Model Jury - Section 6

CIVIL INSTRUCTIONS

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6. VICARIOUS LIABILITY; INDEPENDENT CONTRACTORS

6.01   CORPORATIONS AND PARTNERSHIPS--FAIR TREATMENT

   All persons are equal before the law and a [corporation] [partnership] is entitled to the same fair and conscientious consideration by you as any other person.

6.02   LIABILITY OF CORPORATIONS--SCOPE OF AUTHORITY NOT IN ISSUE

   Under the law, a corporation is a person. It can only act through its employees, agents, directors, or officers. Therefore, a corporation is responsible for the acts of its employees, agents, directors, and officers performed within the scope of authority.

6.03   LIABILITY OF PARTNERSHIPS--SCOPE OF AUTHORITY NOT IN ISSUE

   A partnership can only act through its employees, agents, or partners. Therefore, a partnership is responsible for the acts of its employees, agents, and partners performed within the scope of authority.

6.04   AGENT AND PRINCIPAL--DEFINITION

   An agent is a person who performs services for another person under an express or implied agreement and who is subject to the other's control or right to control the manner and means of performing the services. The other person is called a principal. [One may be an agent without receiving compensation for services.] [The agency agreement may be oral or written.]

6.05   AGENT--SCOPE OF AUTHORITY DEFINED

   An agent is acting within the scope of authority if the agent is engaged in the performance of duties which were expressly or impliedly assigned to the agent by the principal.

6.06   ACT OF AGENT IS ACT OF PRINCIPAL--SCOPE OF AUTHORITY NOT IN ISSUE

   Any act or omission of an agent within the scope of authority is the act or omission of the principal.

6.07   BOTH PRINCIPAL AND AGENT SUED--NO ISSUE AS TO AGENCY OR AUTHORITY

   The defendants are sued as principal and agent. The defendant [principal's name] is the principal and the defendant [agent's name] is the agent. If you find against [agent's name], then you must also find against [principal's name]. However, if you find for [agent's name], then you must also find for [principal's name].

6.08   PRINCIPAL SUED BUT NOT AGENT--NO ISSUE AS TO AGENCY OR   AUTHORITY

   [Agent's name] was the agent of the defendant [principal's name], and, therefore, any act or omission of [agent's name] was the act or omission of [principal's name].

6.09   BOTH PRINCIPAL AND AGENT SUED--AGENCY OR AUTHORITY DENIED

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

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

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

6.10   PRINCIPAL SUED, BUT NOT AGENT--AGENCY OR AUTHORITY DENIED

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

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

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

6.11   INDEPENDENT CONTRACTOR--DEFINITION

   An independent contractor is a person who performs services for another person under an express or implied agreement and who is not subject to the other's control, or right to control, the manner and means of performing the services.

   One who engages an independent contractor is not liable to others for the acts or omissions of the independent contractor.

Comment

   This instruction does not apply to non-delegable duties.

6.12   GENERAL PARTNERSHIP--DEFINITION

   A partnership is an association of two or more persons to carry on a business as co-owners. The members of a partnership are called partners.

6.13   GENERAL PARTNERSHIP--SCOPE OF PARTNERSHIP BUSINESS DEFINED

   A partner is acting within the scope of the partnership business when doing anything which is either expressly or impliedly authorized by the partnership or which is in furtherance of the partnership business.

6.14   GENERAL PARTNERSHIP--ACT OF PARTNER IS ACT OF ALL PARTNERS

   An act or omission of a partner within the scope of the partnership business is the act or omission of all partners.

6.15   GENERAL PARTNERSHIP--LIABILITY OF PARTNER--NO ISSUE AS TO PARTNERSHIP, AGENCY, OR SCOPE OF AUTHORITY

   The defendants [names of partners] are partners. [Name of partner] was acting on behalf of the partnership and within the scope of authority. Therefore, if you decide for the plaintiff, your verdict must be against all of the partners.

6.16   PARTNERSHIP--EXISTENCE ADMITTED--SCOPE OF PARTNERSHIP BUSINESS IN ISSUE--EFFECT

   The defendant [acting partner] and the defendant [nonacting partner] are partners.

   It is denied that [acting partner] was acting within the scope of the partnership business.

   If the defendant [acting partner] was acting within the scope of the partnership business, and if you find against [acting partner], then you must find against [both] [all] defendants.

   If you find for [acting partner], then you must find for [all] [both] defendants.

   If you find against [acting partner], but you do not find that [acting partner] was acting within the scope of the partnership business, then you must find for the defendant [nonacting partner].

6.17   PARTNERSHIP--EXISTENCE OF PARTNERSHIP IN ISSUE--EFFECT

   The defendant [acting partner] and the defendant [nonacting partners] are sued as partners.

   It is denied that any partnership existed.

   If you find that [acting partner] and [nonacting partners] were partners and that [acting partner] was acting within the scope of the partnership business, and if you find against [acting partner], then you must find against [both] [all] defendants.

   If you find against [acting partner], but you either find there was no partnership or that [acting partner] was not acting within the scope of the partnership business, then, in either case, you must find for the defendant [nonacting partners].

   If you find for [acting partner], then you must find for [both] [all] of the defendants.