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CT · jury_instructions

Conn. Civ. Jury Instr. 4.4-5

Capacity to Contract - Actual or Implied Authority

activein force · 2010-03-05 – presentas-observed

The defendant <name of principal> claims that (he/she/it) is not liable to the plaintiff for

<specify transaction> because <name of agent> did not have the authority to enter into <specify

transaction> that is the basis of the plaintiff's claim against the defendant. The acts of an agent

may impose liability on a principal for a transaction either because the principal expressly gave

the agent authority to bind (him/her/it) by (his/her/its) actions or because the authority of the

agent to do so may be implied from the circumstances. It is up to you to decide whether <name

of agent> had either express or implied authority to bind the defendant in the <specify

transaction>.

If you find from the evidence that the defendant expressly gave <name of agent> authority to

bind (him/her/it) in the <specify transaction>, then the defendant is liable to the plaintiff

for<specify transaction>.

If you do not find that the defendant expressly authorized <name of agent> to bind (him/her/it) in

the <specify transaction>, you still must decide whether <name of agent> had implied authority

to do so. The law presumes that a principal intends (his/her/its) agent to have the powers

reasonably necessary to carry out the principal's expressed purposes.

The question of what is reasonably necessary to carry out the principal's expressed purposes is a

question of fact for you to decide. In deciding whether <name of agent> had the implied

authority to bind the defendant in the <specify transaction>, you must consider all the

circumstances of <name of agent's> relationship with the defendant [including business or

industry customs]. You may make reasonable and logical deductions or inferences from the

evidence of the acts and statements of the defendant and <name of agent> in deciding

whether<name of agent> had implied authority to bind the defendant in the <specify

transaction>.

If you find that <name of agent> had the implied authority to bind the defendant, then the

defendant is liable to the plaintiff for <name of agent's> acts in the <specify transaction>.

Provenance

Source
jud.ct.gov
Retrieved
2026-08-23
Edition
2026-08-23
Content hash
a1d930d19209889485fb992bbc86c481f05bfe279413c34b124bbb0aaa2fa2b7
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