Agency of necessity

Updated: Aug 20, 2021

This occurs where one person acts on behalf of another without that other’s express permission, in order to safeguard the interests of the other party. The other party will be bound by the agency. Agency of necessity cannot arise. and there would be no legal agency unless: (1) it is impossible to communicate with the principal; (2) a contract of agency already exists; and (3) immediate action is necessary.

Reference: The Penguin Business Dictionary, 3rd edt.

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