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4.4-4  Agency - Defined  

New February 3, 2009 

The plaintiff claims the defendant is liable because [A] is the defendantís agent.  To find that [A] is in fact the defendantís 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 defendantís 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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