AMI 704 Agency—Employment—Deviation from Route
Ark. Model Jury Instr., Civil AMI 704
Arkansas Model Jury Instructions-Civil
December 2023 Update
Chapter 7. Agency—Employment—Partnership—Joint Enterprise—Imputed Liability
AMI 704 Agency—Employment—Deviation from Route
If an [agent][employee] abandons the business of [his][her][principal][employer] to perform an act or engage in an activity for [his][her] own exclusive purpose and not in furtherance of [his][her][principal's][employer's] interests, that act or activity is not in the scope of the [agent's authority][employment].
NOTE ON USE
This instruction should be given with AMI 702 when deviation by the agent is an issue.
COMMENT
This instruction is a correct statement of the law. Nipper v. Brandon Co., 262 Ark. 17, 553 S.W.2d 27 (1977).
In Davis v. Kukar, 235 Ark. 139, 357 S.W.2d 275 (1962), the employee’s deviation was so obvious that, as a matter of law, he was acting outside the scope of his employment. In Healey v. Cockrill, 133 Ark. 327, 202 S.W. 229 (1918), the employee was not mingling his own business with that of his employer, but he had completely departed from the employer’s business.
© 2023 Arkansas Supreme Court Committee on Jury Instructions-Civil
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