UJI 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. __________________’s (name of alleged employer) statements, acts, or conduct led the plaintiff to reasonably believe __________________ (name of apparent employee) was the defendant’s employee. [No direct communication between the 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. The 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.]