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Here is how North Carolina defines undue influence in a will contest case: "Undue influence occurs when a person's professed act is not his own but is, in fact, the act of the person exerting the influence."

To establish undue influence, you must show that the following four elements are present: Vulnerability of the victim, Apparent authority of the wrongdoer, Actions and tactics used in unduly influencing the victim, and.

(B) "Special jury instructions," meaning instructions from other sources, those specially prepared by the party, or approved instructions that have been substantially modified by the party.

The last clear chance doctrine is used in tort law for cases involving negligence and is applied when both the plaintiff and defendant are responsible for an accident that resulted in harm. When applied in states with contributory negligence laws, it is often seen as a type of exception or limitation to those laws.

The last clear chance doctrine allows plaintiffs the chance of recovery even if they were negligent in their actions. In North Carolina, this doctrine plays a major role for plaintiffs as contributory negligence presents a potentially significant obstacle to recovery.

Simply put, the last clear chance doctrine says that in personal injury cases, even when the plaintiff was negligent in an accident, they can still recover damages if the defendant could have avoided the accident using ordinary and reasonable care.

Who has the burden of proving “last clear chance?” A plaintiff has the burden of proving a defendant had the last clear chance to stop an injury. In a personal injury case, a plaintiff must first show the defendant was at fault for negligently causing harm.

Either before or after the closing arguments by the lawyers, the judge will explain the law that applies to the case to you. This is the judge's instruction to the jury. You have to apply that law to the facts, as you have heard them, in arriving at your verdict.

-- (1) A contract is said to be induced by "undue influence" where the relations subsisting between the parties are such that one of the parties is in a position to dominate the will of the other and uses that position to obtain an unfair advantage over the other.