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DE · jury_instructions

Del. P.J.I. Civ. § 18.13

Motor Vehicle Owners – Use Beyond Scope of Permission

activein force · 2025-10-22 – presentcompiled-edition

DRIVER ACTING BEYOND SCOPE OF PERMISSION TO USE VEHICLE

Ordinarily, when someone drives another person’s vehicle as the owner’s agent

and with the owner’s permission, the owner is liable for the driver’s acts. But if the

driver uses the vehicle for a private purpose, then the owner is not liable because the

driver has used the vehicle outside the scope of the owner’s permission. Permission

means the express or implied agreement of the owner for the driver to use the

vehicle. Similarly, if the driver of another person’s vehicle is not acting as the

owner’s agent but is using the vehicle with the owner’s permission but for the

driver’s own purposes, the owner is not liable.

If you find that [driver’s name] acted outside the scope of [owner’s name]’s

permission and used the vehicle for [his/her] own purposes, then you must find that

[owner’s name] is not liable for [driver’s name]’s negligence.

Provenance

Source
courts.delaware.gov
Retrieved
2026-09-23
Edition
civ-2025-10-22
Content hash
a6c29c75a264af069afc36f02498bfd6d5cf1387a9511202b55b2db447ad8194
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