3710. Ratification

3710. Ratification Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 [Name of plaintiff] claims that [name of defendant] is responsible for the harm caused by [name of agent]'s conduct because [name of defendant] approved that conduct after it occurred. If you find that [name of agent] harmed [name of plaintiff], you must decide whether [name of defendant] approved that conduct. To establish [his/her] claim, [name of plaintiff] must prove all of the following: 1. That [name of agent], although not authorized to do so, purported to act on behalf of [name of defendant]; 2. That [name of defendant] learned of [name of agent]'s unauthorized conduct, and all of the material facts involved in the unauthorized transaction, after it occurred; and That [name of defendant] then approved [name of agent]'s conduct. 3. Approval can be shown through words, or it can be inferred from a person's conduct. [Approval can be inferred if [name of defendant] voluntarily keeps the benefits of [name of agent]'s unauthorized conduct after [he/she/it] learns of it.] ________________________________________________________________________________ New September 2003; Revised June 2016