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WPI 50.05 Principal Sued But Not Agent—No Issue As to Agency or Authority

6 WAPRAC WPI 50.05Washington Practice Series TMWashington Pattern Jury Instructions--Civil

6 Wash. Prac., Wash. Pattern Jury Instr. Civ. WPI 50.05 (7th ed.)
Washington Practice Series TM
Washington Pattern Jury Instructions--Civil
April 2022 Update
Washington State Supreme Court Committee on Jury Instructions
Part VI. Agency and Partnership—Torts
Chapter 50. Agency and Partnership—Torts
WPI 50.05 Principal Sued But Not Agent—No Issue As to Agency or Authority
(Agent's name)was the agent of(principal's name), and, therefore, any act or omission of the agent was the act or omission of(principal's name).
NOTE ON USE
For the scope of this instruction, see WPI 50.00 (Introduction).
Do not use this instruction if the fact of agency is in issue. If agency is denied and the principal only is sued, see WPI 50.07. If agency is denied and both principal and agent are sued, see WPI 50.06. Do not use this instruction if the scope of authority is denied. In that event use WPI 50.02 (Agent—Scope of Authority Defined) or WPI 50.02.01 (Agent—Scope of Apparent Authority Defined).
COMMENT
If the agent is not negligent, the principal is not vicariously liable. Brink v. Martin, 50 Wn.2d 256, 258, 310 P.2d 870 (1957) (agent was dismissed by the trial court).
[Current as of November 2021.]
End of Document