Last updated: 4/13/2015
50.03 Both Principal and Agent Sued-Agency Denied-Principal Sued Under Respondeat Superior Only
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Description
50.03 Both Principal and Agent Sued--Agency Denied--Principal Sued Under Respondeat Superior Only Defendant [name of principal] is sued as the principal and the defendant [alleged agent's name] as his agent. [It is denied that any agency existed.] [It is (also) denied that [alleged agent's name] was acting within the scope of his authority as an agent of the defendant [name of principal] at the time of the occurrence.] If you find that the defendant [alleged agent's name] [was the agent of the defendant [name of principal]] [and] [was acting within the scope of his authority] at the time of the occurrence, and if you find [alleged agent's name] is liable, then both are liable. If you find that [alleged agent's name] is not liable, then neither defendant is liable. If you find that the defendant [alleged agent's name] is liable but was not acting [as an agent of the defendant [name of principal]] [or] [within the scope of his authority as an agent of the defendant [name of principal]] at he time of the occurrence, then the defendant [name of principal] is not liable.