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].
Links
[1] https://www.ce9.uscourts.gov/jury-instructions/sites/default/files/WPD/4.12_civil_2017.wpd