This is a Florida Jury Instructions form that can be used for 402 Substantive Instructions - Professional Negligence within Civil.
Last updated: 4/8/2013
402.9a (2) Preliminary Issues - Vicarious Liability - Agency Without Claim of Independent Contractor On (claimant)'s claim there is a preliminary issue for you to decide. That issue is whether (name) is an agent of (defendant) [(name) is an agent of (defendant) if (defendant) authorized [him] [her] to act on (defendant)'s behalf.] [(name) is an apparent agent if, by words or conduct, (defendant) caused or allowed (claimant) to believe that (name) was an agent of and had authority to act for (defendant).] A person is responsible for the negligence of an [agent] [or] [apparent agent] if at the time and place of the incident complained of the [agent] [or] [apparent agent] is acting within the scope of [his] [her] [apparent] authority. [See Notes on Use regarding bracketed sections.]
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