CACI No. 3610

[Name of plaintiff] claims that [he/she/ nonbinary pronoun] was harmed by

[name of actor]’s [insert tort theory, e.g., assault and battery] and that

[name of defendant] is responsible for the harm because [he/she/ nonbinary

pronoun] aided and abetted [name of actor] in committing the [e.g.,

assault and battery].

If you find that [name of actor] committed [a/an] [e.g., assault and battery]

that harmed [name of plaintiff], then you must determine whether [name

of defendant] is also responsible for the harm. [Name of defendant] is

responsible as an aider and abetter if [name of plaintiff] proves all of the

following:

1. That [name of defendant] knew that [a/an] [e.g., assault and

battery] was [being/going to be] committed by [name of actor]

against [name of plaintiff];

2. That [name of defendant] gave substantial assistance or

encouragement to [name of actor]; and

3. That [name of defendant]’s conduct was a substantial factor in

causing harm to [name of plaintiff].

Mere knowledge that [a/an] [e.g., assault and battery] was [being/going to

be] committed and the failure to prevent it do not constitute aiding and

abetting.

New April 2008; Revised December 2015