199x NDJI-CIVIL 910
A "joint venture" is created when two or more persons undertake a common objective for their mutual benefit in which they:
1) have combined their money, property, time, or skill in a common undertaking, but the contribution of each need not be equal or of the same nature;
2) own a proprietary interest in and a right of mutual control over the property used in the undertaking;
3) have expressly or impliedly agreed to share the profits, but not necessarily the losses, of the undertaking; and
4) have entered into a contract, whether express or implied, showing that a joint venture has in fact been entered into.
[A joint venture does not arise from a social relationship or from a mutual interest in the object or purpose of a trip.]
[With respect to third persons, the rules of agency control in determining whether one joint venturer is liable for the wrongdoing of the other [or their agent].]
Whether the relationship of joint venturers existed between [the parties] at the time of the occurrence is a question of fact that you must decide in determining the issue of liability of the Defendant.
Thompson v. Danner, 507 NW2d 550, 556 (ND 1993)
Volz v. Dudgeon, 334 NW2d 204 (ND 1983)
West Key Nos.: Joint Adventures 1.1, 1.2(1), and 1.14; 5,
46 Am. Jur.2, Joint Ventures, Secs. 1 and 13
48A CJS, Joint Ventures, Secs. 2, 10, and 13
NOTE: This instruction should be given along with
NDJI-CIVIL 900, Agency, only if there is an issue as to
whether the Defendant is chargeable with the wrongdoing of
a third person.