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.
Agency of necessity is a type of relationship whereby one party can make essential decisions for another party. Agency of necessity is recognized by courts, and generally applies when one party is unable to make decisions by themselves.
Karl Stecher has written: 'Cases on the law of agency' -- subject- s -: Agency - Law -, Cases, Partnership
Economic necessity - in most cases.
Lupus cases are not reported to any agency.
Cecil A. Wright has written: 'A selection of cases and materials on the law of torts' -- subject(s): Cases, Torts 'Cases and materials on agency' -- subject(s): Agency (Law), Cases 'Canadian tort law' -- subject(s): Cases, Torts
The term agency by necessity means that someone else has made a decision on behalf of someone else. The person they are making the decision for must be in a condition that they cannot make the decision themselves.
Remedies for breach of agency may include damages, specific performance if the agency agreement is still in force, termination of the agency relationship, and in some cases, restitution or rescission. The specific remedy available will depend on the circumstances of the breach and the terms of the agency agreement.
Posse Comitatus
In Islam, it is only permissible for a Muslim to eat pork in cases of extreme necessity or if there is a risk to their life.
An agency relationship can be established in one of the Five ways: 1- Express Agreement 2- Implied Agreement 3- Agency by Necessity 4- Agency by Ratification 5- Agency by Estoppel Agency by Ratification: Effect of ratification is to backdate A's authority to act as an agent. This requires P's to: *have contractual capacity to make the contract *have been in existence both when the contract was made and at the date of ratification *be identified when the contract is made *be aware of all the material facts *clearly signify his intention to ratify the whole contract within a reasonable time A void of illegal contract cannot be ratified. Kelner v Baxter (1866) Agency by Estoppel: *This arises where P implies that A is his agent even though he's not *He is then prevented from denying As authority Freeman & Lockyer v Buckhurst Park Properties Ltd (1964)
Money developed out of necessity. People wanted things but didn't have a way of making an equal transaction in all cases.
That depends on the local laws. In cases of necessities they can usually be held accountable. If it is not a necessity, the agreement could be voided.