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5 Authority Deriving from Agency of Necessity

From: Agency: Law and Principles (4th Edition)

Roderick Munday

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 27 February 2024

Usual authority — Creation of agency — Nature of agency — Legal relations between principal and third party

This chapter analyzes situations in which the law will impose the incidents of agency where one party has acted on behalf of another in the course of an emergency. It explains how the agent elects to act for the benefit of the principal, without prior authority, in order to preserve or protect that property or those interests. It also traces the doctrine of necessity that owes its origins to early practices of mercantile law, particularly to the shipping law. The chapter cites the Roman-law doctrine of negotiorum gestio, which was concerned with rights and liabilities arising out of the unrequested management of another’s affairs. It mentions the case Hawtayne v Bourne, which illustrates the refusal to recognize the rights of those who confer unrequested benefits on others.

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