintiff’s economic loss] [defendant’s
unjust enrichment]. The plaintiff must prove, by the greater weight of
the evidence, only that the defendant’s conduct was a cause.
Finally, as to this issue on which the plaintiff has the burden of
proof, if you find by the greater weight of the evidence that the [plaintiff
has suffered an economic loss] [defendant has been unjustly enriched],
and that the defendant’s misappropriation of the plaintiff’s trade secret
was a cause of [the plaintiff’s economic loss] [the defendant’s unjust
enrichment], 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 813.96 (June 2013). 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
1196261cd7864ff6553a496b076e66ffd1f7ca615c9f89316741bb2335d2302c
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