Wis JI-Civil 3112

If an owner of an automobile gives his or her permission to another to use his or her

automobile, that person has the right to use the vehicle as long as he or she does not

substantially violate the terms and conditions placed upon its use by the owner.

An owner of an automobile may restrict or limit the length of time or the kind of use

to which the automobile is to be put by the person using it.

If the person, to whom permission was given by the owner, does not obey the

restrictions placed upon its use, as those restrictions relate to a period of time, or the purpose

for which the car was to be used, and you determine that the use was a substantial deviation

from the restrictions placed by the owner at the time permission for its use was granted, then

you must find that the use of the car was not within the scope of permission.

As used in this instruction, the term "substantial deviation" means that the person

borrowing the car exceeded the scope of the permitted use significantly in a way that was

clearly not in the contemplation of the parties at the time permission was initially granted by

the owner.

[A person who uses a car with the owner's permission may allow another person to

drive it unless expressly prohibited by the owner from so doing and so long as such driving is

within the scope of the permission granted by the owner. Any express prohibition by the

owner against another person's driving the car is a valid restriction and must be recognized by

you as binding upon the person to whom permission was initially granted.]

The limitations, if any, upon the scope or extent of the permission must be determined

from the understanding, either express or implied, between the owner and the person using

the car. This understanding is to be determined from all of the facts and circumstances

surrounding the granting of permission.

It is for you, the jury, to determine whether under the facts of this case, the owner did

restrict the permission given by limiting the time or purpose of such use, and if you find that

there were restrictions, whether the user substantially deviated from those restrictions placed

upon the car's use by the owner.