13-408. Apparent authority; reliance.
The defendant, __________________ (name of alleged employer), may, if there has been no actual employment, with right to control, nonetheless be liable for the acts or omissions of __________________ (name of alleged apparent employee), if:
1. __________________ (name of alleged employer) by [his] [her] [its] statements, acts or conduct led the plaintiff to reasonably believe __________________ (name of apparent employee) was defendant's employee.
[No direct communication between plaintiff and __________________ (name of alleged employer) employer is required; the statements, acts or conduct may consist of those made to the public in general.]
2. Plaintiff dealt with __________________ (name of apparent employee) in justifiable reliance upon representations of __________________ (name of alleged employer);
[3. At the time of the injury __________________ (name of apparent employee) was acting in the scope of the apparent employment.]
USE NOTE
This instruction is to be used together with UJI 13-403 when apparent authority is an issue. The bracketed language in paragraph number 1 is appropriate when the communication is not direct. If the scope of apparent authority is also in issue, then the bracketed paragraph number 3 should be included and UJI 13-407 should follow this instruction.
[As amended, effective January 1, 1987; November 1, 1991.]