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.

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