|
4.4-5 Capacity
to Contract - Actual or Implied Authority
New March 5, 2010
The
defendant <name of principal> claims that (he/she/it) is not liable to
the plaintiff for <specify transaction> because <name of agent>
did not have the authority to enter into <specify transaction> that is
the basis of the plaintiff=s
claim against the defendant. The acts of an agent may impose liability on a
principal for a transaction either because the principal expressly gave the
agent authority to bind (him/her/it) by (his/her/its) actions or because the
authority of the agent to do so may be implied from the circumstances. It is up
to you to decide whether <name of agent> had either express or implied
authority to bind the defendant in the <specify transaction>.
If you
find from the evidence that the defendant expressly gave <name of agent>
authority to bind (him/her/it) in the <specify transaction>, then the
defendant is liable to the plaintiff for <specify transaction>.
If you do
not find that the defendant expressly authorized <name of agent> to bind
(him/her/it) in the <specify transaction>, you still must decide whether
<name of agent> had implied authority to do so. The law presumes that a
principal intends (his/her/its) agent to have the powers reasonably necessary to
carry out the principal=s
expressed purposes.
The
question of what is reasonably necessary to carry out the principal=s
expressed purposes is a question of fact for you to decide. In deciding whether
<name of agent> had the implied authority to bind the defendant in the <specify
transaction>, you must consider all the circumstances of <name of agent=s>
relationship with the defendant [including business or industry customs]. You
may make reasonable and logical deductions or inferences from the evidence of
the acts and statements of the defendant and <name of agent> in deciding
whether <name of agent> had implied authority to bind the defendant in
the <specify transaction>.
If you
find that <name of agent> had the implied authority to bind the
defendant, then the defendant is liable to the plaintiff for <name of agent=s> acts in the <specify transaction>.
Authority
Connecticut National Bank
v. Giacomi, 242 Conn. 17, 70 (1997); Czarnecki v.
Plastics Liquidating Co., 179 Conn. 261, 268 (1979); Fireman=s
Fund Indemnity Co. v.
Longshore Beach & Country Club, Inc., 127 Conn. 493, 498 (1941); Ackerson
v. Erwin M. Jennings Co., 107 Conn. 393, 397-98 (1928); 3 Am.
Jur. 2d, Agency
' 70 (2002).
Notes
A
reference to business or industry customs will be appropriate if evidence of
such customs has been admitted.
|
