WPI 50.17 Partnership—Existence of Partnership in Issue—Effect
6 WAPRAC WPI 50.17Washington Practice Series TMWashington Pattern Jury Instructions--Civil
6 Wash. Prac., Wash. Pattern Jury Instr. Civ. WPI 50.17 (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 50.17 Partnership—Existence of Partnership in Issue—Effect
(Acting partner)and(nonacting partners)are sued as partners.
It is denied that any partnership existed.
If you find that(acting partner)and(nonacting partners)were partners and that(acting partner)was acting within the scope of the partnership business, and if you find that(acting partner)is liable, then [both] [all] partners are liable.
If you do not find that(acting partner)is liable, then [neither] [none] of the partners [is] [are] liable.
If you find that(acting partner)was liable, but you either do not find there was a partnership or having found a partnership you do not find that(acting partner)was acting within the scope of the partnership business, then in either case(nonacting partners)[is] [are] not liable.
NOTE ON USE
For the scope of this instruction, see WPI 50.00 (Introduction).
Use this instruction only when the existence of the partnership and the scope of the partnership business are in issue. Use WPI 50.12 (Partnership—Definition) and WPI 50.13 (Partnership—Scope of Partnership Business Defined) with this instruction.
COMMENT
See Comments to WPI 50.13 (Partnership—Scope of Partnership Business Defined) and WPI 50.14 (Act of Partner is Act of All Partners).
[Current as of November 2021.]
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