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ID · jury_instructions

IDJI 6.48

Definition of joint enterprise

activein force · 2024-01-01 – presentas-observed

One of the issues to be decided by you is whether ____(name)___and ____(name)___ were engaged in a joint enterprise. A joint enterprise exists if all of the following elements are present:

(1) an agreement, express or implied, between two or more persons to carry out a common purpose as a group;

(2) a community of pecuniary interest in the common purpose shared among each member of the group; and

(3) an equal voice in the control of the enterprise held by each member of the group.

The phrase "community of pecuniary interest" means that the common purpose of the enterprise must be the accomplishment of a commercial or business objective, carried out for the mutual profit of the group. It is not present where the purposes of the individual members of the group are separable or entirely personal to the individuals or their families, even if the separate purposes or personal purposes are pecuniary gain.

Comments:

See Easter v. McNab, 97 Idaho 180, 541 P.2d 604 (1975); Maselli v. Ginner, 119 Idaho 702, 809 P.2d 1181 (Id. App. 1991)

Provenance

Source
isc.idaho.gov
Retrieved
2026-08-21
Edition
2026-08-20
Content hash
2b973a431292ca7aebd3ef074cc7bd827dbc37cddc0ed009f7f31c5d1b8fe6bf
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