Agency of Necessity

7 Pages Posted: 15 Apr 2007

See all articles by Moiz Tundawala

Moiz Tundawala

West Bengal National University of Juridical Sciences

Navajyoti Samanta

School of Law, University of Sheffield

Date Written: February 2007

Abstract

The doctrine of agency of necessity which prescribes that in a situation of emergency the agent is automatically authorized to act on the principal's behalf, is one of the oldest means of creating anagency. However, of late, the growth and development of the law of express and implied authority has made such ancient notions redundant. This article will explicate the doctrine of agency of necessity. Next, the creation of agency by authority will be evaluated. Finally, the article will critique the creation of agency by operation of law and argue in favour of amalgamating it within the general law of actual and apparent authority.

Keywords: Agency, Agency of Necessity, Agency by Authority, Principal, Agent

Suggested Citation

Tundawala, Moiz and Samanta, Navajyoti, Agency of Necessity (February 2007). Available at SSRN: https://ssrn.com/abstract=980210 or http://dx.doi.org/10.2139/ssrn.980210

Moiz Tundawala

West Bengal National University of Juridical Sciences ( email )

12, LB Block, Sector III
Salt Lake City
Kolkata, West Bengal 700 064
India

Navajyoti Samanta (Contact Author)

School of Law, University of Sheffield ( email )

Bartolome House, Winter Street
Sheffield
Sheffield, South Yorkshire S3 7ND
United Kingdom
0114 222 6771 (Phone)

HOME PAGE: http://https://www.shef.ac.uk/law

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