Agency of Necessity

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.