N.C.P.I.—Civil 850.25

“Was the [execution] [delivery] of (identify deed) by (name grantor)

procured by fraud?”

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, six

things:

First, that (name grantor) [made a false representation of]

[concealed] a material fact.

(A statement of opinion, belief, recommendation, future prospects

or a promise ordinarily is not a representation of fact.3 However, a

promise can be a false representation of fact if, at the time it is made,

the person making the promise has no intention of carrying it out).4

(A concealment occurs when a person fails to disclose that which,

under the circumstances, should be disclosed. A person has a duty to

disclose all facts material to a transaction or event where that person [is

a fiduciary]5 [has made a partial or incomplete representation]6 [is

specifically questioned about them]7 [(state any other situation where a

duty to disclose is imposed by law)]).

Second, that the [false representation] [concealment] was

calculated to deceive. [A representation is calculated to deceive when the

person who makes it knows it to be false, or makes it recklessly, without

any knowledge of its truth or falsity, as a positive assertion.8] [A

concealment is calculated to deceive when the person who makes it

knows there is a duty to disclose, or is recklessly indifferent to a duty to

disclose].

Third, that the [false representation was made][concealment was

done] with the intent9 to deceive.10

Fourth, that (name grantor) was, in fact, deceived by the [false

representation] [concealment].

Fifth, that (name grantor's) reliance was reasonable. (Name

grantor's) reliance would be reasonable if, under the same or similar

circumstances, a reasonable person, in the exercise of ordinary care for

his or her own welfare, [would have relied on the false representation]

[would not have discovered the concealment].11

And Sixth, that (name grantor) [executed] [delivered] the (identify

deed) as a result of (name grantor’s) reliance on (name person's) [false

representation] [concealment].12 In deciding whether (name grantor)

[executed] [delivered] the [identify deed] as a result of (name grantor’s)

reliance on (name person's) [false representation] [concealment], you

may consider evidence of

[any weakness of mind of (name grantor)]13

[any inadequacy of the [price][consideration] paid to (name grantor)

for entering into the contract]14

[(state any other factor supported by the evidence)].

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 (name grantor's) [execution] [delivery] of [identify deed] was

procured by fraud, 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.