4.12 PRINCIPAL SUED BUT NOT AGENT—

AGENCY OR AUTHORITY DENIED

The defendant [name of alleged principal] is sued as a principal. The plaintiff claims that [name of alleged agent] was acting as [name of alleged principal]'s agent. [Name of alleged principal] [denies that [name of alleged agent] was acting as [name of alleged principal]'s agent] [admits that [name of alleged agent] was acting as [name of alleged principal]'s agent] [and] [denies that [name of alleged agent] was acting within the scope of authority.]

If you find that [name of alleged agent] [was the agent of [name of alleged principal] and] was acting within the scope of authority, then any act or omission of [name of alleged agent] was the act or omission of [name of alleged principal].

If you find that [name of alleged agent] was not acting within the scope of authority as [name of alleged principal]'s agent, then you must find for [name of alleged principal].