Model Jury Instructions
Published on Model Jury Instructions (https://www.ce9.uscourts.gov/jury-instructions)

Home > Manual of Model Civil Jury Instructions > 4. Agency > 4.11 Both Principal and Agent Sued—Agency or Authority Denied

4.11 Both Principal and Agent Sued—Agency or Authority Denied

4.11 Both Principal and Agent Sued—Agency or Authority Denied

            [Defendant [name of alleged principal] is sued as the principal and the defendant [name of alleged agent] as the agent. [It is denied that any agency existed.] [It is [also] denied that [name of alleged agent] was acting within the scope of authority as an agent of [name of alleged principal].]]

            If you find that [name of alleged agent] [was the agent of [name of alleged principal]] [and] [was acting within the scope of authority], and if you find against [name of alleged agent], then you must also find against [name of alleged principal]. If you do not find against [name of alleged agent], then you must find for both [name of alleged principal] and [name of alleged agent].

            If you find against [name of alleged agent], but do not find that [name of alleged agent] was acting within the scope of authority as an agent of [name of alleged principal], then you must find that [name of alleged principal] is not liable.

File: 
File 4.11_civil_2017.wpd [1]

Source URL: https://www.ce9.uscourts.gov/jury-instructions/node/97

Links
[1] https://www.ce9.uscourts.gov/jury-instructions/sites/default/files/WPD/4.11_civil_2017.wpd