3701. Tort Liability Asserted Against Principal Essential Factual Elements

3701. Tort Liability Asserted Against Principal--Essential Factual Elements Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 [Name of plaintiff] claims that [he/she] was harmed by [name of agent]'s [insert tort theory, e.g., "negligence"]. [Name of plaintiff] also claims that [name of defendant] is responsible for the harm because [name of agent] was acting as [his/her/its] [agent/employee/[insert other relationship, e.g. "partner"]] when the incident occurred. If you find that [name of agent]'s [insert tort theory] harmed [name of plaintiff], then you must decide whether [name of defendant] is responsible for the harm. [Name of defendant] is responsible if [name of plaintiff] proves both of the following: 1. 2. That [name of agent] was [name of defendant]'s [agent/employee/[insert other relationship]]; and That [name of agent] was acting within the scope of [his/her] [agency/employment/[insert other relationship]] when [he/she] harmed [name of plaintiff]. ________________________________________________________________________________ New September 2003