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Agency by Necessity

An agency by necessity may be created if the following three conditions are met:-

1) It is impossible for the agent to get the principal's instruction

2) The agent's action is necessary, in the circumstances, in order to prevent loss to the principal with respect to the interest committed to his charge e.g. when an agent sells perishable goods belonging to his principal to prevent from rotting.

3) The agent of necessity must have acted in good faith.

In an emergency an agent has authority to do all such acts for the purpose of protecting his principal from loss as would be done by a person of ordinary prudence.

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