WI · jury_instructions
Wis JI-Civil 4000
Agency: Definition
An agency is created as the result of the conduct of two parties.
The party for whom action is to be taken is the principal. The party who is to act is
the agent.
An agency is based on an agreement between the parties which embodies three
factual elements:
(1) the conduct of the principal showing that the agent is to act for him or her;
(2) the conduct of the agent showing that he or she accepts the undertaking;
(3) the understanding of the parties that the principal is to control the
undertaking.
The conduct on the part of the principal must show that he or she is willing that
the agent act for him or her and must indicate that the agent is to do so, subject to the
principal's control. The conduct on the part of the agent must show that the agent acts or
agrees to act on the principal's behalf, subject to principal's control.
A principal-agent relationship may be created or exist between the parties as a
result of their acts and conduct, even if they had no knowledge or intent that the
relationship was, or is being, created.
[Burden of Proof, Wis. JI-Civil 200]
History
Wis JI-Civil 4000 (2019). ©2019, Regents, Univ. of Wis. Prepared by the Wisconsin Civil Jury Instructions Committee of the Wisconsin Judicial Conference with the University of Wisconsin Law School; posted by the Wisconsin State Law Library with the University's permission.
Provenance
- Source
- wilawlibrary.gov
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
4e81f6d3b0bffd6e38a6ac74cc9a0fa1c9b8539d97024ed25a994501cb3aff11
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