CT · jury_instructions
Conn. Civ. Jury Instr. 4.4-5
Capacity to Contract - Actual or Implied Authority
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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