M Civ JI 38.10 Agency: Apparent Agency Relationship

The plaintiff claims that [ name of person ] was acting as the defendant’s agent. The defendant is bound by the acts of [ name of person ] as [ his / her ] agent if

(a) the defendant put [ name of person ] in such a situation that an ordinary person familiar with the particular type of business involved in this matter would be justified in assuming that [ name of person ] had the authority to act on behalf of the defendant,

(b) the plaintiff assumed that [ name of person ] had the authority to act on behalf of the defendant, and

(c) the plaintiff was justified in assuming that [ name of person ] had the authority to act on behalf of the defendant.

Note on Use

This instruction does not apply in tort cases. See Grewe v Mount Clemens General Hospital, 404 Mich 240; 273 NW2d 429 (1978); Johnston v American Oil Co, 51 Mich App 646; 215 NW2d 719 (1974).

Comment

Central Wholesale Co v Sefa, 351 Mich 17; 87 NW2d 94 (1957); Faber v Eastman, Dillon & Co, 271 Mich 142; 259 NW 880 (1935).

History

M Civ JI 38.10 was added January 1999.