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US-CA9 · jury_instructions

9th Cir. Model Jury Instr. (Civil) 4.11

Both Principal and Agent Sued—Agency or Authority Denied

activein force · 2026-08-20 – presentas-observed

[Defendant [name of alleged principal] is sued as the principal and the defendant [name of alleged agent] as the agent. [It is denied that any agency existed.] [It is [also] denied that [name of alleged agent] was acting within the scope of authority as an agent of [name of alleged principal].]]

If you find that [name of alleged agent] [was the agent of [name of alleged principal]] [and] [was acting within the scope of authority], and if you find against [name of alleged agent], then you must also find against [name of alleged principal]. If you do not find against [name of alleged agent], then you must find for both [name of alleged principal] and [name of alleged agent].

If you find against [name of alleged agent], but do not find that [name of alleged agent] was acting within the scope of authority as an agent of [name of alleged principal], then you must find that [name of alleged principal] is not liable.

Provenance

Source
ce9.uscourts.gov
Retrieved
2026-08-20
Edition
2026-08-20
Content hash
5771da1597d2fd220f5a3f23791a23493143d9a4a7067f3ea8b2c49d1b3da462
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