WPI 50.00 Introduction

Scope of chapter. The instructions are intended for use in tort actions in which plaintiff seeks to establish the vicarious liability of a principal for the tortious conduct of an agent committed while acting within the scope of employment. Liability in these situations is founded upon the maxim of “respondeat superior.”

This chapter does not cover the following: (1) actions based on contract law or other non-tort theories of recovery; (2) actions based on tort theories other than respondeat superior (such as an employer's negligent supervision of employees); or (3) actions between principals and agents. The instructions contained in this Chapter 50 were not drafted to do double or multiple duty. If at times they can be so used, this is purely coincidental and requires the exercise of caution.

Instructing jurors in terms of “principal and agent.” The instructions in this chapter use the terms “principal and agent” instead of “master and servant.” The WPI Committee believes that the definition of “principal and agent” in WPI 50.01 is easily grasped by jurors. In a case involving a traditional employment relationship, however, the terms “employer and employee” might be clearer. The Restatement (Second) of Agency uses the terms “principal and agent” and “master and servant” in a technical sense to distinguish agents in general from the agents for whose acts vicarious responsibility will lie. See Restatement (Second) of Agency §§ 1, 2, 219, 220, 250 (1958). The Comments in this chapter, however, may reflect the terminology used in the cases being discussed. Like the Restatement (Third) of Agency, the Washington Pattern Jury Instructions no longer use the phrase “master and servant.” See Restatement (Third) of Agency §§ 1.01–.02, 2.04, 7.07–.08 (2006).

Organization of chapter. This chapter contains general instructions defining an agent (WPI 50.01), defining scope of authority (WPI 50.02) and advising the jury of the legal effect thereof (WPI 50.03). There are also more specific instructions, WPI 50.04– .07, aimed at giving the jury direction in returning verdicts against the proper defendants in varying situations of liability. If the more specific instructions are used, make sure they fit the particular case. It may be necessary to vary the language of these instructions.

The same is true for partnership cases. The general instructions are WPI 50.12 (Partnership—Definition), WPI 50.13 (Partnership—Scope of Partnership Business Defined), and WPI 50.14 (Act of Partner is Act of all Partners), and the specific instructions are WPI 50.15 (Partner—Liability of—No Issue as to Partnership, Agency, or Scope of Authority), WPI 50.16 (Partnership—Existence Admitted—Scope of Partnership Business in Issue—Effect), and WPI 50.17 (Partnership—Existence of Partnership in Issue—Effect). Pattern instructions cannot fit all cases. Their purpose is to present a pattern to be adapted as needed.

This chapter also contains instructions (WPI 50.20 through 50.24) for actions in which there is an issue whether a defendant was acting in concert with another party or person. See RCW 4.22.070(1).