“Plaintiff claims that Defendant is responsible for the harm caused by []’s conduct because Defendant approved that conduct after it occurred. If you find that [] harmed Plaintiff, you must decide whether Defendant approved that conduct. To establish his claim, Plaintiff must prove all of the following: 1. That [], although not authorized to do so, purported to act on behalf of Defendant; 2. That Defendant learned of []’s unauthorized conduct, and all of the material facts involved in the
unauthorized transaction, after it occurred; and 3. That Defendant then approved []’s conduct. Approval can be shown through words, or it can be inferred from a person’s conduct. [Approval can be inferred if Defendant voluntarily keeps the benefits of []’s unauthorized conduct after it learns of it.]”
[CACI Jury Instructions [citations omitted]]
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