Friday, January 6, 2012

Pattern Instruction Restatement Agency 2d § 267

Missouri has no pattern instruction for negligence by an agent acting with apparent authority, based on the Restatement (Second) Agency § 267, which reads:

Instruction No.___

Your verdict must be for Plaintiff and against Defendant if you believe:

First, Defendant represented to Plaintiff that Agent X was its agent; and

Second, this representation caused Plaintiff to justifiably to rely upon the care or skill of Agent X and

Third, Agent X either . failed to , or

Agent X., failed to, or

Agent X, failed to , and

Fourth, Agent X, in any one or more of the respects submitted in paragraph Third was thereby negligent, and

Fifth, such negligence directly caused or directly contributed to cause damage to Plaintiff .

The term “negligent” or “negligence” as used in this instruction means the failure to use that degree of skill and learning ordinarily used under the same of similar circumstances by the members of Old Republic’s business.

Not in MAI

Restatement (Second) Agency § 267

MAI 17.02 [1980 Revision] Verdict Directing Form–Multiple Negligent Acts Submitted (form only)

MAI 11.06 (Definition

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