WPI 50.06 Both Principal and Agent Sued—Agency or Authority Denied
6 WAPRAC WPI 50.06Washington Practice Series TMWashington Pattern Jury Instructions--Civil
6 Wash. Prac., Wash. Pattern Jury Instr. Civ. WPI 50.06 (7th ed.)
Washington Practice Series TM
Washington Pattern Jury Instructions--Civil
April 2022 Update
Part VI. Agency and Partnership—Torts
Chapter 50. Agency and Partnership—Torts
WPI 50.06 Both Principal and Agent Sued—Agency or Authority Denied
[(Principal's name)is sued as the principal and(agent's name)as the agent. [(Principal's name)denies that any agency existed.] [(Principal's name)[also] denies that(agent's name)was acting within the scope of authority as an agent of(principal's name)]].
If you find that(agent's name)[was the agent of(principal's name)] [and] [was acting within the scope of authority], and if you find(agent's name)is liable, then both are liable. If you do not find that(agent's name)is liable, then neither is liable.
If you find that(agent's name)is liable but do not find that he or she was acting [as an agent of(principal's name)] [or] [within the scope of the authority as an agent of(principal's name)], then(principal's name)is not liable.
NOTE ON USE
For the scope of this instruction, see WPI 50.00 (Introduction).
Use bracketed material as applicable. The entire bracketed first paragraph may be omitted from this instruction and included instead in the statement of the claims and issues in WPI 20.01 (Issues).
This instruction may be adapted to fit the facts of a case even though both the principal and agent are not parties to the action. If the instruction is not suitable, then see WPI 50.07 (Principal Sued, But Not Agent—Agency or Authority Denied), or for more general instructions, see WPI 50.01 (Agent and Principal—Definition), WPI 50.02 (Agent—Scope of Authority Defined), WPI 50.02.01 (Agent—Scope of Apparent Authority Defined), and WPI 50.03 (Act of Agent is Act of Principal). See WPI 50.00 (Introduction).
Use WPI 50.01 (Agent and Principal—Definition) with this instruction.
Use this instruction only when there is an issue as to agency. If there is no issue as to agency and both principal and agent are sued, use WPI 50.04 (Both Principal and Agent Sued—No Issue As To Agency Or Authority). If there is no issue as to agency and the principal only is sued, use WPI 50.05 (Principal Sued But Not Agent—No Issue As To Agency Or Authority).
COMMENT
See generally the Comment to WPI 50.03 (Act of Agent is Act of Principal).
[Current as of November 2021.]
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