3709. Ostensible Agent Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 [Name of plaintiff] claims that [name of defendant] is responsible for [name of agent]'s conduct because [he/she] was [name of defendant]'s apparent [employee/agent]. To establish this claim, [name of plaintiff] must prove all of the following: 1. That [name of defendant] intentionally or carelessly created the impression that [name of agent] was [name of defendant]'s [employee/agent]; That [name of plaintiff] reasonably believed that [name of agent] was [name of defendant]'s [employee/agent]; and That [name of plaintiff] was harmed because [he/she] reasonably relied on [his/her] belief. 2. 3. ________________________________________________________________________________ New September 2003