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4.4-4 Agency - Defined
New February 3,
2009
The plaintiff claims the
defendant is liable because [A] is the defendant’s agent. To find that [A] is
in fact the defendant’s agent, you must find that three things have occurred
between [A] and the defendant.
First, the defendant must
have in some way communicated (his/her) intention to [A] that [A] would act for
(him/her) in connection with the undertaking <describe it>.
Second, [A] must have
agreed to act for the defendant in connection with the undertaking; and
Third, the defendant and
[A] must have agreed or understood that the defendant would be in control of the
undertaking.
If you find that these
three things have occurred, then you must find that [A] is in fact the
defendant’s agent.
Authority
National Publishing Co.
v. Hartford Fire Ins. Co., 287 Conn.
664, 677-78 (2008); McLaughlin v. Chicken Delight, Inc., 164 Conn. 317,
322 (1973); Black's Law Dictionary 62 (6th ed. 1990).
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