WPI 50.14 Act of Partner Is Act of All Partners
6 WAPRAC WPI 50.14Washington Practice Series TMWashington Pattern Jury Instructions--Civil
6 Wash. Prac., Wash. Pattern Jury Instr. Civ. WPI 50.14 (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 50.14 Act of Partner Is Act of All Partners
An act or omission of a partner within the scope of the partnership business is the act or omission of all partners.
NOTE ON USE
For the scope of this instruction, see WPI 50.00 (Introduction).
Use WPI 50.12 (Partnership—Definition) or WPI 50.13 (Partnership—Scope of Partnership Business Defined), or both of them, with this instruction depending upon the questions in issue.
COMMENT
See Comment to WPI 50.13 (Partnership—Scope of Partnership Business Defined). In Dixon v. Haynes, 146 Wash. 163, 171–72, 262 P. 119 (1927), the court held that a partnership is liable for the tort of a partner committed in the scope of the partnership business.
A partnership is liable for torts committed by a partner outside the scope of the partnership business if the act was authorized by the other partners. RCW 25.05.100(2). Additionally, a partnership is liable for acts of a “purported partner” having apparent authority to act on behalf of the partnership. RCW 25.05.135(2); see also WPI 50.02.01 (Agent—Scope of Apparent Authority Defined).
Partnership law generally applies to joint ventures, so that the act of one co-venturer may bind the co-venture partnership. Pietz v. Indermuehle, 89 Wn.App. 503, 509–10, 949 P.2d 449 (1998).
[Current as of November 2021.]
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